The Italian scrittura teatrale: A peculiar case of unwritten terms integrating Contracts

Abstract

This essay analyses the constituent elements of the so-called scrittura teatrale. The scrittura teatrale (also called scrittura artistica) is a contract between an Opera singer and an Opera House with a particularly interesting distinctive feature: its terms are quite often determined by rules deriving from a centuries-old tradition which integrates the contract. After a general analysis of the contract, the study focuses on these rules, in particular on the so-called protesta clause and the resulting right of the Opera House to terminate the contract following an unsatisfactory performance of the artist. The essay ends with some modification proposals that could be useful to modernize the contract of scrittura teatrale, re-balancing the position of contractual asymmetry between the parties. © Springer International Publishing AG 2018.