Practical guide
How to draft a formal notice to perform (diffida ad adempiere) with AI
2 min read · Updated May 2026 · Editorial oversight: Avv. Federico Papa
The notice to perform (diffida ad adempiere, Art. 1454 Civil Code) is a written demand by which the performing party requires the defaulting party to render its performance within an adequate deadline, warning that upon its unheeded expiration the contract will be terminated by operation of law.
In brief
The notice to perform under Art. 1454 of the Italian Civil Code is a written demand requiring performance within an adequate deadline. This legal instrument applies when the breach is attributable and material pursuant to Art. 1455 Civil Code. The notice must specify the unperformed obligation and include an express warning regarding termination by operation of law. A minimum 15-day period is generally required. Service occurs via PEC or registered mail to prove receipt. AI-assisted drafting provides verified citations for legal compliance.
The steps
- 1.
Verify the breach
Confirm that the breach is attributable to the debtor and not of minor importance (Art. 1455 Civil Code): termination requires a material breakdown of the contractual equilibrium.
- 2.
Specify the performance due
Precisely describe the unperformed obligation with reference to specific contractual clauses: a generic notice may fail to produce the termination effect.
- 3.
Set an adequate deadline
The deadline cannot be less than 15 days, unless agreed otherwise or established by trade usage; courts assess adequacy in relation to the nature of the performance.
- 4.
Add the termination warning and serve the notice
Expressly state that, upon the unheeded expiration of the deadline, the contract will be terminated by operation of law under Art. 1454 Civil Code; send the notice via a method proving receipt (PEC or registered mail with return receipt).
Legal basis: art. 1454 c.c.art. 1455 c.c.art. 1453 c.c.
Related checklist: What to Check Before Sending a Notice to PerformWhat edit.legal automates
- —Drafts the notice with precise references to the clauses of the uploaded contract
- —Verifies the prerequisites (attributability, materiality, adequacy of the deadline) supported by Supreme Court case law citations
- —Generates a PEC-ready version in the editor with fillable variable fields
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