Property may be donated during the owner's lifetime.


According to substantive Italian law, every person can freely give property to third parties during his lifetime. The gift must be owned by a donor (i.e. the gift of future goods is null) and the donation must be made by a notary public act in the presence of two witnesses.  مواضيع نقاش




Heirs may legally restore the portion that has been reserved.


The deceased may freely disposal a portion of the property (available portion) only with a gift or a will since the forced heirs must inherit a portion (reserved portion). Unless the reserved part is complied with, the forced heirs have a specific legal action known as 'azione di riduzione' at their disposal that allows them to restore the reserved portion.






To determine whether or not a testator has damaged the rights of forced heirs by making donations in his/her life for the benefit of third parties, or certain forced heirs, the entity owned by the testator is to be calculated at the time of the estate's opening. The total value of the deceased's property, including the value donated over its lifetime, is calculated and any debt is withdrawn. The portion available to the tester legally is determined by these calculations. If the testamentary provisions or donations exceed the legally available part of the tester, each forced heir can request an abatement (starting from the last testamentary disposition or donation). Within ten years from the opening of the estate, the "azione di riduzione" must be filed. Anyone who during their lifetime has received donations or legacies from the dead regarding money or property is obliged to return those things to the forced heirs (the so called "collazione").




In Italian law, ownership rights are protected.


Italian law deals with registered property ownership and registered property ownership rights. There are other concepts of law, such as possession, which, under certain conditions, are also protected. The Italian legal system provides some tools to protect our rights which ensure the certainty of legal subjective situations by making facts and legal acts public. Book VI of the Italian Civil Code regulates registration, one of the most important means of advertising. Registration relates to the acts related to property ownership and moving registered goods, including the reproduction of the contents of those acts in special public consultation registers. The common element of registration is the reproduction of the constitutive, modifying, transferring and/or extinct effects of property.






Article 30 of Law No. 218/1995 provides that married couples with different nationalities are subject to the common citizenship law or the legislation of where their married life predominantly resides. A married couple may agree in writing that their property ownership is governed by the applicable law of the State of which one of them is a citizen and one of which is a resident.




Minors are entitled to inherit property.


If property, or a part of it, is inherited by a child or not-legally adult children or other persons, the inheritance must be managed by its parents. If both parents are dead or unable to exercise paternal power, the guardian is designated by the tutorial judge to take care of the minor's interests.

Comments

Popular posts from this blog

Five private islands in the spotlight for sale

Things you need to know in 2021 about Airbnb!

Overview of the market