EU Provisions
Tag Archive

By In EU Divorce Law, EU provisions, Italian Divorce Law, Italian law, Law

De Tullio Law Firm Reviews Italian and EU Divorce Law

Living in a cross-cultural relationship

Italian Divorce Law is one of the frequent questions our clients address to our law firm. Many of them and many friends and family members, in fact, are part of a cross-cultural relationship and for the most part it is an enriching and beautiful Divorce lawexperience but it can also difficult to manage.

When it comes to marriage and children it is wise to speak to experts, both for emotional support and legal support. Regrettably, international separations and divorces are becoming more common.

Obviously, people don’t enter in to married life thinking about where the best location for a divorce would be. However, where couples choose to divorce can have a major impact on both parties’ financial health, so getting it right is very important. Delays in deciding this could result in a disastrous outcome. (more…)

Read more

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…)

Read more

By In EU provisions, Inheritance, Inheritance Law, Law, Notaio, Notary

EU Succession Regulation: European Certificate of Succession

Brussels IV

Since August 2015, a major step to facilitate cross-border successions has been the adoption of new EU rules which make it easier for people to handle the legal aspects of an international succession. This major step is known as Brussels IV, Regulation (EU) No 650/2012.European Certificate of Succession Amongst other things, Brussels IV introduced a European Certificate of Succession (ECS). This document is issued by the relevant authority dealing with the succession and heirs, legatees, executors of Wills and administrators of the estate can use it to prove their status and exercise their rights or powers in other EU Member States. (more…)

Read more

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

Italy’s Constitutional Reform Referendum

On 4th December Italy goes to the polls: a constitutional referendum is going to give Italians the chance to choose whether to accept or reject the constitutional reform bill approved by Parliament and proposed by Matteo Renzi’s centre-left government. The constitutional reform is one of the most elaborate and ambitious reform bills ever to be put forward in Italy. The outcome, according to latest polls, is too close to call. Some of our readers have asked us what the referendum is all about, so in today’s blog post, we attempt to address the key issues and impacts.

What is Italy voting for?Ballot Form for Italy's Reform Referendum

Currently, Italian laws need to be approved by both houses of the Italian parliament: The Chamber of Deputies and the Senate of the Republic. This “bicameral” system pits the state against the regions, which frequently leads to delay or scuppering of new laws, and undermines the stability of the Italian government. (more…)

Read more

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

Possible effects of ‘Brexit’ on pensions for UK nationals living in Italy

BrexitIn his first words since accepting the result of the Brexit referendum on Friday, Mr Johnson wrote in 27th June’s edition of The Telegraph that, “EU citizens living in this country will have their rights fully protected, and the same goes for British citizens living in the EU”.

His column said: “The only change – and it will not come in any great rush – is that the UK will extricate itself from the EU’s extraordinary and opaque system of legislation: the vast and growing corpus of law enacted by a European Court of Justice from which there can be no appeal.” (more…)

Read more

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

UK property purchasers in Italy after Brexit

How would a Brexit vote affect UK property purchasers in Italy?

Several UK property purchasers have recently asked me about UK property purchasers in Italythe possibility of a Brexit putting an end to all that is good about buying property in Italy. De Tullio Law Firm provides legal advice to foreign purchasers looking to buy property in Italy.

UK nationals buying properties abroad have tended to favour Europe. The most popular markets are Spain, France, Portugal and Italy, as well as Greece, Cyprus and Malta.

There are very practical reasons that make European destinations attractive for UK buyers. There are no visa requirements for UK citizens to travel across the EU. Member state economies are fairly stable. Excellent health care and education systems are available and there is generally a strong grasp of the English language. (more…)

Read more

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

Cross-Border Inheritance Law (Brussel IV)

Cross-Border Inheritance Law. How Does New EU Succession Legislation Impact You?

This article looks at the new EU Law 650/2012, also known as the Brussels IV Regulation, which came in to effect on 17th August 2015.

Although the UK, Denmark and Ireland have opted out of participating in Brussels IV, there are still implications for nationals of these countries who reside in a participating EU Member State or have a connection to a participating EU Member State, for example a holiday home.

Cross-Border Inheritance LawPrior to the introduction of Brussels IV, each EU jurisdiction applied its own rules to govern the devolution of individuals’ property. For individuals with assets in more than one country, various Connecting Factors were considered such as domicile, residence, nationality or habitual residence, in order to determine which country laws should apply to an individual’s estate. In addition, for some EU states, applicable succession law depended upon whether the assets were immovable (property and land) or movable (bank accounts, vehicles, furniture, jewellery and so on). The fact that each jurisdiction applied different Connecting Factors often led to costly, lengthy and complex conflicts of laws. (more…)

Read more

By In EU provisions, Italian law, Law, Law Firms in Italy, Property law

Brexit Jitters?

brexitAbout 26,000 British nationals are registered in Italy, according to Italy’s National Institute of Statistics. The British embassy in Rome believes the true number of British residents in Italy is double that.

A significant fear for those concerned about Britain leaving the EU is the potential mass exodus of both Europeans and Britons from each other’s respective nations. In 2015, former Attorney General, Dominic Grieve claimed that: “… EU exit would make 2 million Britons abroad illegal immigrants overnight.” (more…)

Read more

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

Italian and EU International Divorces

International Divorces

an example picture

Italian and EU Divorce Law

Across much of the European Union, marriages between couples of different nationalities, are on the rise. In addition, the number of married couples living as expats in another EU country is increasing. Unfortunately, this means that international separations and divorces are becoming more common.

Obviously, people don’t enter into married life thinking about where the best location for a divorce would be; married couples are unlikely to be interested in thinking about this while they remain happy together, and couples may not be able to agree on the appropriate jurisdiction if they are about to be or are already separated. However, where couples choose to divorce can have a major impact on both parties’ financial health, so getting it right is crucial. (more…)

Read more