Commercial civil law

The lawyers of Arché Studio Legale boast many years of experience in all branches of civil law, with particular emphasis on commercial and corporate law, having provided and continuing to provide legal assistance and advice to leading national companies.

Specifically, the areas dealt with are as follows:

A particularly relevant area with regard to the expertise of the firm’s members is that of civil liability in general and especially professional medical liability (extrajudicial and judicial) and criminal liability, safeguarding professionals as well as patients claiming to have suffered damage as a result of inadequate medical health care. In this context, the firm has built a significant nationwide network of contacts comprised of medico-legal experts, for the purpose of obtaining prior ascertainment of the existence of a causal link between the alleged case of malpractice and the damage caused to the patient.

The lawyers of Arché Studio Legale assist their Italian and foreign clients in drawing up all types of contract regarding the company and the activities of everyday life, with particular focus on transactions relating to the protection of intellectual property, the sale of moveable and immovable property, national and international procurement and supply contracts, agency/procuration, leasing, financing and guarantees.

For many years the firm’s lawyers have been providing advice and legal assistance in all issues relating to business and corporate management, with particular reference to matters regarding the duties and responsibilities of directors and auditors, auditing, equity and capital transactions, mergers, incorporations, company transfers, unfair competition – including in the context of EU law – and company and business reorganisation.

Some of the partners of the firm have also extensive professional and academic experience collaborating with scientific journals both in Italy and abroad.

Arché Studio Legale has specialists in all legal matters relating to insolvency proceedings.

The firm provides assistance and advice on all types of insolvency, in the context of credit protection (declaring bankruptcy, lodging claims, etc.) and on behalf of both plaintiff and defendant in insolvency proceedings.

Several members of the firm have focused on the subject of trusts since 1992, studying in depth the legal effects of the ratification, carried out through Law n. 364, 16/10/1984, of the Hague Trust Convention established on July 1, 1985 on the law regarding trusts and their recognition in the legal systems of the Member States of the Convention.

This research activity involves taking part in study seminars and conferences as speakers as well as producing numerous publications on the subject of trusts and fiduciary relations.

Particular emphasis is placed on the possible applications of the institution in the context of national law, through the setting up of national trusts capable of identifying safe solutions that would not be possible with traditional institutions (e.g. divorce settlement agreements, the safeguarding of children’s rights, distribution of assets after a death and other subjects of major importance).

In the context of corporate law, the trust enables the creation of company structures that are much more ‘resilient’ than those based merely on corporate agreements (e.g. shareholders’ agreements).

Furthermore, the trust also deals with matters geared to providing guarantees (e.g. loans secured by real estate), and allocating assets for liberal purposes.

Mediante il trust possono, inoltre, essere perseguite finalità di garanzia (es. prestito obbligazionario garantito da bene immobile), nonché lo scopo di destinare un patrimonio per il perseguimento di finalità liberali.

The lawyers of Arché Studio Legale regularly perform as arbitrators appointed by law courts or the parties involved in statutory or equitable arbitration procedures.

The lawyers of Arché Studio Legale have for a number of years been providing assistance and advice to leading national companies in the aeronautical and nautical sectors, both civil and military.

The Lawyers of Arché Studio Legale have been active in the insurance business for many years, taking care of the interests of major insurance brokerage firms, providing both advice and legal assistance.

The lawyers of Arché Studio Legale regularly handle matters relating to the protection of inventions, patents, industrial models and trademarks, as well as issues regarding copyright protection and the drawing up of contractual documents, both national and at European/EC level.