Consumption and Real Estate
Hello, I need help Italian Property / Real Estate Law.?
Basically, our great-grandfather has a property in Italy and I need the laws in respect of such property and rights to know it. If you need further information please demander.Réponse
Pinguino
But he’s yet? Anyway, of course, your role will depend on the transmission lines of the existence of another descendant of your grandfather (he other son or daughter, grandson, etc.?) And in your own grandmother or grandfather and the father or mother (which means , his descendant)? I see no reason, you should be cut off from the inheritance, if you consider this basic information.
It all depends if your great grandfather is still around or not, if his wife survived him and remarried, etc. There is a whole variety of factors involved. However, you should bear in mind these two things:
a) A father cannot disown a son, unless he loses his inheritance right for “indignity”, that means if he attempts to kill his parent(s), or makes a false will and/or destroys the real one, or uses violence and threats to intimidate one or both his parents in order to make them change their will in his favor, etc. (articles from 466 onwards on the Italian Civil Code).
b) In Italy “Usucaption” is recognized to anybody who occupies someone else’s abandoned property and treats it as his own (by paying taxes on it, having utilities connected in his name, etc.) for longer than 10 or 20 years (depending on the circumstances in which the occupant got access to the property). After that time the occupant could apply to the courts to be recognized as the rightful owner of the property, and be granted a legal title to it. The judge will usually contact the original owner (or his heirs), and in case none of them can be found or no opposition from them is received, the occupant can claim ownership to the property (articles from 1150 onwards of the Italian Civil Code).
Hope this answers your question…