EU Regulations: Cross Border Matrimonial & Registered Partnership Property Rules

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De Tullio Law Firm at the YourOverseasHome event

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What is a Biotestamento (Living Will)?

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BiotestamentoThe Italian Chamber of Deputies has approved the text of a bill on the so-called biotestamento (Living Will). This bill will now be debated in the Senate. A Biotestamento has nothing to do with euthanasia.

Italian legislation on Biotestamento is divided into two parts: the first, more general part, deals with giving informed consent on medical treatments and on filling in DATs (disposizioni anticipate di trattamento, the Italian anticipated instructions for treatment), through which a person may indicate wishes in relation to the medical treatments he/she intends to be subjected to when he/she is no longer conscious due to an accident or to an illness. Read more

Review of EU and Italian Divorce Law

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Living in a cross-cultural relationshipItalian Divorce law

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 experience 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. Read more

Elective Residence Visa – What to do to obtain access to Italy

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Elective Residence VisaWhat is a national visa for elective residence?

The visa for elective residence grants access to Italy to foreigners wishing to reside in the country and who are able to subsidise themselves financially, without carrying out any working activity.

Article 13 of Attachment A of the inter-ministerial Decree MAE n°850 from 2011 defines the types of entrance visas and the requirements needed to obtain them.

What paperwork is necessary to obtain a visa for elective residence? Read more

The Law of Economic Relationship between Foreign Married Couples Resident in Italy

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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. Read more

EU Succession Regulation: European Certificate of Succession

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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 European Certificate of Successionthe legal aspects of an international succession. This major step is known as Brussels IV, Regulation (EU) No 650/2012. 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. Read more

The Italian Perspective – European Mortgage Credit Directive

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European Mortgage Credit DirectiveIn a previous post, I discussed the possibility of non-Italian nationals getting a mortgage to purchase an Italian property. This post provides a brief overview of some of the provisions contained in the European Mortgage Credit Directive (EMCD), which came in to force across all EU Member States in 2016, impacting the Italian mortgage and credit market. Read more

Italy Referendum

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Italy’s Referendum

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 Italy’s referendum is all about, so in today’s blog post, we attempt to address the key issues and impacts.

Italy ReferendumWhat is Italy voting for?

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. Read more