INTERNATIONAL CONTRACTS: ARE THERE LIMITS TO THE PARTIES’ POWER OF CHOICE OF APPLICABLE LAW? (EU regulation Rome I, Nikiforidis, necessary application of rules, lois de police (rules of application)) 1) How do you identify the law applicable to an international contract? When there is a foreign element in the creation of a contract (i.e. one of the...
Read MoreCASELAW – ITALIAN CITIZENSHIP – MARRIAGE TO FOREIGN NATIONAL
RIGHT TO CLAIM FOR ITALIAN CITIZENSHIP BY DESCENT VIA FEMALE LINE, WHERE CLAIMANTS MOTHER HAD AUTOMATICALLY LOST HER CITIZENSHIP ON MARRIAGE TO FOREIGN NATIONAL Corte di Cassazione, judgment of 5 November 2015 n. 22608 FACTS: An Italian citizen married her Egyptian citizen husband in 1950 and settled in Egypt. She became an Egyptian citizen...
Read MoreCASELAW – ITALIAN CITIZENSHIP – DELAY IN DECISION BY CONSOLATO ITALIANO
DELAY BY CONSOLATO ITALIANO IN PROCESSING APPLICATION (AND RIGHT AS AN ALTERNATIVE TO APPLY TO THE COURTS IN ITALY EVEN THROUGH THE MALE LINE). Ordinanza del Tribunale di Roma 18 April 2018 FACTS: The Claimants were the grandchildren of an Italian citizen (BG) born in Italy in 1879, who had emigrated to Brazil, where he died without ever renouncing his...
Read MoreCASELAW – ITALIAN CITIZENSHIP – DE FACTO SEPARATION
Corte di Cassazione, judgment of 17 January 2017 n. 969 FACTS: A Tunisian national made an application for Italian citizenship on the basis of her marriage to an Italian national. Following submission of her application for Italian citizenship she had then separated from her spouse. This was however a personal/de facto separation and not a judicial...
Read MoreDisposizioni Anticipate di Trattamento – the right to choose
Disposizioni Anticipate di Trattamento – the right to choose Following considerable public interest and pressure, the Italian government has now approved the proposed Law on Living Wills. (See also article of 4 April 2017, “Living Wills in Italy- Il Testamento Biologico”, published by Jessica Zama). Law n.219 of 22 December 2017 is now in force,...
Read MoreCASELAW – ITALIAN CITIZENSHIP – LAWFUL RESIDENCE UP TO AGE 18
DEFINITION OF “LAWFUL RESIDENCE” Right to Italian citizenship at age 18 where born in Italy Cassazione Civile Sent. Sez. 1 Num. 12380 del 17 May 2017 FACTS The Claimant (a minor) was born in Italy on 5 June 1991 to immigrant parents from Former Yugoslavia. The Claimant’s father had a permesso di soggiorno valid until 1999. The Claimant’s...
Read MoreTake a moment to read our updated Privacy Policy
This challenging piece of legislation is going to set the standards for privacy law in the world for years to come, since revelations about the use of Facebook have shown very recently how data breaches and fraudulent use of data can even manipulate the modern political process. We take this new law very seriously and we have carefully reviewed how we as...
Read MoreItalian citizenship – the sad fate of Alfie Evans
The sad fate of 23 month old Italian citizen Alfie Evans who never managed to arrive in Italy. Alfie Evans was granted Italian citizenship on 24 April 2018 on the basis of Article 9(2) Act No. 91 of 5 February 1992, which states that: ‘By decree of the President of the Republic, having heard the Council of State and following a decision by the Council of...
Read More“British in Italy – Rights of British citizens in the EU post-Brexit”.
MEETING IN ROME NEXT WEEK WEDNESDAY 2ND MAY AT 2.30PM All Saints Church, Via del Babuino (St Thomas Room in the Crypt – access from Via Gesù and Maria) Speakers will be Gareth Horsfall, Charlotte Oliver and Alison Jamieson of British in Italy Please confirm you will definitely be attending with your full name and a contact cell no, either on Facebook...
Read MoreInternational succession dispute – Johnny Hallyday
Lawyers in France and the US are embroiled in the latest high profile international succession dispute, attempting to untangle the complex estate of Johnny Hallyday, the iconic French singer who died in December 2017 leaving four children and his wife Laeticia. We thought it would be interesting to look at the scenario, as it is similar to that which often...
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