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Provisional enforcement of a claim before the first appearance hearing: the Bologna court’s approach

ABSTRACT: A Court of Bologna decree issued on September 21, 2023 made clear that, under certain circumstances, provisional enforcement can be granted even before the “first hearing” which the law provides for. In Italy, a creditor of a sum of money based on documentary evidence can obtain an expedited judgment (a so-called “injunction decree”), which...

The subject matter of the counterclaim for invalidity of the EU trade mark filed in an action for infringement

ABSTRACT: The Court of Justice of the European Union has clarified that where the counterclaim for invalidity of the EU trade mark filed by the defendant challenges the validity of the trade mark in relation to further goods and services than those covered by the claimant’s infringement claim, the EU trade mark court must rule...

Private (clients) eye: trusts and inheritance rights. The risk of a trust being ‘reduced’ to protect the settlor’s heirs

ABSTRACT: Succession planning through trans-national acts must keep an eye on possible infringements of the heirs’ rights according to their respective national law. In the Italian legal system, for example, a trust may affect the heirs’ reserved share giving rise to unexpected lawsuit.   The trust in the Italian legal system According to the Convention...

Agreement to defraud creditors: is it lawful?

ABSTRACT: According to the Italian Corte di Cassazione, in the absence of a general rule establishing the invalidity of an agreement to defraud third parties, an agreement detrimental to the rights or expectations of creditors is lawful and valid. Causa is an essential requirement of any agreement Article 1325 of the Italian Civil Code requires...

Descendants’ life insurance policy: when the right to the benefit meets the duty of collation

ABSTRACT: A life insurance policy could be an indirect donation made by the de cuius and, even if taken out for the benefit of the descendants’ heirs, could entail a duty of collation on the part of the insured party.   Life insurance policies in Italian law: ‘traditional’ and ‘financial’ policies In the Italian legal...

Title: Victim of credit card fraud? Asking for reimbursement according to the ABF.  

ABSTRACT: According to the Italian Banking and Financial Arbitrator (ABF), in cases of fraudulent use of a credit card, the claim for reimbursement of the unauthorized payment transactions should be made against the card-issuing bank.   In its recent decision No. 10118 of July 4, 2022, the Banking and Financial Arbitrator ruled on a dispute...

Unintended heir? The person called to the inheritance who is in possession of the heritable property may not renounce without making an inventory

ABSTRACT: According to the Italian Corte di Cassazione, a person called to the inheritance who is in possession of the hereditary assets may not renounce the inheritance if he has not drawn up an inventory within the period prescribed by law. The person “called to the inheritance” in the Italian legal system In the Italian...

Exequatur sur exequatur ne vaut. The circulation of a foreign exequatur order under review by the Court of Milan

Academics from Italy and abroad, along with some countries’ case law, have sometimes discussed the effects of an exequatur order (sometimes called recognition orders or merger judgments) outside its jurisdiction of origin. Particularly, it has been debated whether it can circulate and constitute a ground for legal enforcement in the same way as decisions on...

The reform of the Italian Code of Civil Procedure – A practical outline of the final phase of the civil first-instance proceedings after the so-called Cartabia Reform

The reform of the Italian Code of Civil Procedure – A practical outline of the final phase of the civil first-instance proceedings after the so-called Cartabia Reform (Legislative Decree Oct. 10, 2022, No. 149). First hearing (art. 183 c.p.c.): in case of failure of the attempt at conciliation, the Judge: if the requirements under Art....

Milan Chamber of Arbitration: the new 2023 Arbitration Rules enter into force

ABSTRACT: On 1st March 2023, the new Arbitration Rules of the Milan Chamber of Arbitration (“CAM”) entered into force. The new Arbitration Rules will apply to all the arbitration proceedings commenced as of 1st March 2023, regardless of the date on which the parties signed the underlying arbitration clauses. Following the entry into force of the new legislative...

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