Treviso, Belluno, 13 May 2024. The Chamber of Commerce, pursuant to Articles 32, 34 et seq. Del T.U. approved with R.D. 2011 of 20/09/1934, is obliged to proceed to the periodical revision of the Commercial Practices and Customs (“Usi”) and to the compilation of the relative Provincial Collection.
Practices and Customs are sources of law to which reference is made when there is no specific legislative discipline or when they are expressly referred to. They originate from the general, uniform and constant repetition of behaviour observed in the belief that it complies with legally binding rules: with publication in the official Chamber of Commerce Collection they are presumed to exist until proven otherwise. The Collections include both normative and contractual Practices and Customs .
The reference of the local Practices and Customs remains the territory of the province, due to the different vocation linked to geography, tradition and activities exercised by the local communities, which made it necessary to start the revision procedure in the two territorial areas to which the previous Collections refer, i.e. the province of Belluno and the province of Treviso.
What are they used for?
The President of the Chamber of Commerce of Treviso – Belluno|Dolomites Mario Pozza answers: Practices and Customs are a consultation tool for citizens and entrepreneurs. They find application in contractual relations for those aspects not expressly defined by the parties, as well as, being a source of law, they are relevant in case of litigation for all economic operators and legal professionals. It is therefore good to know them in order to simplify certain situations that may occur in the events of one’s professional and personal life. I would like to thank our offices for the great work they have done because the procedure to revise the Practices and Customs is long and complex, as the revision operations started with the request for notifications of the Practices and Customs to all stakeholders in the respective territories such as, municipalities, university institutes, professional and trade associations, other public bodies, etc. With the hope that the new 2023 collection of local Practices and Customs will be a valid legal tool for regulating markets, business and reducing disputes and litigations, I renew the Chamber’s commitment to support the local economy and the development of the territories under its jurisdiction.
WHAT’S NEW IN THE NEW COLLECTIONS
The main new features of the 2023 collections are as follows:
– for the Treviso collection the introduction of a new section on pets, a topical subject, and the updating of hotel Practices, taking into account current legislation;
– for the Belluno collection the topics for revision were rustic land and mountain pasture on the one hand and building services on the other hand, areas where changes were noted concerning the consolidation of new Practices or the intervening desuetude.
THE PROCEDURE
With Council Resolution no. 23 of 22.02.2021 it was resolved to start work on the revision of the collection of both Treviso and Belluno.
By Council Resolution No. 5 of 12.01.2022, the two ‘Provincial Commissions for the Revision of Practices and Customs’ of Treviso and Belluno were established, each consisting of 16 members and chaired by retired magistrates appointed by the Court of Appeal of Venice, Dr Francesco Pedoja for the Treviso Commission and Dr Arturo Toppan for the Belluno Commission.
The Commissions subsequently resolved to set up 4 Technical Committees for Treviso, with 5 members each, and 2 committees for Belluno, with 3 members each. The members of the committees, highly qualified professionals, were appointed by Chamber Council no. 92 of 07/07/2022 on the recommendation of professional orders and colleges and by the Courts from the lists of OTCs.
The Committees carried out a thorough analysis of the text of the current collection, eliminating the parts that had become obsolete due to regulatory interventions or due to obsolescence and inserting the new customary rules that had been detected. The outlines of the new collections, dismissed by the committees, were then approved by the competent Provincial Commissions.
The Chamber of Commerce Council on 21/09/2023 with resolution no. 118 approved the outline of the collection of Practices and Customs of Treviso and with resolution no. 119 the outline of the collection of Practices and Customs of Belluno. At the same time, it was ordered that they be published and sent to the municipalities and to all the entities and offices indicated by the regulations, as well as disseminated through the usual information channels, so that the interested parties could examine them and possibly make proposals within the term of forty-five days.
The outline of the collection of Treviso was the subject of observations, which were submitted to the competent technical committee and then to the Provincial Commission, which deliberated on the merits and produced its own observations to the Chamber of Commerce Council.
On 18/12/2023, the Chamber Council therefore concluded the process of revising the Collected Practices and Customs with the approval of the final texts: with resolution no. 167 it dismissed the Provincial Collection of Local Practices and Customs, edition of the province of Treviso, year 2023, and with resolution no. 168 it dismissed the Provincial Collection of Local Practices and Customs edition of the province of Belluno, year 2023.
As required by law, the Collections – edition 2023 – have been published on the Chamber of Commerce website and are available for free consultation on the dedicated web page:
https://www.tb.camcom.gov.it/content/12632/Bisogni/Pubblicazi/UsiLocali.html
In addition, a limited edition of the volumes of the two collections has been printed for the Ministries, Courts, Bodies and Associations concerned, which are being shipped in these weeks.
