The use of the UNIDROIT Principles to interpret and supplement national law: an Italian perspective

The article explores one of the most interesting practical uses of the UNIDROIT Principles of International Commercial Contracts, i.e. their use as a means to interpret or supplement the otherwise applicable law, taking Italian law as an example.. The reference to the UPICC as a tool to interpret or integrate domestic law has steadily increased over the years and it now constitutes by far the most common role played by them in domestic judicial proceedings. The reference to the UPICC ranges from a mere "lip service" to an authoritative international non-binding text, to more reasoned motivations: support of a specific interpretation of domestic law provisions, or even veritable gap-filling where domestic law does not provide for an express solution. The Authors review older and more recent Italian case-law referring to the UPICC to ascertain the role played by them in relation to current developments in Italian contract law.