What to do when your local consulate has no appointment dates available. But what if there is no booking receipt, like when the “Prenot@Mi” does not show any available dates? The case that was recently brought before the Court of Rome dealt with an individual of Italian descent who was not able to book an […]
Autore: Arturo Grasso
How Precedents in Italian Law Work
When considering the substantial differences that exist between the “case law” of a common law court decision or the “precedent” of an Italian court, it is instructive to examine how the differing courts function. A common law court relies on existing precedents for decisions, but may alter or diverge from precedents which are outdated or […]
Acceptance of Inheritance in Italy and the Ten-Year Rule
A notable case involving the acceptance of inheritance in the Italian legal system unfolded in 1998 when the will of a man who had died in 1983 was discovered 15 years later (Court of Cassation, II Civil Section, sentence of January 18, 2013 n. 264). The will named a sole heir who had been previously […]
Italian Public Notary vs. US Notary
An Italian public notary, or notaio, is a public officer who operates in every area of law and is empowered by the Italian State to draft or authenticate documents, agreements or contracts. Unlike a lawyer representing the interests of a client, a notary places neutrality and fidelity to the law above all. As officers vested […]
Property Claims, Restitution and Inheritance
A recent case involving an inheritance property claim in Italy transpired last year when two brothers sued for ownership of a wine cellar which was being occupied without a property title. Their argument was that the property was part of their inheritance and that they were being unlawfully denied an asset. – Tony Soprano’s Will: Italian […]
Collation of donations made by the deceased in their lifetime
Collation of donations made by the deceased in their lifetime In the course of dividing up an estate, a process of inheritance restructuring known as collation may be requested by one of the participants. Collation adjusts the inheritance of certain descendants (forced heirs) based on the benefits received from the deceased in his or her […]
Italy’s Constitutional Court
The Constitutional Court of the Italian Republic, or Consulta, is Italy’s highest court regarding matters of constitutional law. In keeping with the framers’ notion of a “rigid” constitution and a centralized system, the court was designed as an ad hoc organ for constitutional justice separate from the judiciary. The court resolves controversies on the constitutional […]