clausole

Clausole is the plural of clausola in Italian, referring to a provision or stipulation in a contract, treaty, statute, or other legal instrument. The term derives from Latin clausula. In legal practice, clausole encode the parties’ rights, obligations, conditions, exceptions, remedies, and procedural steps, shaping the document’s legal effects and guiding its interpretation and enforcement.

In contract practice, clausole cover a wide range of topics, including suspensive or resolutory conditions, payment terms, liability limits, confidentiality, termination, governing law, and jurisdiction. Specialized examples include clausola penale (penalty clause), clausola di forza maggiore (force majeure), clausola compromissoria (arbitration clause), clausola di non concorrenza (non-compete clause), and clauses related to indemnities or warranties. Abusive contractual terms are referred to as clausole vessatorie, which are restricted under consumer protection and competition rules.

The validity and interpretation of clausole are governed by the applicable civil code and statutory provisions in each jurisdiction, with emphasis on good faith interpretation and the contract’s overall purpose. In Italy, directives on unfair contract terms have influenced the regulation of clausole in consumer contracts, promoting transparency and enforceability of essential terms.

See also: contract law, clause, force majeure, governing law, arbitration clause, unfair contract terms.