Archive - Pavia e Ansaldo

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

Civil Giada Russo Giovanni Gigliotti Silvia Bisceglia Successions and Generational ChangePrivate (clients) eye: trusts and inheritance rights. The risk of a trust being ‘reduced’ to protect the settlor’s heirs

13 September 2023by Giovanni Gigliotti, Giada Russo and Silvia Bisceglia

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...

Civil Procedure Giada Russo Giovanni Gigliotti Silvia BiscegliaAgreement to defraud creditors: is it lawful?

25 July 2023by Giada Russo, Giovanni Gigliotti and Silvia Bisceglia

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

Civil Giada Russo Giovanni Gigliotti Silvia BiscegliaDescendants’ life insurance policy: when the right to the benefit meets the duty of collation

17 July 2023by Giovanni Gigliotti, Giada Russo and Silvia Bisceglia

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.

Arbitration and ADR Banking and Financial Intermediation Mario Ciccone Vittoria ClavelloTitle: Victim of credit card fraud? Asking for reimbursement according to the ABF.

3 July 2023by Vittoria Clavello and Mario Ciccone

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

Civil Giada Russo Giovanni Gigliotti Silvia Bisceglia Successions and Generational ChangeUnintended heir? The person called to the inheritance who is in possession of the heritable property may not renounce without making an inventory

23 May 2023by Giovanni Gigliotti, Giada Russo and Silvia Bisceglia

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

Civil Procedure Niccolò D'AndreaExequatur sur exequatur ne vaut. The circulation of a foreign exequatur order under review by the Court of Milan

11 May 2023by Niccolò D`Andrea

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

Civil Civil Procedure Mario Ciccone Vittoria ClavelloThe 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

23 March 2023by Vittoria Clavello and Mario Ciccone

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....

Arbitration and ADR Civil Procedure Riccardo RobuschiMilan Chamber of Arbitration: the new 2023 Arbitration Rules enter into force

8 March 2023by Riccardo Robuschi

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...

The reform of the Italian Code of Civil Procedure – A practical outline of the preliminary stage at first court instance after the Cartabia Reform (Legislative Decree Oct. 10, 2022, No. 149)

Civil Civil Procedure Mario Ciccone Vittoria ClavelloThe reform of the Italian Code of Civil Procedure – A practical outline of the preliminary stage at first court instance after the Cartabia Reform (Legislative Decree Oct. 10, 2022, No. 149)

1 March 2023by Vittoria Clavello and Mario Ciccone

Appearing before the court (Art. 163bis c.p.c.): 120 days between the service of the summons and the first hearing; Constitution of the plaintiff (Art. 165 c.p.c.): the plaintiff must enter an appearance within 10 days of service of the summons; Constitution of the defendant (Art. 166 c.p.c.;): the defendant must enter an appearance within 70...

Inheritance disputes: the forum hereditatis is an exclusive special forum but derogable by agreement of the parties

Civil Civil Procedure Giada Russo Giovanni Gigliotti Silvia Bisceglia Successions and Generational ChangeInheritance disputes: the forum hereditatis is an exclusive special forum but derogable by agreement of the parties

24 February 2023by Giovanni Gigliotti, Silvia Bisceglia and Giada Russo

ABSTRACT: According to the Italian Corte di Cassazione, the exclusive forum established for inheritance proceedings can be waived by the parties. If the party does not timely raise the exception of lack of territorial jurisdiction of the court in an inheritance case, the judge may not declare its lack of jurisdiction. Territorial jurisdiction in inheritance...

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