Promettente

Promettente is a term used in Italian civil law to designate the party who makes a promise within a contract or a promise of contract. The promittente undertakes to perform certain obligations in the future, subject to the terms and conditions agreed between the parties. The counterpart in this relationship is the promissario, the party to whom the promise is made and who may acquire a right once the promise is fulfilled or the contract is formed.

In the context of a unilateral promise of contract (promessa unilaterale di contratto), only the promittente binds themselves to act or refrain from acting. In bilateral agreements, each party may be a promittente with respect to their own undertakings, potentially creating reciprocal obligations.

A common application is the promessa di vendita (promise of sale). In a typical promessa di vendita, the promittente venditore (the seller who promises to transfer the property) and the promissario acquirente (the buyer who promises to purchase) outline the conditions under which the final transfer will occur. Such arrangements establish rights and remedies if one party fails to perform, subject to the applicable civil-code provisions and contract terms.

Etymology and usage: promittente derives from the verb promittĕre (to promise) with the agentive suffix -ente, reflecting the one who makes the promise. The term carries legal connotations primarily in formal documents; in everyday language it may simply refer to someone who has given a promise.

Notes: The precise meaning and enforceability of a promittente’s undertakings can vary by jurisdiction and contract type, so local law and contract specifics govern the duties and remedies involved.