Buying a home in Italy is an exciting project – whether it’s a holiday house, an investment property or your future residence.However, the Italian legal system has its own rules, documents and professionals, which are often very different from those in other countries. Understanding the main steps will help you avoid costly mistakes and protect...
The seller must guarantee the buyer that the property complies with applicable building codes. If the property has irregularities with respect to the building permit and the seller was aware that it was impossible to rectify them, this constitutes a breach of contract of no small importance, resulting in an obligation to compensate the buyer...
The majority of negotiations for a real estate purchase and sale of a more complex nature take place in three distinct negotiation stages. In the course of these stages, buyer and seller, arrive at the transfer of ownership following a gradual and progressive definition of agreements, through the exchange of legal acts of different content...
In negotiation acts aimed at real estate acquisitions, the confirmatory deposit and the penitential deposit play an important role as security instruments for the parties involved. It is crucial to understand the difference between these two forms of down payment. The security deposit The down payment consists of a sum of money that one party...
The provision of an essential time limit for performance, being placed in the interest of one or both parties to the contract, does not preclude the party concerned from waiving its use, albeit tacitly, even after the time limit has expired, thereby also waiving the declaration of contractual termination. Civil cassation sec. II, 22/07/2024, no.20052
Article 25(1) of Directive No. 17/2014/EU, concerning consumer credit agreements relating to residential real estate and amending Directives No. 48/2008/EC and no. 36/2013/EU and Regulation no. 1093/2010/EU, must be interpreted to mean that in the absence of any information provided by the creditor that would enable a national court to verify whether a fee charged...
Article 34 of the Law of July 27, 1978, No. 392 provides forcommercial goodwill compensation. This regulatory provision turns out to be a compensation to be paid by the landlord to the tenant of commercial premises under certain circumstances. Here are the main features of this allowance: It is due when the lease is terminated...
The court had entrusted the judgment of excluding the principal amount from the testamentary distribution, “for the rules of legal succession to be applicable,” to the statement that “it was more in keeping with the deceased’s wishes that the division of only the interest should take place according to the dictates set forth in the...
A mortgage entered in the real estate records is effective for twenty years from its date and ceases if it is not renewed before the expiration of the twenty-year period, this does not represent a term of duration of the registration, which can be renewed, but a case of supervening ineffectiveness whereby the mortgage retains...
