Contractual and tort liability

  

   With reference to the contractual liability, the Firm offers advice both for "typical" and “atypical” contracts (eg, leasing, corporate contracts).

   An important area of that advice concerns the public - private partnerships (such as the project financing), which pose frequent problems of compensation of contractual damages.

   With reference to non-contractual liability, as well as for the types of responsibilities under the Civil Code, the Law Firm offers advice, in particular, with regard to the damages related to the Public Administrations' activity, specifically, in public procedures for public procurements.

   Another important area of la advice is related to the field of corporate law, with reference, for example, to the management's liability.

   Contracts

   The Firm can provide legal services for the preparation of various types of contracts, particularly in the field of the real estate and of the property law, where the administrative law law office's expertise can provide a comprehensive examination of the legal issues related to the purchase, in particular, of the house property.

   The law office can assist with reference to the establishment of contracts which give rise to legal persons or corporate bodies (in particular, companies), in this regard, the firm can give advice in relation to the identification of the company model (with reference, for example, to the contents of the "Statute" or of the founding act) most suited to the aims pursued by the same “bodies” (in particular, if they operate in the business activities).

   The Firm can provide advice in this respect with regard to the legal transactions concerning the public - private partnerships under the European and national law principles.

   In the contracts' matter an important field, then, is represented by the European and national “competition” law (profile surely "involved" in the case of contractual operations, especially relating to business and corporate activities), in which the same Law Firm grants a support by its public and administrative law expertise.

   In the same contractual matter the just mentioned civil law competences are completed by the consideration and the care of all the profiles of tax law that may be involved in contractual transactions especially in the case of contracts concerning the real estate.

   The above indicated advice can be also extended to the profile concerning the obligations deriving by the different contracts and can involve also the assistance for the "debt collection" and the “debt recovery”.

   The Law Firm (in line with his general attention to the profiles of international law) addresses a constant attention to the issues related to European law of contracts, according to the scenario outlined by the Commission with an important communication in 2001 (Commission Communication COM (2001) 398 final, 07.11.2001).

   Real estate

   The Firm can provide advice for issues relating to private or public rights in rem, and, in particular, property rights.

   The judicial and extrajudicial assistance for these profiles concerns both aspects of civil law for the legal protection of property rights, both aspects of public law, where the legislation on environmental protection or cultural goods puts public or administrative limits to real private rights in this respect.

   Company and corporate law

   With reference to company law, the Law Firm can:

   - give advice on setting up companies, starting from the corporate model that best suits the needs of the enterprise;

   - give advice on the tax law in relation to the business model chosen;

   - assist in the construction of the internal governance of the company, choosing the set of relationships between corporate bodies more suited to the needs of the corporate in question;

   - give advice in relation to the problems posed by d.lgs. 231/2001;

   - assist in the establishment of public, public - private or entirely in house joint venture, especially with regard to operations of public - private partnership;

   - advising on an economic and accounting profile for the study of the balance sheet, income and financial position of companies also in relation to the tax law.

   Corporate governance according to the d.lgs. 231/2001

   With regard to corporate governance under d.lgs. 231/2001, the Firm can give law advice in relation to the identification of the “set up” of the corporate bodies to make it compatible with the rules established by that legislation, with particular reference to the identification of '"supervisory body" and for the "ethical code".

   The Law Firm may, then, in this respect, provide assistance (including the profile of the “accounts”) to companies, studying the characteristics of their activity and supporting it by controls to verify the compliance with that legislation.

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