In the scope of testamentary law, the testator's ability to freely and consciously express their will is essential. When it comes to elderly persons, it is necessary to consider certain specific aspects that the case law has outlined over time. As established by the Italian Court of Cassation with ruling no. 26873/2019, it is presumed [...]
Noting that the criterion of the child's national law cannot be applied, since the child is not found to be resident anywhere, the criterion set forth in Article 37 of Law 218/1995 must necessarily operate, which states, "in matters of filiation and personal relations between parents and children, Italian jurisdiction subsists, in addition to the [...]
According to statistics, the main causes of ski accidents are users' lack of knowledge of the rules of conduct for skiers, slope classification and signage, but there may also be slope operator’s liability. In this regard, the Italian Supreme Court in an order dated 05/19/2022 no. 16223 qualified the bargaining relationship between the user and [...]
In Judgment No. 17713 of 02.07. 2019 it is stated that the requirements for a foreign power of attorney to be used in Italy are: translation into Italian, legalization or Apostille (unless it is a power of attorney coming from a country with which different international agreements are in force), compliance with the formal requirements [...]
The Italian law number 91 of February 5, 1992 provides that any foreigner who has direct ancestry from an Italian is also an Italian citizen and consequently has the right to apply for Italian citizenship. There are some ways to make this request, like as the competent Italian consulate in the country of residence or [...]
The Italian Court of Cassation, with sentence no. 2149 of 3.11.2021 (filed on 19.01.2022), confirmed the conviction of a manufacturer of medical devices for the personal injuries that a clamp had caused to the patient shattering during a surgery. In this judgment, the Court clarified the various obligations of the manufacturer, specifying that "the devices [...]
On 3 December new rules came into force to promote respect for gender equality in the workplace and to reward the most virtuous companies. This is Law No. 162/2021, which amends the Code of Equal Opportunities (Legislative Decree 198/2006). Here are some of the most significant changes: - the mandatory writing of a periodic report [...]
An interesting judgment was recently issued by the Italian Court of Cassation, which established the conditions under which an employer can legitimately carry out technological checks on company assets used by employees. In particular, in this judgment no. 25732 of 09.22.2021, the Italian Court of Cassation notes that, on the one hand, there must be [...]
The issue in question concerned a condomino, who had been condemned to pay exclusively the damage caused by infiltrations from the flat roof of his exclusive property. This condomino complained that the Condominium was obliged to carry out the conservation and extraordinary maintenance activities of the condominium assets and, therefore, should have been condemned jointly [...]
The case examined concerned an Italian citizen who had sued the children of her deceased English husband, to obtain the verification of the revocation of the will drawn up in London. The plaintiff stated that the succession of the deceased had to be governed by English law, considering that the deceased was an English citizen [...]
