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Department of CONTRACT LAW

Head of the department

Prof. Antonello Martinez, attorney-at-law

This department, managed by Prof. Antonello Martinez, attorney-at-law, provides assistance in contract drafting and out-of-court consulting on civil issues con­cerning or related to national and international contracts drafted for companies, bodies, foundations, associa­tions or individuals. Consultancy is given during all the phases of the contractual process and procedure, from the pre­liminary agreements to contract drafting and negotiation and post-contractual consulting concerning contract interpretation and enforcement.

This department is extremely experienced in providing especially companies with out-of-court consulting and assistance on all types of contracts, including also the new types of agreements. Advice is given on issues including, but not limited to the following: non-disclosure agreements, preliminary agreements, tenders and service agreements, sales and distribution agreements, lease and franchise agreements, licenses, powers of attorney, computing agreements, business lease, company and share transfer agreements, consulting agreements, sponsorship agreements, bylaws, articles of association and master-fee protection agreement regarding company reorganization.

Regarding international contracts, the basic procedure adopted is based on the principle that the effectiveness of any commercial or marketing plan cannot disregard the cross-analysis of the different national legislations and the so-called lex mercatoria. For this reason, the most convenient applicable law is detected and analyzed since the beginning, and the drafting of the agreements is guided by the completeness and self-sufficiency principles that characterize international contracts. The conceptual system underlying the contractual structure thus tends to be autonomous, especially in the sections concerning the general contractual provisions, the governing law, and the dispute resolution.