Here you will find the answers to the most frequently asked questions divided by topic. It should be noted that this is not a legal advice service. In this space, answers are given to questions of mere general interest

— Are the requests for consultations sent to the Firm free of charge?
Although the simple request does not in itself imply any obligation on the user, the answers to the legal questions are not free.

  RENTAL & CONDOMINIUM

—With the reform of the condominium, how important is the late payment of rental fees?
In the context of transparent accounting, to be made available to condominiums, privacy is lacking, towards defaulting condominiums. After the jurisprudential turn of 2008 on the non-solidarity between condominiums for the payment to third of the obligations assumed by the administrator, the reform of art 63 disp. att. (amended with art. 18 reform) which requires the administrator to make known and communicate, at the request of unsatisfied creditors, "the data of the condominium defaulters". And "creditors cannot take action against those in good standing with payments if after the enforcement of the other condominiums".

— How can the assembly be convened?
Among the changes that have been made, it should be noted how the notice of convocation can be sent, either by registered mail, or certified e-mail, or fax or hand delivery. Failing this, the condominium resolution can be canceled upon application by the dissenting or absent shareholders because they are not ritually summoned (new art.66 disp. Att.c.c.).

FAMILY & MINORS

— What to do if the custodial parent prevents the other parent from seeing the children?
The unjustified refusal, in fact opposed by the custodial parent to the request of the other parent to exercise the child's right of visit, is illegitimate since it is the concrete circumvention of a provision. Article 388 of the Criminal Code, in fact, governs the hypothesis of the non-execution of a judge's willful misconduct, providing that anyone who evades the execution of a decision of the civil judge concerning the custody of minors is punished, upon complaint of the offended person, with imprisonment of up to three years or a fine from € 103 to € 1.032. When the foster parent engages in behavior prejudicial to the interest of the offspring, such as that of the person who, by hindering the minor's relations with the other parent, prevents the free expression of the child's personality, the Juvenile Court can then adopt all those "protective measures" provided for in articles 330 and 333 of the civil code and, in the most serious cases, can even pronounce the forfeiture of the custody parent's power (art. 330 cc).

— What rights does the separated spouse have in the succession?
The separated spouse has the same inheritance rights as the non-separated spouse unless the separation has been judicially with a charge. In the event of separation without charge, such as in the case of consensual separation, the rights of succession of the spouses also remain unchanged as regards the right to legitimacy. Succession rights only end with divorce.

—Inheritance & Testament: how to donate your assets?
It is essential that anyone intending to donate their assets makes a conscious disposal of them according to the rules established by law. The Italian legal system establishes that a share of the inheritance, the legitimate one, belongs by right to the closest relatives and this should also be taken into account when drafting the will. Just as for those who are "called to inherit" it is important to know consistency in terms of rights and charges, including tax. Hence the need to be informed and to evaluate how to accept it.

— Can the parent, on whom the burden of paying the maintenance allowance to the foster parent for the child who has reached the age of majority but not yet economically self-sufficient, decide autonomously to pay the allowance directly to the child or, in spite of the age of majority, the foster parent remains the creditor of the financial contribution for the maintenance of the child?
The answer is no. Although, in fact, there is no doubt that the revised art. 337-septies of the Civil Code recognizes the right of the adult child to directly receive the contribution to his maintenance, the decision to pay the relative contribution to the child instead of the payment to the hands of the cohabiting parent established in court, must go through the necessary review judgment. Only in the presence of a specific request from the child can the check be paid directly to him (in whole but also only in part): in the absence of this express request, the legitimate passive to the perception of the amount will remain as a parent living with the adult, excluding the possibility that the parent obliged to support may automatically, upon reaching the child's eighteenth year of age, start paying the allowance directly to the child. On the other hand, the adult child can, if he wishes, ask the judge to order the direct payment of his maintenance.

— Is the parent who prevents the former spouse from seeing the child obliged to compensate both the child and the spouse?
In application of article 709 ter of the code of civil procedure, introduced by Law 54/2006 on shared custody, the parent who does not comply with the provisions of the court may be penalized and sentenced to pay, by way of damages, a sum in favour of the child and the other parent, as well as a financial penalty in favour of the State.

— Divorce: does the one-off check constitute income for the beneficiary or not?
The allowance paid once to the ex-spouse, even if paid in installments, is not deductible from the taxpayer's overall income. The possibility of payment by installments represents only a different method of settlement of the amount agreed between the parties and still maintains the definitive resolution characteristic of each relationship between the two spouses. It is therefore not comparable to the periodic payment of the check which, which can be reviewed over time, is instead deductible from the total income. This also in the light of the Revenue Agency Resolution No. 153/E of 11 June 2009.

BUSINESS LAW

— When is it possible to deduct corporate tax credits?
According to the new rules provided for by Dl 83/2012 c.d. "Development Decree", in some of the cases referred to therein, the loss on the credit can be automatically deducted from taxes, without it being necessary to carry out any recovery activity (as in the case where the debtor is subject to insolvency proceedings). These are the following cases: a) receivables of less than €. 2,500.00, expired over 6 months; b) for large companies as identified by the parameters referred to in art. 27 c. 10 DL 185/2008, for claims of less than €. 5,000.00, due more than 6 months; c) prescribed claims, of any amount (for example, because more than 10 years have passed, without the debtor being in the meantime put in default).

— Is it possible to collect information, including relevant real estate properties, by accessing existing data in public registers?
The data relating to real estate property, held by the competent offices of the local Agency (in particular those processed in the former registrars of real estate registers), are accessible to anyone and can be used even without the consent of the interested party.

— Cloud computing - In case of a breach or loss of data, does the provider guarantee prompt compensation for the damage?
Current regulatory uncertainties can make it difficult and expensive to be able to obtain adequate compensation for damages suffered as a result of violations, loss of data, even temporary interruption of the cloud service. The presence of insurance or simplified procedures for the resolution of disputes, including international ones, can certainly be an added value for small users.

— When can you say that an online contract is concluded?
In accordance with Articles 1326 and 1335 of the Italian Civil Code, the contract shall be deemed to have been concluded when acceptance reaches the proposer's address.