Civil Archivi - 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...

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...

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...

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....

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...

Support administration: excluded if the beneficiary can rely on a family network to manage personal and property interests

Civil Giada Russo Giovanni Gigliotti Silvia BiscegliaSupport administration: excluded if the beneficiary can rely on a family network to manage personal and property interests

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

ABSTRACT: According to the Corte di Cassazione, support administration shall be excluded where the beneficiary can rely on the protection of a family network or on a system of proxies to manage property and personal interests. Support administration (‘amministrazione di sostegno’) In the Italian legal system, the support administration is a protective measure aimed...

Non-fulfilment of the fiduciario’s obligation to re-transfer the asset: validity of the transfer and remedies available

Civil Civil Procedure Giada Russo Giovanni Gigliotti Silvia BiscegliaNon-fulfilment of the fiduciario’s obligation to re-transfer the asset: validity of the transfer and remedies available

13 December 2022by Giovanni Gigliotti, Giada Russo and Silvia Bisceglia

Court of Turin, May 17, 2021. ABSTRACT: The trustee (‘fiduciario’) may transfer assets in violation of the fiduciary agreement and the instructions given by the trustor (‘fiduciante’), without affecting the validity of the transfer. Any failure to comply with the obligations assumed by the fiduciario entitles the fiduciante to obtain a judgment that produces the...

None of your business: the board of directors is not liable if it proves its due diligence in course of action. But what happens if the company is a bank?

Civil Commercial and Corporate Giada Russo Giovanni Gigliotti Silvia BiscegliaNone of your business: the board of directors is not liable if it proves its due diligence in course of action. But what happens if the company is a bank?

31 October 2022by Giovanni Gigliotti, Giada Russo and Silvia Bisceglia

ABSTRACT: The applicability of the business judgment rule and the “presumption of guilt” to directors of banking companies in the light of the judgment no. 5347/2022 of the Italian Corte di Cassazione The business judgment rule and its limitations According to the business judgment rule (‘BJR’), directors’ management choices are unquestionable by the court,...

Insurance policies, beneficiary’s privacy and heirs’ rights*

Civil Giada Russo Giovanni Gigliotti Silvia Bisceglia Successions and Generational ChangeInsurance policies, beneficiary’s privacy and heirs’ rights*

16 June 2022by Giovanni Gigliotti, Giada Russo and Silvia Bisceglia

ABSTRACT: The issue of the balance between the right to the privacy of the beneficiary and the right of access of the heir according to European Union Regulation No 2016/679 (the General Data Protection Regulation or GDPR) according to the Italian case law. Life insurance policies under Italian law Generally, through a life insurance...

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