Inheritance and non-divisible property

Under Italian Inheritance Law, Article 720 of the Civil Code provides that if there is a non-divisible property, as part of the estate, the Court may use the criterion of the preferential assignment to the holder of the greater quota of inheritance. This principle was recently confirmed by the Italian Supreme Court, which ruled on […]

The danger of claims of property

In the case of a preliminary contract for a property purchase, the promissory buyer may suspend payment of the price when he has reason to fear that the property may be claimed by third parties, unless the seller has provided for an appropriate guarantee. This principle is established by Article 1481 of the Italian Civil […]

The “Digital Will” under Italian Law

The Italian Privacy Code, amended by the GDPR, now regulates the digital identity, i.e. the status of social profiles and online accounts after the death of the owner. Article 2-terdecies of the Code introduced the rights to the protection of personal data of deceased people, which may be enjoyed by third subjects having a special […]

Recognition of abroad surrogacy

According to a recent interpretation, the child’s right to the respect of private life, under Article 8 of the European Convention on Human Rights, requires the States to provide for the possibility of recognizing the relationship of parentage between a non-biological mother and a child born through surrogacy.  According to the interpretation of the European […]

To install phone spy software is a crime

Installing a spy software on someone else’s phone that allows interception of communications is a crime, even if the person under control is fully aware of it. It is, in fact, a violation of Article 617-bis of the Italian Criminal Code.  The Italian Supreme Court recently ruled (judgement no. 15071/2019) clarifying that the spy software […]