promittente

Promittente is a term used in civil law to denote the party who makes a promise or undertakes to perform a future obligation under a contract. The promittente is the promisor, while the other party is typically referred to as the promissario (the promisee). The term is common in Italian legal language and appears in contexts such as unilateral promises to contract and preliminary contracts (contratto preliminare).

Etymology and scope: Promittente derives from Italian promittente, which in turn comes from the Latin promittens, the present participle of promittere (to promise). The designation identifies the party bound to fulfill the promised future obligation.

Applications and roles: In a unilateral promise to contract (promessa unilaterale di contrarre), the promittente binds himself to conclude a future contract under specified terms within a set period. In a preliminary contract, the promittente typically commits to execute the definitive agreement (for example, a sale or transfer) once conditions are met or deadlines pass. The promittente’s duties are defined by the terms of the promise or contract and by applicable law.

Breach and remedies: If the promittente fails to perform as promised, he may be liable for damages and, in some cases, may be compelled to perform or complete the contract, depending on the jurisdiction and the contract’s terms. Remedies can include specific performance, rescission, or compensation for losses incurred by the promissario.

See also: Contratto preliminare, Promessa unilaterale di contrarre, Promissario, Diritto contrattuale.