contratti

Contratti are legally binding agreements that create obligations between two or more parties. The term, used in many legal traditions, describes a structured arrangement that governs rights and duties and is enforceable by law. In most systems, a contract rests on the voluntary agreement of competent parties regarding a lawful subject matter and a valid reason for the obligation.

Elements commonly required for a contract include the consent of the parties, a definite object, and a lawful cause. Many jurisdictions also require capacity to contract, and some contracts must follow a specific form. Formation typically involves an offer, followed by acceptance, with the latter communicated to the offeror and conforming to the terms of the offer.

Contracts can be categorized in several ways. Bilateral contracts impose obligations on both sides, while unilateral contracts require one party to perform after a specified act. They can be consensual or formal—formal contracts require a particular writing or ritual. They may be onerous, where each party gains value, or gratuitous, where one party provides a benefit without equivalent return. Typical contracts are those recognised by law, while atypical contracts are arranged by the parties themselves without a standard template.

Performance is the central obligation of a contract: each party must fulfill its duties as agreed. A breach occurs when one party fails to perform, triggering remedies such as damages intended to compensate loss and, in some jurisdictions, specific performance or rescission.

Contracts terminate by full performance, mutual agreement, impossibility, frustration, or breach followed by remedies. Interpretation aims to clarify terms and the parties’ intent, with governing law guiding interpretation and enforceability. In modern practice, digital contracts and electronic signatures have become common, accompanied by consumer protection and privacy considerations. Standard form or adhesion contracts are widespread, raising ongoing discussions about balance of power and transparency.