The “Digital Will” under Italian Law

The Italian Privacy Code, amended by the GDPR, now regulates the digital identity, i.e. the status of social profiles and online accounts after the death of the owner. Article 2-terdecies of the Code introduced the rights to the protection of personal data of deceased people, which may be enjoyed by third subjects having a special […]

The danger of claims of property

In the case of a preliminary contract for a property purchase, the promissory buyer may suspend payment of the price when he has reason to fear that the property may be claimed by third parties, unless the seller has provided for an appropriate guarantee. This principle is established by Article 1481 of the Italian Civil […]

Inheritance and non-divisible property

Under Italian Inheritance Law, Article 720 of the Civil Code provides that if there is a non-divisible property, as part of the estate, the Court may use the criterion of the preferential assignment to the holder of the greater quota of inheritance. This principle was recently confirmed by the Italian Supreme Court, which ruled on […]

Divorce of foreign citizens in Italy

If foreign spouses residing in Italy want to divorce, the Italian Court will rule, even if the marriage was celebrated abroad. This principle was recently stated by the Court of Monza (judgement no. 3001/2018), which recalled EU Regulation no. 1259/2010. In fact, according to this European Regulation, it is up to the Court where the […]

Life Insurance policy and inheritance

The life insurance policy is a contract in favour of a third beneficiary party, who acquires the right to receive a payment at the moment of the death of the policyholder. The identification of the third party may be made by the last Will, even in general terms. In this case, it should be noted […]