Law Firms in Italy
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By In EU Divorce Law, EU provisions, Inheritance, Inheritance Law, Italian Divorce Law, Italian law, Italian Property, Italian Real Estate, Law, Law Firms in Italy, Notaio, Notary, Property law, Real Estate Law

The Law of Economic Relationship between Foreign Married Couples Resident in Italy

Foreign Married Couples Resident in ItalyThis article deals with the issue of the choice of law ruling the economic relationship between foreign married couples resident in Italy.

Matrimonial regime in Italy, “Regime patrimoniale coniugale” in Italian, is governed by Italian Civil Code. Italian law no. 218 of the 1995 amendment reforming international private law, determines applicable law.

Concerning the economic relationship between married couples, if they have the same nationality, the national law of the two partners will be enforced. (more…)

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By In Inheritance, Inheritance Law, Italian law, Law, Law Firms in Italy, Notaio, Notary

Searching for Wills in Italy

Wills in ItalyMy clients often engage me when they need assistance with searching for Wills in Italy. As a matter of fact, it sometimes happens that I receive instructions to administer an estate where the executors and/or beneficiaries are unable to find a Will. They may have a copy but cannot find the original, or they may have been told that a Will was made, but they are unable to locate it amongst the deceased’s belongings.

Probate cannot be started until the original and latest Will is found. If no Will comes to light, the decedent may be declared intestate, in which case the State will decide how the estate is divided. (more…)

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By In Inheritance, Inheritance Law, Italian Divorce Law, Italian law, Italian Property, Italian Real Estate, Law, Law Firms in Italy, Notaio, Notary, Property law, Real Estate Law

Italian Attorney. Role and competences

The steps of an Italian Attorney’s legal careerItalian Attorney

The path to a legal career to become an Italian Attorney involves several years of study and internships.

Future lawyers first need to complete a Bachelor’s Degree in law, (Laurea in Scienze Giuridiche), which takes three years. To proceed along the path towards practising law, students require a two-year post-graduate degree (Laurea Specialistica in Giurisprudenza) or, a further five-year Master’s Degree (Laurea a ciclo unico Magistrale in Giurisprudenza). (more…)

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By In Inheritance, Inheritance Law, Italian Divorce Law, Italian law, Italian Property, Italian Real Estate, Law, Law Firms in Italy, Notaio, Notary, Off-Plan Property, Property law, Real Estate Law

Partition of The Estate: how does it work?

Partition of The EstatePartition of the estate

Should there be more than one heir nominated in a Will or in accordance with Italian law, a condition of joint-ownership of rights and duties concerning the inheritance is established among the co-heirs.

A testator’s estate is composed of assets and real rights: the co-heirs receive the estate in proportion to their inheritance quota, either as apportioned in the testator’s Will or in accordance with the law –  and, in the same proportion, they acquire any credits due and take on all the debts of the testator. (more…)

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By In Inheritance, Inheritance Law, Italian law, Italian Property, Law, Law Firms in Italy, Notaio, Notary, Property law

How and why drafting an Italian Will

Generally speaking, Italy recognises the validity of international Wills.Italian Will However, it is advisable for foreign nationals with assets in Italy to draft an Italian Will.

The main advantages to having an Italian Will are: (more…)

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By In Inheritance Law, Italian law, Italian Property, Law, Law Firms in Italy, Notaio, Notary

A deceased relative of mine owned Italian assets. How should I proceed?

Italian assetsWe received this question from a reader wondering how to proceed with Italian assets. We hope that you find our answer helpful. If you have any queries related to Italian property or inheritance law, please send your questions to us. We are here to help.

You may also find our Guide to Italian Inheritance a useful resource. (more…)

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By In Italian law, Italian Property, Italian Real Estate, Law, Law Firms in Italy, Notaio, Notary, Off-Plan Property, Property law, Real Estate Law

Legal action against real estate agents in Italy

Legal action against real estate agents in ItalyAccording to the Law 39/1989, realtors and real estate agents in Italy must be registered with their local Chamber of Commerce. If not registered, a real estate agent is liable to fines and other penalties and will not be entitled to agreed commissions.

This legislation also provides an important guarantee for the consumer, in that the law requires the agent to have adequate insurance cover in order to practise their profession. The scope of this professional insurance policy must provide the consumer with cover in the event of negligence on the part of the agent. (more…)

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By In Italian law, Italian Property, Italian Real Estate, Law, Law Firms in Italy, Off-Plan Property, Property law, Real Estate Law

Responsibility of The Contractor for Defects And/Or Variations in Construction Works

Responsibility of The Contractor for Defects And/Or Variations in Construction WorksThe best advice I can give you before entering into a contract with a construction or renovation company is to call your legal advisor to get a contract drafted between you and the company you have chosen to carry out the work. A professionally drafted contract is your best protection should any problems with the construction works arise.

Whether there are issues with defective material, poor execution of works, deviations from the agreed plan or a request for additional money, a professionally drafted contract in both English and Italian will prevent a lot of problems, reduce stress and often save you a considerable amount of money. (more…)

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By In Italian law, Italian Property, Italian Real Estate, Law, Law Firms in Italy, Notaio, Notary, Property law, Real Estate Law

Legal Translations in an Italian Real Estate Transaction

All binding legal documents relating to an Italian real estate transaction must be written in Italian, independent of the nationality of the parties.Legal Translations in an Italian Real Estate Transaction

Italian legal writing is highly technical, ritualistic and often archaic due to close links with Roman Law.

Ultimately it can appear obscure for people without a solid legal background in Italian law. On top of that, the profound differences between legal systems, more specifically between the English/American system based on Common Law and the Italian one based on Civil Law adds to the confusion. (more…)

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By In Italian law, Italian Property, Italian Real Estate, Law, Law Firms in Italy, Notaio, Notary, Off-Plan Property, Property law, Real Estate Law

Insurance Policy for Off-Plan Properties

According to article 4 of the legislative decree 122/2005 the construction company is obliged to deliver to the buyer, at the moment of the transfer ofinsurance policy ownership, an insurance policy as a guarantee for serious construction defects affecting the property. This insurance policy has a cover of 10 years.

A good piece of advice is to request that the Notary Public, who must be involved in the sale, make explicit reference to the insurance policy in the Deed of Sale. (more…)

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