Transcription

1 Summary of Contents PROVISIONS ON THE LAW IN GENERAL CHAPTER I SOURCES OF LAW CHAPTER II APPLICATION OF THE LAW IN GENERAL BOOK ONE PERSONS AND THE FAMILY CHAPTER I GENERAL PROVISIONS CHAPTER II ASSOCIATIONS AND FOUNDATIONS CHAPTER III NON-RECOGNIZED ASSOCIATIONS AND COMMITTEES CHAPTER I ABSENCE CHAPTER II DECLARATION OF PRESUMED DEATH CHAPTER III POSSIBLE RIGHTS PERTAINING TO PERSONS WHOSE EXISTENCE IS NOT KNOWN OR WHOSE DEATH HAS BEEN DECLARED CHAPTER I PROMISE OF MARRIAGE CHAPTER II MARRIAGE CELEBRATED BEFORE MINISTERS OF THE CATHOLIC RELIGION AND MARRIAGE CELEBRATED BEFORE MINISTERS OF OTHER RELIGIONS PERMITTED WITHIN THE STATE CHAPTER III MARRIAGE CELEBRATED BEFORE VITAL STATISTICS OFFICER CHAPTER IV RIGHTS AND DUTIES ARISING OUT OF MARRIAGE CHAPTER V DISSOLUTION OF MARRIAGE AND SEPARATION OF SPOUSES CHAPTER VI PATRIMONIAL SYSTEM IN THE FAMILY xv

2 CHAPTER I LEGITIMATE FILIATION CHAPTER II NATURAL FILIATION AND LEGITIMATION (43) CHAPTER I ADOPTION OF PERSONS OF AGE AND ITS EFFECTS (53) CHAPTER II FORMALITIES OF ADOPTION OF PERSONS OF AGE (6)(6) CHAPTER III SPECIAL ADOPTION (67) CHAPTER I GUARDIANSHIP OF MINORS CHAPTER II EMANCIPATION CHAPTER I OF THE SUPPORT ADMINISTRATION CHAPTER II OF THE INTERDICTION AND OF THE NATURAL INCAPACITY BOOK TWO SUCCESSION CHAPTER I OPENING OF SUCCESSION, DEVOLUTION, AND ACQUISITION OF INHERITANCE CHAPTER II CAPACITY TO SUCCEED CHAPTER III UNWORTHINESS CHAPTER IV REPRESENTATION CHAPTER V ACCEPTANCE OF INHERITANCE CHAPTER VI SEPARATION OF PROPERTY OF DECEASED FROM THAT OF HEIR CHAPTER VII RENUNCIATION OF INHERITANCE CHAPTER VIII UNCLAIMED INHERITANCE CHAPTER IX PETITION OF HEIRSHIP CHAPTER X FORCED HEIRS The Italian Civil Code xvi

3 Summary of Contents CHAPTER I SUCCESSION BY RELATIVES (4) CHAPTER II (7) SUCCESSION FROM SPOUSE CHAPTER III SUCCESSION BY STATE CHAPTER I GENERAL PROVISIONS CHAPTER II CAPACITY TO DISPOSE BY WILL CHAPTER III CAPACITY TO TAKE BY WILL CHAPTER IV FORM OF WILL CHAPTER V INSTITUTION OF HEIRS AND LEGACIES CHAPTER VI SUBSTITUTIONS CHAPTER VII TESTAMENTARY EXECUTORS CHAPTER I GENERAL PROVISIONS CHAPTER II COLLATION CHAPTER III PAYMENT OF DEBTS CHAPTER IV EFFECTS OF PARTITION AND GUARANTEE OF SHARES CHAPTER V ANNULMENT AND RESCISSION IN PARTITION MATTERS CHAPTER V-bis OF THE FAMILY PACT (7) CHAPTER I GENERAL PROVISIONS CHAPTER II CAPACITY TO DISPOSE AND RECEIVE BY GIFT CHAPTER III FORM AND EFFECTS OF GIFT CHAPTER IV REVOCATION OF GIFTS BOOK THREE PROPERTY RIGHTS CHAPTER I PROPERTY IN GENERAL xvii

4 CHAPTER II PROPERTY BELONGING TO THE STATE, TO PUBLIC BODIES AND TO ECCLESIASTICAL INSTITUTIONS CHAPTER I GENERAL PROVISIONS CHAPTER II OWNERSHIP OF LAND CHAPTER III MODES OF ACQUISITION OF OWNERSHIP CHAPTER IV ACTIONS FOR PROTECTION OF OWNERSHIP CHAPTER I USUFRUCT CHAPTER II USE AND HABITATION CHAPTER I GENERAL PROVISIONS CHAPTER II COMPULSORY SERVITUDES CHAPTER III VOLUNTARY SERVITUDES CHAPTER IV SERVITUDES ACQUIRED BY USUCAPTION AND BY DESTINATION BY HEAD OF FAMILY CHAPTER V EXERCISE OF SERVITUDES CHAPTER VI EXTINGUISHMENT OF SERVITUDES CHAPTER VII ACTIONS FOR PROTECTION OF SERVITUDES CHAPTER VIII CERTAIN SERVITUDES RELATIVE TO WATER CHAPTER I COMMON OWNERSHIP IN GENERAL CHAPTER II CONDOMINIUM IN BUILDINGS CHAPTER I GENERAL PROVISIONS CHAPTER II EFFECTS OF POSSESSION The Italian Civil Code xviii

5 Summary of Contents CHAPTER III ACTIONS FOR DEFENCE OF POSSESSION BOOK FOUR OBLIGATIONS CHAPTER I PRELIMINARY PROVISIONS CHAPTER II PERFORMANCE OF OBLIGATIONS CHAPTER III NON-PERFORMANCE OF OBLIGATIONS CHAPTER IV OTHER WAYS, BESIDES PERFORMANCE, OF EXTINGUISHING OBLIGATIONS CHAPTER V ASSIGNMENT OF CLAIMS CHAPTER VI DELEGATION, EXPROMISSION, AND ASSUMPTION OF DEBT CHAPTER VII CERTAIN TYPES OF OBLIGATION CHAPTER I PRELIMINARY PROVISIONS CHAPTER II REQUISITES OF CONTRACT CHAPTER III CONTRACT CONDITIONS CHAPTER IV INTERPRETATION OF CONTRACT CHAPTER V EFFECTS OF THE CONTRACT CHAPTER VI REPRESENTATION CHAPTER VII CONTRACTS FOR PERSONS TO BE NAMED CHAPTER VIII ASSIGNMENT OF CONTRACT CHAPTER IX CONTRACT IN FAVOR OF THIRD PERSONS CHAPTER X SIMULATION CHAPTER XI NULLITY OF CONTRACT CHAPTER XII VOIDABLE CONTRACTS xix

6 The Italian Civil Code CHAPTER XIII RESCISSION OF THE CONTRACT CHAPTER XIV DISSOLUTION OF CONTRACT CHAPTER XIV-bis CONSUMERS' CONTRACTS (5) CHAPTER I SALE CHAPTER II RIPORTO CHAPTER III EXCHANGE CHAPTER IV CONTRACT FOR SALE OR RETURN CHAPTER V SUPPLY CONTRACTS CHAPTER VI LEASE ( ) CHAPTER VII INDEPENDENT CONTRACT CHAPTER VIII CONTRACT OF CARRIAGE CHAPTER IX MANDATE CHAPTER X CONTRACT OF AGENCY CHAPTER XI BROKERAGE CHAPTER XII DEPOSIT CHAPTER XIII CONTRACTUAL SEQUESTRATION CHAPTER XIV COMODATO CHAPTER XV MUTUO CHAPTER XVI CURRENT ACCOUNT CHAPTER XVII BANKING CONTRACTS CHAPTER XVIII PERPETUAL ANNUITY CHAPTER XIX LIFE ANNUITY CHAPTER XX INSURANCE xx

7 Summary of Contents CHAPTER XXI GAMBLING AND WAGERING CHAPTER XXII SURETYSHIP CHAPTER XXIII MANDATE TO GRANT CREDIT CHAPTER XXIV ANTICHRESIS CHAPTER XXV COMPROMISE CHAPTER XXVI ASSIGNMENT FOR BENEFIT OF CREDITORS CHAPTER I GENERAL PROVISIONS CHAPTER II BEARER INSTRUMENTS CHAPTER III INSTRUMENTS TO ORDER CHAPTER IV INSTRUMENTS IN REGISTERED FORM BOOK FIVE LABOR CHAPTER I GENERAL PROVISIONS CHAPTER II CORPORATIVE ORDINANCES AND COLLECTIVE ECONOMIC AGREEMENTS () CHAPTER III COLLECTIVE LABOR AGREEMENTS AND EQUIVALENT CORPORATIVE NORMS CHAPTER I ENTERPRISE IN GENERAL CHAPTER II AGRICULTURAL ENTERPRISE CHAPTER III BUSINESS ENTERPRISES AND OTHER ENTERPRISES SUBJECT TO REGISTRATION CHAPTER I GENERAL PROVISIONS CHAPTER II INTELLECTUAL PROFESSIONS CHAPTER I GENERAL PROVISIONS CHAPTER II DOMESTIC LABOR xxi

8 The Italian Civil Code CHAPTER I GENERAL PROVISIONS CHAPTER II INFORMAL PARTNERSHIP CHAPTER III GENERAL PARTNERSHIP CHAPTER IV LIMITED PARTNERSHIP CHAPTER V ( ) JOINT STOCK COMPANIES CHAPTER VI ( ) LIMITED PARTNERSHIP BY SHARES CHAPTER VII ( ) LIMITED LIABILITY COMPANIES CHAPTER VIII ( ) DISSOLUTION AND LIQUIDATION OF LIMITED LIABILITY COMPANY CHAPTER IX ( ) DIRECTION AND COORDINATION OF THE COMPANY CHAPTER X ( ) REORGANIZATION AND CONSOLIDATION OR MERGER AND SPLIT-UP OF COMPANIES CHAPTER XI ( ) COMPANIES FORMED ABROAD CHAPTER I ( ) COOPERATIVE SOCIETIES CHAPTER II MUTUAL INSURANCE COMPANIES CHAPTER I GENERAL PROVISIONS CHAPTER II BUSINESS NAME CHAPTER III TRADEMARKS CHAPTER I COPYRIGHT IN INTELLECTUAL, LITERARY, AND ARTISTIC WORKS CHAPTER II (73) PATENT RIGHTS FOR INDUSTRIAL INVENTIONS CHAPTER III (96) PATENT RIGHTS FOR IMPROVEMENT PROCESSES AND FOR ORNAMENTAL MODELS AND DESIGNS xxii

9 Summary of Contents CHAPTER I REGULATION OF COMPETITION CHAPTER II SYNDICATES FOR COORDINATION OF PRODUCTION AND EXCHANGE CHAPTER I OF FALSITY CHAPTER II OF OFFENCES MADE BY DIRECTORS CHAPTER III OF OFFENCES MADE THROUGH OMISSIONS CHAPTER IV OF OTHER OFFENCES, OF MITIGATING FACTORS AND OF THE SECURITY ASSET MEASURES BOOK SIX PROTECTION OF RIGHTS CHAPTER I TRANSCRIPTION OF ACTS CONCERNING IMMOVABLES CHAPTER II PUBLICITY OF IMMOVABLE PROPERTY RECORDS AND LIABILITY OF THE KEEPERS CHAPTER III TRANSCRIPTIONS OF INSTRUMENTS CONCERNING CERTAIN MOVABLES CHAPTER I GENERAL PROVISIONS CHAPTER II DOCUMENTARY EVIDENCE CHAPTER III PROOF BY WITNESSES CHAPTER IV PRESUMPTIONS CHAPTER V CONFESSION CHAPTER VI JUDICIAL OATHS CHAPTER I GENERAL PROVISIONS CHAPTER II PRIVILEGES CHAPTER III PLEDGE CHAPTER IV MORTGAGES xxiii

10 CHAPTER V MEASURES TO PROTECT CREDITOR'S EXPECTATION OF RECOVERY FROM DEBTOR'S ASSETS CHAPTER I GENERAL PROVISIONS CHAPTER II ENFORCEMENT PROCEEDINGS CHAPTER I PRESCRIPTION CHAPTER II FORFEITURE CHAPTER I GENERAL PROVISIONS CHAPTER II DECLARATION OF ADOPTABILITY CHAPTER III PREADOPTIVE ENTRUSTMENT CHAPTER IV DECLARATION OF ADOPTION CHAPTER I ADOPTION OF FOREIGN MINORS CHAPTER II EXPATRIATION OF MINORS FOR PURPOSES OF ADOPTION CHAPTER I ADOPTION IN PARTICULAR CASES AND ITS EFFECTS CHAPTER II FORMS OF ADOPTION IN PARTICULAR CASES CHAPTER III CONSOLIDATED ACCOUNTS CHAPTER IV TRANSIENT AND FINAL PROVISIONS CHAPTER I ESTABLISHMENT OF THE AUTHORITY CHAPTER II POWERS OF THE AUTHORITY IN MATTERS OF UNDERSTANDINGS RESTRICTING FREEDOM OF COMPETITION AND OF ABUSES OF A DOMINANT POSITION CHAPTER III POWERS OF THE AUTHORITY WITH RESPECT TO THE PROHIBITION OF CONCENTRATION OPERATIONS CHAPTER IV SPECIAL PROVISIONS The Italian Civil Code xxiv

11 Summary of Contents CHAPTER I GENERAL PROVISIONS CHAPTER II CAPACITY AND RIGHTS OF INDIVIDUALS CHAPTER III LEGAL PERSONS CHAPTER IV FAMILY RELATIONSHIPS CHAPTER V ADOPTION CHAPTER VI PROTECTION OF INCAPABLE PERSONS AND SUPPORT OBLIGATIONS CHAPTER VII SUCCESSIONS CHAPTER VIII REAL RIGHTS CHAPTER IX GIFTS CHAPTER X CONTRACTUAL OBLIGATIONS CHAPTER XI NON-CONTRACTUAL OBLIGATIONS Index xxv

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13 Table of Contents PROVISIONS ON THE LAW IN GENERAL CHAPTER I SOURCES OF LAW Indication of sources. Statutes. 3 Regulations. 4 Limits of regulative authority. 5 Corporative norms. 6 Formation and e ect of corporative norms. 7 Limits of corporative authority. 8 Usage. 9 Collections of usage. CHAPTER II APPLICATION OF THE LAW IN GENERAL 0 Commencement of obligatory e ect of statutes and regulations. Temporal e ect of statutes. Interpretation of statutes. 3 Prohibition of analogic application of corporative norms. 4 Application of penal and exceptional statutes. 5 Abrogation of statutes. 6 Treatment of aliens. 7 3 (Repealed) () BOOK ONE PERSONS AND THE FAMILY TITLE I NATURAL PERSONS Legal capacity. Majority. Capacity to act. 3 (Repealed). () 4 Simultaneous death. 5 Acts of disposition of one's body. 6 Right to name. 7 Protection of right to name. 8 Protection of name for family reasons. 9 Protection of pseudonyms. 0 Abuse of another person's likeness. xxvii

14 The Italian Civil Code TITLE II LEGAL PERSONS CHAPTER I GENERAL PROVISIONS Public legal persons. (Repealed). (3) 3 Companies. CHAPTER II ASSOCIATIONS AND FOUNDATIONS 4 Founding act. 5 Revocation of founding act of foundation. 6 Founding act and by-laws. Amendments. 7 (Repealed). (4) 8 Liability of administrators. 9 Limitations on power of representation. 0 Convocation of meeting of association. Resolutions of meeting. Actions to enforce liability of administrators. 3 Annulment and suspension of resolutions. 4 Withdrawal and expulsion of members. 5 Control over administration of foundations. 6 Coordination of activities and consolidation of administration. 7 Extinguishment of legal person. 8 Modi cation of foundations. 9 Prohibition of new transactions. 30 Liquidation. 3 Transfer of assets. 3 Disposition of assets having special destination. 33 (Repealed). (6) 34 (Repealed). (6) 35 Penal provision. CHAPTER III NON-RECOGNIZED ASSOCIATIONS AND COMMITTEES 36 Organization and management of non-recognized associations. 37 Common assets. 38 Obligations. 39 Committees. 40 Liability of organizers. 4 Liability of members. Representation in court. 4 Di erent destination of funds. TITLE III DOMICILE AND RESIDENCE 43 Domicile and residence. 44 Change of residence and domicile. 45 Domicile of spouses, minors and interdicted persons. xxviii

15 Table of Contents 46 Legal address of legal persons. 47 Election of domicile. TITLE IV ABSENCE AND DECLARATION OF PRESUMED DEATH CHAPTER I ABSENCE 48 Curator of missing person. 49 Declaration of absence. 50 Admission to provisional possession of property. 5 Maintenance allowance in favor of spouse of absentee. 5 E ects of admission to provisional possession. 53 Enjoyment of property. 54 Limitation on disposability of property. 55 Admission of others to provisional possession. 56 Return of absentee or proof of his existence. 57 Proof of death of absentee. CHAPTER II DECLARATION OF PRESUMED DEATH 58 Declaration of presumed death of absentee. 59 Time-limit for renewal of request. 60 Other cases of declaration of presumed death. 6 Date of presumed death. 6 Conditions and forms of declaration of presumed death. 63 E ects of declaration of presumed death of absentee. 64 Admission to possession and inventory. 65 Remarriage of spouse. 66 Proof of existence of person whose presumed death has been declared. 67 Declaration of existence or ascertainment of death. 68 Nullity of subsequent marriage. CHAPTER III POSSIBLE RIGHTS PERTAINING TO PERSONS WHOSE EXISTENCE IS NOT KNOWN OR WHOSE DEATH HAS BEEN DECLARED 69 Rights pertaining to person whose existence is not known. 70 Inheritance to which person whose existence is not known would be entitled. 7 Extinguishment of rights pertaining to person whose existence is not known. 7 Inheritance to which person whose presumed death has been declared would be entitled. 73 Extinguishment of rights pertaining to person whose presumed death has been declared. xxix

16 TITLE V CONSANGUINITY AND AFFINITY 74 Consanguinity. 75 Lines of consanguinity. 76 Computation of degrees. 77 Limitations on consanguinity. 78 A nity. TITLE VI MARRIAGE CHAPTER I PROMISE OF MARRIAGE 79 E ects. 80 Restitution of gifts. 8 Compensation for damages. The Italian Civil Code CHAPTER II MARRIAGE CELEBRATED BEFORE MINISTERS OF THE CATHOLIC RELIGION AND MARRIAGE CELEBRATED BEFORE MINISTERS OF OTHER RELIGIONS PERMITTED WITHIN THE STATE 8 Marriage celebrated before ministers of the Catholic religion. 83 Marriage celebrated before ministers of other religions permitted within the State. CHAPTER III MARRIAGE CELEBRATED BEFORE VITAL STATISTICS OFFICER Section I Conditions Necessary to Contract Marriage 84 Age. 85 Interdiction because of mental in rmity. 86 Freedom from previous marriages. 87 Consanguinity, adoption and a liation. 88 Crime. 89 Temporary prohibition of new marriage. 90 Assistance to minors. 9 (Repealed). 9 (Repealed). Section II Preliminary Formalities of Marriage 93 Publication. 94 Place of publication. 95 (Repealed). (9) 96 Applicability for publication. 97 (Repealed). (9) 98 Denial of the publication. 99 Time limit for celebration of marriage. 00 Reduction of period and omission of publication. 0 Marriage in imminent danger of death. xxx

17 Table of Contents Section III Opposition to Marriage 0 Persons entitled to oppose. 03 Statement of opposition. 04 E ects of opposition. 05 (Repealed). Section IV Celebration of Marriage 06 Place of celebration. 07 Form of the celebration. 08 Prohibition of terms and conditions. 09 Celebration in di erent commune. 0 Celebration outside town hall. Celebration by proxy. Refusal to celebrate marriage. 3 Marriages celebrated before person having apparent authority of vital statistics o cer. 4 (Repealed). Section V Marriages of Italian Nationals in a Foreign Country and Aliens in the State 5 Marriages of Italian nationals in foreign countries. 6 Marriage of an alien in the State. Section VI Nullity of Marriage 7 Marriage contracted in violation of Articles 84, 86, 87 and (Repealed). (6) 9 Interdiction. 0 Incapability of understanding or intending. (Repealed). (6) Duress and mistake. 3 Simulation. 4 Bond of previous marriage. 5 Action by the public prosecutor. 6 Separation of spouses pending judgment. 7 Non-inheritability of action. 8 Putative marriage. 9 Rights of spouses in good faith. 9-bis Responsibility of the spouses in bad faith and of a third person. Section VII Proof of Celebration of Marriage 30 Record of celebration of marriage. 3 Claim of marital status. 3 Lack of record of celebration. 33 Proof of celebration contained in penal judgment. Section VIII Penal Provisions 34 Omission of publication. 35 Publication without application or without documents. 36 Impediments known to vital statistics o cer. 37 Lack of competence of vital statistics o cer. Absence of witnesses. xxxi

18 38 Other infractions. 39 Causes of nullity known to one spouse. 40 Non-observance of a period of mourning by widow. 4 Competence. 4 Limits of applicability of the preceding provisions. CHAPTER IV RIGHTS AND DUTIES ARISING OUT OF MARRIAGE 43 Mutual rights and duties of spouses. 43-bis Surname of wife. 43-ter (Repealed). () 44 Pattern of family life and residence of family. 45 Intervention of the court. 46 Leaving the family residence. 47 Duties to the children. 48 Sharing in burdens. CHAPTER V DISSOLUTION OF MARRIAGE AND SEPARATION OF SPOUSES 49 Dissolution of marriage. 50 Personal separation. 5 Judicial separation. 5 (Repealed). (3) 53 (Repealed). (3) 54 Reconciliation. 55 Provisions regarding children. 55-bis Custody of one parent only and the challenging of joint custody. 55-ter Changes to the terms of custody of children. 55-quarter Attribution of the family house and requirements of domicile. 55-quinquies Decisions in favor of children of major age. 55-sexies Powers of the judge and hearing of the minor. 56 E ects of separation on patrimonial relations between the spouses. 56-bis Surname of wife. 57 Termination of e ects of separation. 58 Consensual separation. CHAPTER VI PATRIMONIAL SYSTEM IN THE FAMILY Section I General Provisions 59 Legal patrimonial system between the spouses. 60 Inderogable rights. 6 Generic reference to laws or usage. The Italian Civil Code xxxii

19 Table of Contents 6 Form of marriage agreements. 63 Amendments to marriage agreements. 64 Simulation of marriage agreements. 65 Capacity of minors. 66 Capacity of disabled persons. 66-bis Prohibition of constitution of dowry. Section II Patrimonial Fund (30) 67 Constitution of patrimonial fund. 68 Use and administration of the fund. 69 Alienation of property in the fund. 70 Execution on property and fruits. 7 Termination of fund. 7 (Repealed). (3) 73 (Repealed). (3) 74 (Repealed). (3) 75 (Repealed). (3) 76 (Repealed). (3) Section III Common Ownership of Property by Law (3) 77 Property included in common ownership. 78 Property destined for the operation of an enterprise. 79 Individual property. 80 Administration of property in common ownership. 8 Refusal of consent. 8 Administration entrusted to one of the spouses only. 83 Exclusion from administration. 84 Acts performed without the necessary consent. 85 Administration of the individual property of the spouse. 86 Obligations a ecting property in common ownership. 87 Obligations contracted by the spouses before marriage. 88 Obligations deriving from gifts or successions. 89 Obligations contracted separately by the spouses. 90 Subordinate liability of individual property. 9 Dissolution of common ownership. 9 Reimbursements and repayments. 93 Judicial separation of property. 94 Division of property in common ownership. 95 Taking of movable property. 96 Reclamation of value in case of lack of the things to be taken. 97 Limitations to the taking vis-à-vis third persons (Repealed). (33) Section IV Common Ownership of Property by Agreement (34) 0 Modi cations by agreement to common ownership of property by law. Obligations of the spouses contracted before marriage. xxxiii

20 .-4 (Repealed). (35) Section V System of Separation of Property (36) 5 Separation of property. 6 (Repealed). (36) 7 Administration and enjoyment of property. 8 Obligations of the spouse who enjoys the property of the other spouse. 9 Proof of ownership of property (Repealed). (37) Section VI (38) Family Enterprise 30-bis Family enterprise. TITLE VII FILIATION CHAPTER I LEGITIMATE FILIATION Section I Status of Legitimate Child 3 Paternity of husband. 3 Presumption of conception during marriage. 33 Child born before lapse of one hundred and eighty days. 34 Child born after three hundred days. 35 Disclaimer of paternity. Section II Proof of Legitimate Filiation 36 Record of birth and possession of status. 37 Facts constituting possession of status. 38 Record of birth in conformity with possession of status. 39 Simulated report of childbirth or substitution of newly-born child. 40 Lack of record of marriage. 4 Proof by witnesses. 4 Prima facie written evidence. 43 Proof to the contrary. Section III Action to Disown and Actions to Contest and to Claim Legitimacy 44 Time limit for action to disclaim paternity. 45 Suspension of term. 46 Transmissibility of action. 47 Defendants. 48 Eligibility to bring action to contest legitimacy. No prescription. 49 Claim of legitimacy. CHAPTER II NATURAL FILIATION AND LEGITIMATION (43) The Italian Civil Code xxxiv

21 Table of Contents Section I Natural Filiation (44) ACKNOWLEDGMENT OF NATURAL CHILDREN 50 Acknowledgment. 5 Acknowledgment of incestuous children. 5 Custody of natural child and his insertion in the legitimate family. 53 Inadmissibility of acknowledgment. 54 Form of acknowledgment. 55 Acknowledgment of predeceased child. 56 Irrevocability of acknowledgment. 57 Limiting clauses. 58 E ects of acknowledgment. 59 (Repealed). (47) 60 (Repealed). (47) 6 Rights and duties deriving to the parent from acknowledgment. 6 Surname of child. 63 Acknowledgment challenged on grounds of lack of veracity. 64 Acknowledgment challenged by person who has been acknowledged. 65 Acknowledgment challenged on grounds of duress. 66 Acknowledgment challenged on grounds of judicial interdiction. 67 Transmissibility of action. 68 Provisions pending judicial proceedings. JUDICIAL DECLARATION OF NATURAL PATERNITY AND OF NATURAL MATERNITY 69 Judicial declaration of paternity and maternity. 70 Eligibility to bring action and time limit. 7 (Repealed). (49) 7 (Repealed). (49) 73 Action instituted on behalf of minor or interdicted person. 74 Admissibility of action. 75 (Repealed). (50) 76 Defendant. 77 E ects of judgment. 78 Investigations into paternity or maternity. 79 Responsibility for maintenance and education. Section II Legitimation of Natural Children 80 Legitimation. 8 Prohibition of legitimation. 8 Legitimation of predeceased children. 83 E ects and e ective date of legitimation by subsequent marriage. 84 Legitimation by provision of the judge. 85 Conditions for legitimation after death of parents. xxxv

22 86 Legitimation applied for by ascendant. 87 Legitimation on the basis of proxy for marriage. 88 Procedure. 89 Actions available after legitimation. 90 E ects and e ective date of legitimation by provision of the judge. TITLE VIII ADOPTION OF PERSONS OF AGE (5) CHAPTER I ADOPTION OF PERSONS OF AGE AND ITS EFFECTS (53) 9 Requirements. 9 (Repealed). (55) 93 Prohibition of adoption of children born outside of marriage. 94 Plurality of adopted or adopting persons. 95 Adoption by guardian. 96 Consent for adoption. 97 Assent of spouse and of parents. 98 E ective date of adoption. 99 Surname of adopted person. 300 Rights and duties of adopted person. 30 (Repealed). (59) 30 (Repealed). (59) 303 (Repealed). (59) 304 Rights of succession. 305 Revocation of adoption. 306 Revocation for unworthiness of adopted person. 307 Revocation for unworthiness of adopting person. 308 (Repealed). (59) 309 E ective date of revocation. 30 (Repealed). (59) CHAPTER II FORMALITIES OF ADOPTION OF PERSONS OF AGE (6)(6) 3 Manifestation of consent. 3 Veri cation by the tribunal. 33 Ruling of tribunal. 34 Publicity. CHAPTER III SPECIAL ADOPTION (67) TITLE IX PARENTAL AUTHORITY (68) 35 Duties of child to parents. 36 Exercise of parental authority. 37 Impediment of one of the parents. The Italian Civil Code xxxvi

23 Table of Contents 37-bis Exercise of authority. 38 Abandonment of parental home. 39 (Repealed). (70) 30 Representation and administration. 3 Appointment of a special curator. 3 Non-observance of preceding provisions. 33 Acts prohibited to parents. 34 Legal usufruct. 35 Duties inherent in legal usufruct. 36 Inalienability of legal usufruct. Levying of execution on fruits. 37 Legal usufruct of one parent only. 38 New marriage. 39 Enjoyment of property after cessation of legal usufruct. 330 Forfeiture of authority over children. 33 (Repealed). (7) 33 Restoration of authority. 333 Conduct of parent prejudicial to the children. 334 Removal from administration. 335 Reinstatement in administration. 336 Procedure. 337 Vigilance by guardianship judge. 338 (Repealed). (7) 339 (Repealed). (7) 340 (Repealed). (7) 34 (Repealed). (7) 34 (Repealed). (7) TITLE IX-BIS ORDERS OF PROTECTION AGAINST FAMILY ABUSES (73) 34-bis Orders of protection against family abuses. 34-ter Content of the orders of protection. TITLE X GUARDIANSHIP AND EMANCIPATION CHAPTER I GUARDIANSHIP OF MINORS 343 Opening of guardianship. Section I Guardianship Judge 344 Functions of guardianship judge. Section II Guardian and Deputy Guardian 345 Report to guardianship judge. 346 Appointment of guardian and deputy guardian. 347 Guardianship of brothers. 348 Choice of guardian. 349 Oath of guardian. 350 Incapacity for guardianship. xxxvii

24 The Italian Civil Code 35 Exemption from guardianship. 35 Exemption on request. 353 Request for exemption. 354 Guardianship entrusted to welfare institutions. 355 Deputy guardian. 356 Gift or testamentary provision in favor of minor. Section III Exercise of Guardianship 357 Functions of guardian. 358 Duties of minor. 359 (Repealed). (75) 360 Functions of deputy guardian. 36 Urgent provisions. 36 Inventory. 363 Preparation of inventory. 364 Contents of inventory. 365 Inventory of businesses. 366 Property administered by special curator. 367 Declaration of debts and claims of guardian. 368 Omission of declaration. 369 Deposit of securities and valuables. 370 Administration before inventory. 37 Provisions relating to rearing of minor and to administration. 37 Investment of capital. 373 Bearer securities. 374 Authorization of guardianship judge. 375 Authorization of tribunal. 376 Sale of property. 377 Acts performed without observing provisions of preceding articles. 378 Acts prohibited to guardian and deputy guardian. 379 Guardianship gratuitous. 380 Accounting of administration. 38 Bond. 38 Liability of guardian and deputy guardian. Section IV Discharge of Guardian from O ce 383 Exoneration from o ce. 384 Removal and suspension of guardian. Section V Rendering of Final Accounting 385 Final accounting. 386 Approval of accounting. 387 Prescription of actions relating to guardianship. 388 Prohibition of agreements before approval of accounting. 389 Register of guardianship. xxxviii

25 Table of Contents CHAPTER II EMANCIPATION 390 Emancipation by operation of law. 39 (Repealed). (76) 39 Curator of emancipated person. 393 Incapacity or removal of curator. 394 Capacity of emancipated person. 395 Consent refused by curator. 396 Non-observance of preceding provisions. 397 Emancipated person authorized to operate business enterprise. 398 (Repealed). (76) 399 (Repealed). (76) TITLE XI AFFILIATION AND CUSTODY (78) 400 Provisions governing the care of minors. 40 Limits of applicability of provisions. 40 Guardianship authority of welfare institutions. 403 Intervention of public authority in favor of minors. TITLE XII OF THE MEASURES FOR THE PROTECTION OF THE PARTIALLY OR (80) (80-bis) ENTIRELY DEPENDENT PERSONS CHAPTER I OF THE SUPPORT ADMINISTRATION 404 Support administration. 405 Decree of appointment of the support administrator. 406 Subjects. 407 Proceeding. 408 Identi cation of the support administrator. 409 E ects of the support administration. 40 Duties of the support administrator. 4 Rules applicable to the support administrator. 4 Actions adopted by the bene ciary or by the support administrator in breach of provisions of law or of the rulings of the guardianship judge. 43 Revocation of the support administrator. CHAPTER II OF THE INTERDICTION AND OF THE NATURAL INCAPACITY 44 Persons who may be interdicted. 45 Persons who can be declared disabled. 46 Interdiction and disability in last year before majority. 47 Petition for interdiction or for disability. 48 Powers of judicial authority. 49 Taking of evidence and provisional rulings. xxxix

26 40 (Repealed). (8) 4 E ective date of interdiction or disability. 4 Termination of provisional guardian or curator. 43 Publication. 44 Guardianship of interdict and curatorship of disabled person. 45 Operation of commercial enterprise by disabled person. 46 Duration in o ce. 47 Acts performed by interdict or disabled person. 48 Acts performed by persons incapable of understanding and intending. 49 Revocation of interdiction and of disability. 430 Publicity. 43 E ective date of judgment of revocation. 43 Disability in proceedings for revocation of interdiction. TITLE XIII SUPPORT 433 Persons bound. 434 Cessation of obligation among persons related by a nity. 435 (Repealed). (6) 436 Obligation between adopting and adopted person. 437 Obligation of donee. 438 Measure of support. 439 Measure of support between brothers and sisters. 440 Cessation, reduction, and increase of support. 44 Joint liability for support. 44 When more than one person has concurrent right to support. 443 Manner of furnishing support. 444 Compliance with obligation for support. 445 Running date of support. 446 Provisional allowance. 447 Inadmissibility of assignment or compensation. 448 Cessation because of death of person owing support. TITLE XIV VITAL STATISTICS RECORDS 449 Registers of vital statistics. 450 Publicity of registers of vital statistics. 45 Probative e ect of records. 45 Absence, destruction or loss of registers. 453 Notations. 454 (Repealed). (8) 455 Validity of judgment of correction. BOOK TWO SUCCESSION TITLE I GENERAL PROVISIONS ON SUCCESSION The Italian Civil Code xl

27 Table of Contents CHAPTER I OPENING OF SUCCESSION, DEVOLUTION, AND ACQUISITION OF INHERITANCE 456 Opening of succession. 457 Devolution of inheritance. 458 Prohibition of succession agreements. 459 Acquisition of inheritance. 460 Rights of person called before acceptance. 46 Reimbursement of expenses sustained by heir. CHAPTER II CAPACITY TO SUCCEED 46 Capacity of physical persons. CHAPTER III UNWORTHINESS 463 Cases of unworthiness. 464 Restitution of fruits. 465 Unworthiness of parent. 466 Rehabilitation of unworthy person. CHAPTER IV REPRESENTATION 467 Notion. 468 Subjects. 469 Extension of right of representation. CHAPTER V ACCEPTANCE OF INHERITANCE Section I General Provisions 470 Acceptance pure and simple and acceptance with bene t of inventory. 47 Inheritances devolving on minors or interdicted persons. 47 Inheritance devolving on emancipated minors or disabled persons. 473 Inheritance devolving on legal persons. 474 Methods of acceptance. 475 Express acceptance. 476 Tacit acceptance. 477 Donation, sale and assignment of rights of succession. 478 Renunciation that imports acceptance. 479 Transmission of right of acceptance. 480 Prescription. 48 Establishment of term for acceptance. 48 Impugnation for violence or fraud. 483 Impugnation for mistake. Section II Bene t of Inventory 484 Acceptance with bene t of inventory. 485 Person called to inheritance who is in possession of property. xli

28 486 Powers. 487 Person called to inheritance who is not in possession of property. 488 Declaration in case of term xed by court. 489 Persons lacking capacity. 490 E ects of bene t of inventory. 49 Responsibility of heir in administration. 49 Guarantee. 493 Alienation of inherited property without authorization. 494 Omissions and inaccuracies in inventory. 495 Payment of creditors and legatees. 496 Accounting. 497 Default in accounting. 498 Liquidation of inheritance in case of objection. 499 Procedure for liquidation. 500 Time limit of liquidation. 50 Protests. 50 Payment of creditors and legatees. 503 Liquidation at instance of heir. 504 Liquidation in the case of more than one heir. 505 Forfeiture of bene t of inventory. 506 Individual proceedings. 507 Release of property to creditors and legatees. 508 Appointment of curator. 509 Liquidation at instance of creditors or legatees. 50 Acceptance of inventory made by one of persons called. 5 Expenses. CHAPTER VI SEPARATION OF PROPERTY OF DECEASED FROM THAT OF HEIR 5 Object of separation. 53 Separation against legatees in kind. 54 Relations among separatist and non-separatist creditors. 55 Termination of separation. 56 Time for exercise of right to separation. 57 Separation with regard to movables. 58 Separation with regard to immovables. CHAPTER VII RENUNCIATION OF INHERITANCE 59 Declaration of renunciation. 50 Conditional, terminal or partial renunciation. 5 Retroactivity of renunciation. 5 Devolution in intestate succession. 53 Devolution in testamentary succession. 54 Attack on renunciation by creditors. 55 Revocation of renunciation. The Italian Civil Code xlii

29 Table of Contents 56 Attack for duress or fraud. 57 Taking of heritable property. CHAPTER VIII UNCLAIMED INHERITANCE 58 Appointment of curator. 59 Duties of curator. 530 Payment of hereditary debts. 53 Inventory, administration and accounting. 53 Termination of curatorship due to acceptance of inheritance. CHAPTER IX PETITION OF HEIRSHIP 533 Notion. 534 Rights of third persons. 535 Possessor of heritable property. CHAPTER X FORCED HEIRS Section I Rights Reserved to Forced Heirs 536 Forced heirs. 537 Reserve in favor of legitimate and natural children. 538 Reserve in favor of legitimate ascendants. 539 (Repealed) (6) 540 Reserve in favor of spouse. 54 (Repealed) (7) 54 Concurrence of spouse and children. 543 (Repealed) (8) 544 Concurrence of legitimate ascendants and spouse. 545 (Repealed) (9) 546 (Repealed) (9) 547 (Repealed) (9) 548 Reserve in favor of separated spouse. 549 Prohibition of burdens or conditions on share of forced heirs. 550 Disposition exceeding disposable share. 55 Legacy in place of forced share. 55 Gifts and legacies applied against forced share. Section II Reintegration of Share Reserved for Forced Heirs 553 Reduction of shares of successors by intestate succession concurrently with forced heirs. 554 Reduction of testamentary dispositions. 555 Reduction of gifts. 556 Determination of disposable portion. 557 Parties who can demand reduction. 558 Method of reducing testamentary dispositions. 559 Method of reducing gifts. 560 Reduction of legacy or gift of immovables. 56 Restitution of immovables. xliii

30 56 Insolvency of donee subject to reduction. 563 Action against successors in interest of donees subject to reduction. 564 Conditions for exercise of action of reduction. TITLE II INTESTATE SUCCESSION 565 Categories of persons who can succeed. CHAPTER I SUCCESSION BY RELATIVES (4) 566 Succession by legitimate and natural children. 567 Succession by legitimated and adopted children. 568 Succession by parents. 569 Succession by ascendants. 570 Succession by brothers and sisters. 57 Concurrence of parents or ascendants with brothers and sisters. 57 Succession by other relatives. 573 Succession by natural children. 574 (Repealed) (5) 575 (Repealed) (5) 576 (Repealed) (5) 577 (Repealed) (6) 578 Succession by parents to natural child. 579 Concurrence of spouse and parents. 580 Rights of unacknowledgeable natural children. CHAPTER II (7) SUCCESSION FROM SPOUSE 58 Concurrence of spouse with children. 58 Concurrence of spouse with legitimate ascendants, brothers and sisters. 583 Succession of the spouse alone. 584 Succession by putative spouse. 585 Succession by separated spouse. CHAPTER III SUCCESSION BY STATE 586 Acquisition of property by State. TITLE III TESTAMENTARY SUCCESSION The Italian Civil Code CHAPTER I GENERAL PROVISIONS 587 Will. 588 Dispositions by universal title and by particular title. 589 Joint or reciprocal will. 590 Con rmation and voluntary performance of void will. xliv

31 Table of Contents CHAPTER II CAPACITY TO DISPOSE BY WILL 59 Cases of incapacity. CHAPTER III CAPACITY TO TAKE BY WILL 59 (Repealed). (9) 593 (Repealed). (0) 594 Allowance to unacknowledgeable natural children. 595 (Repealed). () 596 Incapacity of guardian and deputy guardian. 597 Incapacity of notary, witnesses and interpreter. 598 Incapacity of one who wrote or received a secret will. 599 Interposed persons. 600 Unrecognized entities. CHAPTER IV FORM OF WILL Section I Ordinary Wills 60 Forms. 60 Holographic will. 603 Public will. 604 Secret will. 605 Formalities of secret will. 606 Nullity of will or defect in form. 607 Validity of secret will as holograph. 608 Withdrawal of secret or holographic will. Section II Special Wills 609 Contagious diseases, public calamity or disaster. 60 Term of e cacy. 6 Will on board ship. 6 Form. 63 Delivery. 64 Report of delivery. 65 Period of e cacy. 66 Will on board aircraft. 67 Wills of military and similar persons. 68 Circumstances and periods of e cacy. 69 Nullity. Section III Publication of Holographic and Secret Wills 60 Publication of holographic will. 6 Publication of secret will. 6 Communication of wills to the tribunal. 63 Communication to heirs and legatees. CHAPTER V INSTITUTION OF HEIRS AND LEGACIES xlv

32 The Italian Civil Code Section I General Provisions 64 Duress, fraud, mistake. 65 Mistaken designation of heir or legatee or of thing that is subject matter of provision. 66 Unlawful motive. 67 Fiduciary provision. 68 Provision in favor of uncertain person. 69 Provisions in favor of the soul. 630 Provisions in favor of the poor. 63 Provisions left to the arbitrary choice of third person. 63 Determination of legacy by arbitrary choice of another. Section II Provisions Subject to Conditions, Terms, and Burdens 633 Suspensive or resolutive conditions. 634 Impossible or illegal conditions. 635 Conditions of reciprocity. 636 Prohibition against marriage. 637 Term. 638 Condition not to do or give. 639 Security in case of resolutive condition. 640 Security in case of legacy subject to suspensive condition or term. 64 Administration in case of suspensive condition or failure to post security. 64 Persons entitled to administration. 643 Administration in case of unborn heir. 644 Duties and powers of administrator. 645 Suspensive potestative condition not subject to term. 646 Retroactivity of condition. 647 Burden. 648 Performance of burden. Section III Legacies 649 Acquisition of legacy. 650 Setting term for renunciation. 65 Legacy of property of person charged or of third person. 65 Legacy of thing belonging only in part to testator. 653 Legacy of generically described thing. 654 Legacy of thing not in patrimony. 655 Legacy of things to be taken from certain place. 656 Legacy of legatee's property. 657 Legacy of thing acquired by legatee. 658 Legacy of claim or release of indebtedness. 659 Legacy in favor of creditor. 660 Legacy of support. 66 Legacy to co-heir. 66 Burden of executing legacy. 663 Legacy imposed on only one heir. xlvi

33 Table of Contents 664 Execution of generic legacy. 665 Choice in alternative legacy. 666 Transmission of power to choose to heir. 667 Accessions to thing given. 668 Performance of legacy. 669 Fruits of thing given. 670 Legacy of periodic payments. 67 Legacies and burdens chargeable to legatee. 67 Expenses of performance of legacy. 673 Destruction of thing given. Impossibility of performance. Section IV Right of Accrual 674 Accrual among co-heirs. 675 Accrual among co-legatees. 676 E ects of accrual. 677 Absence of accrual. 678 Accrual in legacy of usufruct. Section V Revocation of Testamentary Provisions 679 Revocability of will. 680 Express revocation. 68 Revocation of revocation. 68 Subsequent will. 683 Ine ective subsequent will. 684 Destruction of holographic will. 685 E ect of withdrawal of secret will. 686 Transfer and transformation of thing given. 687 Revocation by intervention of children. CHAPTER VI SUBSTITUTIONS Section I Ordinary Substitution 688 Cases of ordinary substitution. 689 Plural substitution. Reciprocal substitution. 690 Obligations of substitutes. 69 Ordinary substitution in legacies. Section II Fiduciary Substitution 69 Fiduciary substitution. 693 Rights and obligations of instituted heir. 694 Alienation of property. 695 Rights of personal creditors of instituted heir. 696 Devolution on substituted heir. 697 Fiduciary substitution in legacies. 698 Successive usufruct. 699 Marital, charitable and similar bequests. xlvii

34 CHAPTER VII TESTAMENTARY EXECUTORS 700 Power of appointment and substitution. 70 Persons capable of being appointed. 70 Acceptance or rejection of appointment. 703 Functions of testamentary executor. 704 Representation in proceedings. 705 Sealing and inventory. 706 Division performed by testamentary executor. 707 Delivery of property to heir. 708 Disagreement among several testamentary executors. 709 Account. 70 Removal of testamentary executor. 7 Compensation. 7 Expenses. TITLE IV PARTITION The Italian Civil Code CHAPTER I GENERAL PROVISIONS 73 Power to request partition. 74 Separate enjoyment of part of property. 75 Cases of obstacle to partition. 76 (Repealed). (6) 77 Suspension of partition on order of court. 78 Partition of property in kind. 79 Sale of property for payment of debts of inheritance. 70 Indivisible immovables. 7 Sale of immovables. 7 Property indivisible in interest of national production. 73 Accounting. 74 Collation and imputation. 75 Withdrawals. 76 Valuation and formation of shares. 77 Rules for formation of portions. 78 Adjustment in money. 79 Assignment or attribution of portions. 730 Submission of operations to notary. 73 Subdivision among stirpes. 73 Right of preemption. 733 Rules stated for partition by testator. 734 Partition by testator. 735 Pretermitted heir and impairment of forced share. 736 Delivery of documents. xlviii

35 Table of Contents CHAPTER II COLLATION 737 Persons obligated to collation. 738 Limits of collation for a spouse. 739 Gifts to descendants or spouse of heir. Gifts to spouses. 740 Gifts made to ascendant of heir. 74 Collation of miscellaneous transfers. 74 Expenditures not subject to collation. 743 Partnership with heir. 744 Loss of thing given. 745 Fruits and interest. 746 Collation of immovables. 747 Collation by imputation. 748 Improvements, expenses and deterioration. 749 Improvements and deterioration in transferred immovable. 750 Collation of movables. 75 Collation of money. CHAPTER III PAYMENT OF DEBTS 75 Distribution of hereditary debts among heirs. 753 Immovables subject to redeemable annuities. 754 Payment of debts and reimbursement. 755 Part of mortgage debt not paid by one co-heir. 756 Exemption of legatee from payment of debts. CHAPTER IV EFFECTS OF PARTITION AND GUARANTEE OF SHARES 757 Right of heir to share. 758 Guarantee among co-heirs. 759 Eviction su ered by one co-heir. 760 Unenforceability of claims. CHAPTER V ANNULMENT AND RESCISSION IN PARTITION MATTERS 76 Annulment for duress or fraud. 76 Omission of hereditary property. 763 Rescission for lesion. 764 Acts other than partition. 765 Sale of hereditary right to co-heir. 766 Evaluation of property. 767 Power of co-heir to provide supplement. 768 Transfer of hereditary share. CHAPTER V-bis OF THE FAMILY PACT (7) 768-bis 768-ter Meaning. Form. xlix

36 The Italian Civil Code 768-quarter 768-quinquies 768-sexies 768-septies 768-octies Participation. Vices of the consent. Relationship with third parties. Termination. Disputes. TITLE V GIFTS CHAPTER I GENERAL PROVISIONS 769 De nition. 770 Remunerative gift. 77 Gift of future property. 77 Gift of periodic performance. 773 Gift to more than one donee. CHAPTER II CAPACITY TO DISPOSE AND RECEIVE BY GIFT 774 Capacity to give. 775 Gift made by person incapable of understanding or intending. 776 Gift by disabled person. 777 Gifts made by representatives of persons lacking capacity. 778 Mandate to give. 779 Gift in favor or guardian or deputy guardian. 780 (Repealed). (8) 78 (Repealed). (9) CHAPTER III FORM AND EFFECTS OF GIFT 78 Form of gift. 783 Gift of moderate value. 784 Gift in favor of unborn child. 785 Gift in contemplation of marriage. 786 (Repealed). (30) 787 Mistake in motive for gift. 788 Unlawful motive. 789 Non-performance or delay in execution. 790 Reservation of power of disposal of speci ed things. 79 Condition of reversibility. 79 E ects of reversibility. 793 Modal gift. 794 Illegal or impossible charge. 795 Prohibition of substitution. 796 Reservation of usufruct. 797 Guarantee against eviction. 798 Responsibility for defects in thing. 799 Con rmation and voluntary execution of void gift. l

37 Table of Contents CHAPTER IV REVOCATION OF GIFTS 800 Grounds for revocation. 80 Revocation for ingratitude. 80 Time limits of action and eligibility to sue. 803 Revocation because of supervening children. 804 Time limit of action. 805 Irrevocable gifts. 806 Inadmissibility of advance renunciation. 807 E ect of revocation. 808 E ects on third persons. 809 Rules for gifts applicable to other acts of liberality. BOOK THREE PROPERTY RIGHTS TITLE I PROPERTY CHAPTER I PROPERTY IN GENERAL 80 Notion. Section I Repealed () 8 (Repealed) () Section II Immovable and Movable Property 8 Distinction as to property. 83 Distinction as to rights. 84 Power resources. 85 Movable property inscribed in public registers. 86 Universality of movables. 87 Appurtenances. 88 Regime applicable to appurtenances. 89 Rights of third persons in appurtenances. Section III Fruits 80 Natural fruits and civil fruits. 8 Acquisition of fruits. CHAPTER II PROPERTY BELONGING TO THE STATE, TO PUBLIC BODIES AND TO ECCLESIASTICAL INSTITUTIONS 8 Public domain. 83 Legal status of public domain. 84 Property of provinces and communes subject to regime of public domain property. 85 Public domain rights in property of others. 86 Patrimony of State, provinces and communes. 87 Vacant immovable property. 88 Legal status of patrimonial property. 89 Transfer of property from domain to patrimony. li

38 830 Property of non-territorial public bodies. 83 Property of ecclesiastical institutions and religious buildings. TITLE II OWNERSHIP CHAPTER I GENERAL PROVISIONS 83 Content of right. 833 Emulative acts. 834 Expropriation in the public interest. 835 Requisitions. 836 Temporary limitations and duties. 837 Pools. 838 Expropriation of property a ecting national production or of predominant public interest. 839 Property of historic and artistic interest. CHAPTER II OWNERSHIP OF LAND Section I General Provisions 840 Subsoil and space above soil. 84 Enclosure of land. 84 Hunting and shing. 843 Access to the land. 844 Immission. 845 Particular rules for public interest purposes. Section II Reorganization of Rural Property 846 (Repealed). () 847 (Repealed). () 848 (Repealed). () 849 Lands included within larger land units. 850 Consortiums for the purpose of land consolidation. 85 Compulsory transfer. 85 Lands exempt from transfer. 853 Transfer of real rights. 854 Notice and transcription of plan of reorganization. 855 E ects of approval of plan of reorganization. 856 Competence of court. Section III Comprehensive Reclamation 857 Lands subject to reclamation. 858 Reclamation district and plan of works. 859 Works in competence of State. 860 Contribution of owners to cost. 86 Works in competence of private persons. 86 Reclamation consortiums. 863 Land improvement consortiums. 864 Consortial contributions. The Italian Civil Code lii

39 Table of Contents 865 Expropriation for non-compliance with obligations. Section IV Hydrogeological Restrictions and Flood Control 866 Restrictions for hydrogeological and other purposes. 867 Systematization and reforestation of restricted lands. 868 Protective regulation of water courses. Section V Ownership of Buildings 869 Regulatory plans. 870 Subdivisions. 87 Building and public ornament rules. 87 Violation of building rules. Section VI Distances Between Structures, Plantings and Excavations and Walls, Ditches and Hedges Interposed Between Lands 873 Distance between structures. 874 Compulsory joint ownership of boundary wall. 875 Compulsory joint ownership of wall that is not on boundary. 876 Anchoring in boundary wall. 877 Contiguous constructions. 878 Enclosure wall. 879 Buildings not subject to distance obligation or to compulsory joint ownership. 880 Presumption that dividing wall is common. 88 Presumption of sole ownership of dividing wall. 88 Repairs of common wall. 883 Demolition of building supported by common wall. 884 Support and insertion of beams and fastenings in common wall. 885 Increasing height of common wall. 886 Construction of enclosure wall. 887 Lands on di erent levels in inhabited areas. 888 Exemption from contribution to cost. 889 Distances for wells, cisterns, cesspools and pipes. 890 Distances for noxious or dangerous factories and storage facilities. 89 Distances for canals and ditches. 89 Distances for trees. 893 Trees near roads, canals and on the edge of woods. 894 Trees at illegal distance. 895 Prohibition against replanting trees at illegal distance. 896 Cutting of protruding branches and roots. 897 Common ditches. 898 Common hedges. 899 Common trees. Section VII Lights and Views 900 Kinds of windows. 90 Lights. 90 Openings lacking requisites prescribed for lights. liii

40 903 Lights in one's own or in common wall. 904 Right to close lights. 905 Distances for opening of direct views and balconies. 906 Distance for opening of lateral and oblique views. 907 Distances of structures from views. Section VIII Drainage of Water from Roofs 908 Drainage of rain water. Section IX Water 909 Right to water existing in land. 90 Use of water that borders or crosses land. 9 Opening new springs and other works. 9 Reconciliation of con icting interests. 93 Flow of water. 94 Consortiums for regulation of ow of water. 95 Repair of banks and levees. 96 Removal of obstructions. 97 Expenses of repair, construction or removal. 98 Voluntary consortiums. 99 Dissolution of the consortium. 90 Applicable rules. 9 Compulsory consortiums. The Italian Civil Code CHAPTER III MODES OF ACQUISITION OF OWNERSHIP 9 Modes of acquisition. Section I Occupation and Invention 93 Things susceptible to occupation. 94 Swarms of bees. 95 Domesticated animals. 96 Migration of pigeons, rabbits and sh. 97 Things found. 98 Publication of nding. 99 Acquisition of ownership in thing found. 930 Reward due nder. 93 Equivalence of possessor or detainer to owner. 93 Treasure. 933 Things ejected by sea and plants on shore. Section II Accession, Speci cation, Union and Commixtion 934 Works performed upon or under soil. 935 Works performed by owner of land with other's materials. 936 Works performed by third person with own materials. 937 Works done by third person with another's materials. 938 Occupation of portion of adjoining land. 939 Union and commixtion. 940 Speci cation. 94 Alluvion. liv

41 Table of Contents 94 Land abandoned by running water. 943 Lakes and ponds. 944 Avulsion. 945 Islands and accretions of land. 946 Abandoned river bed. 947 Changes in beds of streams due to control of their courses. CHAPTER IV ACTIONS FOR PROTECTION OF OWNERSHIP 948 Action of revendication. 949 Negatory action. 950 Action for settlement of boundaries. 95 Action for placing of boundary markers. TITLE III SUPERFICIE 95 Constitution of the right of super cie. 953 Constitution for a xed time. 954 Extinguishment of the right of super cie. 955 Structures under the soil. 956 Prohibition of separate ownership of plantings. TITLE IV EMPHYTEUSIS 957 Non-derogable provisions. 958 Duration. 959 Rights of the tenant. 960 Obligations of the tenant. 96 Payment of rent. 96 (Repealed) (4) 963 Total or partial destruction of land. 964 Taxes and other burdens. 965 Alienability of right of tenant. 966 (Repealed) (5) 967 Rights and obligations of tenant and grantor in case of alienation. 968 Sub-emphyteusis. 969 Acknowledgment. 970 Prescription of the right of the tenant. 97 Enfranchisement. 97 Reversion. 973 Express resolutive clause. 974 Rights of creditors of tenant. 975 Improvements and additions. 976 Leases made by tenant. 977 Emphyteuses constituted by legal persons. lv