WWW.COMPARAZIONEDIRITTOCIVILE.IT ,mese anno 1 DIFFICULTIES IN ADAPTING THE GENERAL DISCIPLINE OF THE AGREEMENT TO THE PHENOMENON OF THE COMPLETION THROUGH AUTOMATISED SYSTEMS IN THE CIVIL LAW BEFORE AND AFTER THE CODIFICATION OF 1942. ENRICO DAMIANI SUMMARY: 1. Brief considerations about the concept of agreement. – 2. The execution of the contract through the use of automatic machine systems according to the Civil Code of 1865. – 3. Execution of the telematics contract. – 4. Results. 1. Article 1321 of the Italian civil code of 1942, as stated in Article 1098 of the Italian civil code of 1865, expressly defines both agreement and contract. According to this, a contract identifies the whole agreement, so that it constitutes a synecdoche 1 , which is a figure of speech in which the name of a part is used to stand for the whole (e.g., “sails” for “ships”). However, the term contract is presented in Article 1325 of the Italian Civil Code among the essential requirements of an agreement, albeit with it has a different meaning 2 since it defines a part of the “agreement” and it does not stand for the whole 3. The apparent contradiction is a consequence of the normative provisions under Article 1321 of the Italian Civil Code, which the authoritative doctrine 4 has defined as incomplete and vague. Article 1321 of the Italian Civil Code, together with Article 1098 of the Italian Civil Code of 1865, defines a contract as an agreement between two or more people in order to establish, regulate or terminate a patrimonial legal relationship existing among the parts. 1 MONATERI, P.G. La sineddoche: formule e regole nel diritto delle obbligazioni e dei contratti, Milano, 1984. 2 PERFETTI, U., La conclusione del contratto, in Il contratto in generale, II, Trattato di diritto civile e commerciale. Formerly drafted by Cicu-Messineo-Mengoni, and continued by P. Schlesinger, Milano, 2016, pp. 10 and 11. 3 CATAUDELLA A., I contratti, Parte generale, III ed., Torino, 2009, p. 25 et seq. 4 ALPA G., Il contratto in generale, I, Fonti, teorie, metodi, Civil and Commercial Law Essay. Formerly drafted by Cicu-Messineo-Mengoni, and continued by P. Schlesinger, Milano, 2014, p. 40.