Italian Supreme Court Protects Weaker Contracting Party

The Italian Supreme Court just ruled to protect weaker contracting parties under its Consumer Code. The Supreme Court decided that consumers shouldn't be burdened by having to go to court outside their own local jurisdiction, despite contractual provisions to the contrary.

The negotiation between the consumer and the professional party must meet the criteria of:

• specificity - the parties must have negotiated the specific clause in question;
• purpose - the parties must have acted with the intention of agreeing to the clause; and
• effectiveness - both parties must have been given the opportunity to decide whether to agree to the clause. 

Read full details at International Law Office