The ruling no. 17157 of 2024 and the admissibility of database usage license contracts

The recent order no. 17157 of June 21, 2024, issued by the Court of Cassation, addresses a crucial issue in the field of civil and commercial law: the validity and admissibility of proof of the stipulation of a database usage license contract. This topic is particularly relevant for businesses and professionals in the sector, as it touches on the rights to use information and digital resources.

The context of the ruling

In the case at hand, D. (D. P. G.) against I., the Court of Milan had already expressed a clear position regarding the need for written formalities for the stipulation of such contracts. However, the Court of Cassation overturned this view, establishing that database usage license contracts are not subject to strict formal requirements. This ruling is based on a precise interpretation of the provisions of the Civil Code, particularly articles 1322, 1350, and 2697.

Admissibility of presumptions as evidence

One of the most significant aspects of this ruling is the assertion regarding the admissibility of presumptions to demonstrate the stipulation of the contract. In particular, the Court clarified that:

NOTION - ADMISSIBILITY In general. The database usage license contract is not subject to strict formalities and, therefore, proof of its stipulation can also be provided through presumptions concerning the actual execution of the performances covered by the contract itself.

This maxim highlights how proof of the stipulation of a contract can occur not only through written documentation but also through behaviors and concrete acts that demonstrate the execution of the contract itself. This represents an important opening for businesses, which often operate in a context where formalities can be an obstacle.

The implications for commercial law

The consequences of this ruling are multiple and deserve exploration:

  • Greater flexibility in the stipulation of usage license contracts, fostering innovation and the use of digital resources.
  • The possibility of using behaviors and customs as evidence in case of disputes, reducing the risk of legal controversies.
  • Encouragement of the adoption of more agile business practices, in line with the needs of the contemporary market.

Therefore, ruling no. 17157 of 2024 represents a step forward in recognizing the necessary flexibility in modern commercial law, especially in an era where digital transactions are the order of the day.

Conclusions

In conclusion, the order of the Court of Cassation no. 17157 of 2024 marks an important change in the regulation of database usage license contracts. With the possibility of proving the stipulation of the contract through presumptions, the law aligns better with the dynamics of the current market, where speed and efficiency are essential. Companies and professionals must now consider these developments in their operational and legal strategies to successfully navigate a constantly evolving regulatory landscape.

Bianucci Law Firm