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Trade Usages and Implied Terms in the Age of Arbitration$
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Fabien Gélinas

Print publication date: 2016

Print ISBN-13: 9780199916016

Published to Oxford Scholarship Online: May 2016

DOI: 10.1093/acprof:oso/9780199916016.001.0001

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Usages and Implied Terms in Italy

Usages and Implied Terms in Italy

(p.59) Chapter 4 Usages and Implied Terms in Italy
Trade Usages and Implied Terms in the Age of Arbitration

Luca G. Radicati di Brozolo

Giacomo Marchisio

Oxford University Press

This chapter provides a theoretical and practical survey of usages under Italian law. It begins with a general overview of contract theory and the taxonomy of usages, in order to suggest that implied terms should be recognized, alongside custom, as a source of law, in particular because of their ability to respond to the changing needs of the market. The chapter will discuss the importance of usages in the shift toward an objective theory of contract, with Italian courts demonstrating a certain openness to usages, particularly in international cases. Finally, it will examine the impact of uniform and transnational rules on the interpretation and implementation of usages, focusing on arbitration and noting that the two arbitrations that have so far addressed usages seem consistent with arbitrations internationally.

Keywords:   usages, Italy, custom, implied terms, objectivism, flexibility, needs of the market, international arbitration

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