The Surname of the spouse after divorce

The Italian Civil Code, at Article 143-bis, rules that the wife adds her husband’s surname to her surname and keeps it during her widowhood, until she moves on to a new marriage. When the spouses separate, the wife continues to use her husband’s surname because the marriage relationship has not yet completely ceased. It may […]

Legitimate Defence Law: what’s new

The new Italian law on legitimate defence has been recently approved on 28.03.2019. The law widens the scope of legitimate defence and intensifies penalties for theft, robbery and trespassing. The reform amends Article 52 of the Italian Criminal Code, which rules legitimate defence. In particular, it is stated that the defence is always considered proportionate […]

Promise of Marriage under Italian Law

Under Italian Law, the promise of marriage is an act by which a person commits to another person to enter into marriage with him/her. This old institution of Italian Law is still regulated by the Italian Civil Code (Art. 79), which does not actually provide for any legal obligation to enter into marriage: marriage is […]

Heirs do not pay tax penalties

According to the Italian Supreme Court, the tax penalties resulting from the violation of tax rules are of an afflictive nature and, therefore, are not inherited by the heirs. In particular, the deceased owner of a plot of land did not consider it to be qualified as building land, despite the fact that it was […]

Fidelity and Separation Charge

Pursuant to Article 143 of the Italian Civil Code spouses have the duty of fidelity. Spouses are required not only to abstain from extramarital love affairs and sexual intercourses, but also not to betray mutual trust, intended, more generally, as loyalty and solidarity.  The violation of this duty could determine the impossible continuation of cohabitation […]