What to do when an agreement is not respected

The conclusion of a contract, whether verbal or written, generates precise expectations and obligations between the parties. When one of them fails to fulfill their duties, a breach of contract occurs, a situation that can cause significant economic damage and frustration. Understanding your rights and available legal actions is the first fundamental step to protect your interests. As an expert lawyer in damages compensation in Milan, avv. Marco Bianucci assists individuals and companies in facing these complex circumstances, with the aim of obtaining fair compensation for the prejudice suffered.

The regulatory framework for breach and compensation

The Italian Civil Code, in Article 1218, establishes a cardinal principle: the debtor who does not exactly perform the due performance is liable for damages, unless they prove that the breach or delay was determined by the impossibility of the performance resulting from a cause not attributable to them. Breach can manifest in various forms: total, when the performance is entirely missing; partial, when it is performed incompletely or defectively; or late, when it occurs beyond the agreed term. In any case, the injured party has the right to be compensated for the losses suffered.

The components of compensable damage

Compensation for damages from breach of contract consists of two main elements, as defined by Article 1223 of the Civil Code. The first is emergent damage, which represents the direct and immediate economic loss suffered due to the breach (e.g., expenses incurred or assets lost). The second is loss of profit, meaning the lost earnings that the performing party would have reasonably achieved if the contract had been respected. The quantification of both items requires careful and documented analysis, essential for formulating a solid and credible claim for compensation.

The approach of Studio Legale Bianucci in Milan

Dealing with a dispute for breach of contract requires a clear and pragmatic strategy. The approach of avv. Marco Bianucci, an expert lawyer in damages compensation in Milan, is based on a meticulous analysis of the specific case, aimed at maximizing the chances of success for the client. The process begins with a thorough examination of the contract and all available documentation to assess the validity of the claim and identify supporting evidence. Subsequently, the precise quantification of the damage is carried out, distinguishing between emergent damage and loss of profit. Where possible and in the client's interest, an out-of-court resolution is pursued to reduce time and costs, but if this path is not feasible, the firm is prepared to undertake targeted legal action to assert the client's rights in court.

Frequently Asked Questions

What exactly is meant by breach of contract?

Breach of contract means the failure to perform, incorrect performance, or late performance of the obligation that constitutes the object of an obligation arising from a contract. It can concern any type of agreement, from sales to service provision, and entitles the party suffering the damage to claim compensation.

What types of damages can I claim for a contract not respected?

It is possible to claim compensation for patrimonial damage, which includes both 'emergent damage' (direct economic losses, such as expenses already incurred) and 'loss of profit' (future lost earnings). In specific cases, if the breach also infringes inviolable personal rights, non-patrimonial damage may also be claimed.

How long do I have to take legal action for a breach?

The right to compensation for damages from breach of contract generally expires after ten years. However, there are exceptions with shorter terms depending on the nature of the contract. It is therefore crucial to act promptly to avoid losing the right to protect one's interests.

Is it always necessary to go to court to obtain compensation?

Not necessarily. It is often possible to reach a satisfactory solution through out-of-court negotiation, such as mediation or settlement. An expert lawyer will assess the best strategy, favoring a rapid and effective resolution, but preparing to proceed to court if an agreement cannot be reached.

Request an assessment of your case in Milan

If you have suffered damage due to the non-fulfillment of an agreement, it is essential to act with knowledge of the facts to protect your rights. Studio Legale Bianucci offers targeted consultation to analyze your contractual situation and define the most effective strategy to obtain fair compensation. Contact avv. Marco Bianucci for an in-depth assessment of your case in Milan.