No cohabitation required for residence permit renewal

Once married to an Italian citizen, the foreign citizen has the right to obtain a residence permit for family reasons, the renewal of which can be issued even if the couple no longer cohabits. The residence permit for family reasons allows to carry out any category of work and it allows access to social services, […]

Recognition of abroad surrogacy

According to a recent interpretation, the child’s right to the respect of private life, under Article 8 of the European Convention on Human Rights, requires the States to provide for the possibility of recognizing the relationship of parentage between a non-biological mother and a child born through surrogacy.  According to the interpretation of the European […]

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 […]