Practical guide

How to draft a claim for esecuzione specifica (specific performance) of the obligation to conclude a contract

3 min read · Updated September 2026 · Editorial oversight: Avv. Federico Papa

The action for esecuzione specifica (specific performance) is the primary remedy for a party facing a breached contratto preliminare (preliminary contract). This guide explains how to draft the atto di citazione (summons) to obtain a sentenza costitutiva (constitutive judgment) under Art. 2932 of the Italian Civil Code. By using edit.legal, professionals can automate the verification of requirements and the drafting of essential clauses.

In brief

The action under Art. 2932 c.c. allows a party to obtain a sentenza costitutiva (constitutive judgment) producing the same legal effects as the unexecuted contract. Drafting the atto di citazione (summons) requires proof of the contratto preliminare (preliminary contract), evidence of the counterparty's inadempimento (breach), and an offer to perform one's own obligations. Trascrizione della domanda (transcription of the claim) is vital in real estate transactions to ensure the judgment's priority over any third-party claims filed during the trial.

The steps

1.
Preliminary verification of the title
Before initiating the action, analyze the contratto preliminare (preliminary contract) to ensure it meets the formal requirements of Art. 1351 c.c., which mandates the same form as the final contract. For real estate, this requires a written deed. One must verify that the property is accurately identified and that all condizioni sospensive (conditions precedent) have been satisfied. Using edit.legal, the professional can scan the contract to identify ambiguities or missing clauses that could jeopardize the esecuzione specifica (specific performance).
2.
Formal notice and evidence of default
The plaintiff must prove the counterparty's refusal to conclude the final deed. This is typically achieved by sending a diffida ad adempiere (formal notice) via PEC (certified email) or registered mail, inviting the party to appear before a notary on a specific date. Documenting this invitation and the failure to appear are essential elements of the judicial claim. edit.legal provides digital tools to draft standardized notices that correctly reference contractual terms and the legal basis for the inadempimento (default).
3.
The offer of performance
According to Art. 2932, paragraph 2, of the Italian Civil Code, if the plaintiff's performance (e.g., payment of the price) is already due, they must offer it to obtain the judgment. While an offerta reale (formal tender) is often not required, a serious statement of intent within the atto di citazione (summons) is necessary. The lawyer must declare the client's readiness to perform and request that the transfer of ownership be conditioned upon the payment of the remaining balance, often documenting the financial capacity to fulfill the obligation.
4.
Drafting the summons and cadastral data
The atto di citazione (summons) must contain an analytical description of the property, including dati catastali (cadastral data) and boundaries, as the sentenza costitutiva (constitutive judgment) must be suitable for registration and must precisely identify the asset. It is vital to request that the court issue a judgment that produces the legal effects of the unexecuted contract. With edit.legal, the lawyer can automate technical descriptions and ensure compliance with Art. 163 c.p.c., minimizing the risk of nullity or issues during the subsequent registration phase.
5.
Transcription of the judicial claim
To protect the client against third parties acquiring the property during litigation, the claim must be transcribed in the Registri Immobiliari (Real Estate Registries) pursuant to Art. 2652, n. 2, c.c. The transcription ensures that the eventual judgment prevails over any transfer or encumbrance registered after the claim. This is a critical step: edit.legal assists in generating the nota di trascrizione (technical note) based on the claim's data, ensuring the continuità delle trascrizioni (continuity of the chain of titles) and the efficacia prenotativa (protective effect) of the judicial claim.

Legal basis: Art. 2932 c.c.Art. 1351 c.c.Art. 2652 c.c.Art. 163 c.p.c.Art. 1453 c.c.

Mistakes to avoid

Failure to include a formal offerta della prestazione (offer of performance) in the atto di citazione when the price is already due.
Omitting the trascrizione della domanda in the Registri Immobiliari.
Incomplete or incorrect description of dati catastali, making the judgment impossible to register.
Serving the atto di citazione to a party other than the original contractor without checking for contract assignments.

Frequently asked questions

Can I claim risarcimento del danno (damages) along with specific performance?

Yes, it is possible and common to combine the claim under Art. 2932 c.c. with a request for risarcimento del danno (damages) resulting from the delay or hidden defects in the property.

What happens if the property has an ipoteca (mortgage) not mentioned in the preliminary contract?

The plaintiff can request that the sentenza di trasferimento (transfer judgment) order the release of the ipoteca or a reduction in the sale price proportional to the secured debt.

Is the trascrizione della domanda (transcription of the claim) mandatory by law?

It is not a prerequisite for the claim's validity, but it is a fundamental onere (burden) to ensure the judgment's priority over third parties who acquire rights during the trial.

Editorial oversight: Avv. Federico Papa·ICAMUpdated 17 September 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction

What edit.legal automates

—Automated extraction of dati catastali from the contratto preliminare for the atto di citazione.
—Assisted drafting of the diffida ad adempiere and the formal price offer.
—Procedural compliance check against Art. 163 c.p.c. and Art. 2932 c.c. requirements.