Civil Law
Individuals and Family Law
In relation to which I have gained considerable experience in understanding the psychological aspects underlying the protection of these rights, with all the possible and different facets within the various issues that may arise and require an empathetic and understanding approach.
Specifically, when it comes to interpersonal relationships that break down and need to be settled (separations, divorces and civil unions), including from a legal standpoint, as well as when it comes to the protection of children’s rights and the sphere of immigrants’ rights, with particular attention to their integration, including legal integration, according to the laws of Italy.
Rights in rem regarding the legal nature of things and the regulation of property rights
The Firm deals with subjective rights (diritti soggettivi) that give the holder (client) immediate and absolute power over a thing. A right in rem is a right that has a thing (res) as its object. Particular dedication is placed on all rights in rem, which are: absoluteness, i.e., they can be enforced erga omnes, against everyone, and not only against the assignor; immediacy of the power over the thing, without the need for the cooperation of other parties such as, for example, in obligations; typicality, i.e., only those established by law are rights in rem (we speak of a limited number); patrimoniality, as the content may be economically evaluated.
Within the category of rights in rem, we take care of the so-called ius in re propria and ius in re aliena: the former type is represented by the property right (Art. 832 of the Italian Civil Code), while the latter are the rights in rem over another person’s property, or “limited” rights, which are exercised over things owned by another person, resulting in a reduction of the rights granted to the owner of the right.
We care about the protection of rights in rem over another person’s property, which are divided into rights of enjoyment (surface, emphyteusis, usufruct, use, habitation), not to be confused with personal rights of enjoyment, which always require the intervention of another party (e.g., leased property); and rights in rem for security purpose (diritti reali di garanzia), which constitute a legal lien on the property for the protection of a claim (pledge and mortgage).
We highlight the importance of rights in rem over another person’s property, which are characterized by specialty, the limitation of the content of the right, and the possibility of their extinction due to non-use for 20 years or confusion (which occurs when the holder of a right in rem over another person’s property becomes the owner of the property).
Law of Obligations
With respect to the protection of rights arising from the emergence of an obligation, which is that legal relationship by virtue of which a subject (the so-called “debtor”) is bound to perform an action (i.e., to keep an active behavior of “giving or doing” or a negative behavior of “not doing”) susceptible to economic evaluation (so-called “patrimoniality of the performance” indicated by Article 1174 of the Italian Civil Code) vis-Ă -vis another party (the so-called “creditor”), the Firm pays attention to ensure the rights arising therefrom in favor of the client for the consequences that may result from their violation.
In fact, the obligation is characterized as a legal relationship by virtue of which a subject (the so-called “debtor”) is bound to perform an action (i.e., to keep an active behavior of “giving or doing” or a negative behavior of “not doing”) susceptible to economic evaluation (so-called “patrimoniality of the performance” indicated by Article 1174 of the Italian Civil Code) vis-Ă -vis another subject (the so-called “creditor”).
Such violations give rise to two different hypotheses: contractual liability if the breaching behavior violates the obligation that arose from the contractual autonomy (autonomia negoziale) (Art. 1218 of Italian Civil Code) and, therefore, the regulation of interests governed by a typical and/or atypical contract (either in the sense of an absolute failure to perform the action due or for inexact performance or finally for late performance).
As an alternative to an extra-contractual liability (so-called “responsabilitĂ aquiliana”) whenever the liability of the debtor arises from behavior (whether negligent due to negligence, imprudence and malpractice or malicious for the case of behavior voluntarily assumed with conscious or even on a “strict” basis (responsabilitĂ oggettiva) according to Articles 2048 / 2054 of Italian Civil Code for facts committed by other persons or arising from things with which it has a specific relationship) that, violating the principle of neminem laedere, has caused “unjust damage”.
Inheritance Law
In this delicate matter, which is a source of countless disputes, often between relatives and in-laws, the Firm considers the peculiarity of the countless hypotheses of rights in the matter for which clients require protection, making use of the expertise, inter alia, of a Notary Public in Rome in line with the founding principles of the Firm (with extensive and acclaimed international experience) and with whom there has been a collaboration of over fifteen years, for the search for the best solutions to be proposed in the framework of the different cases under consideration.
In fact, in inheritance law, transmissible relationships are those that are not extinguished by the death of the person. Thus, in general, absolute property rights (ownership, other rights in rem and related actions) are transmissible, except for the very personal ones such as usufruct, use and habitation, which are extinguished with the death of their owner. Contracts and obligations are also transmitted, provided they are not based on the personal qualities of the party; likewise the relationships inherent in the business, of which the de cuius was the owner.
All non-patrimonial relationships, whether personal (personality rights) or family (marriage, parental authority) are extinguished upon the death of the owner.
