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Borderlines in Private Law

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The Italian Civil Code 2012 edition

Susanna Beltramo

ISBN13: 9780314608604
Previous Edition ISBN: 9780379209686
Published: March 2012
Publisher: Thomson West
Country of Publication: USA
Format: Paperback
Price: Out of print



Prepared by editors who understand the history of the legal system and the practice of law in Italy, this careful translation is accurate to the intent of the law.

Unique in its coverage of both civil and commercial law matters, this title includes sources and application of the Law in General and Book One through Six of the Code:

  • Persons and the Family
  • Succession
  • Property Rights
  • Obligations
  • Labor
  • and Protection of Rights
It also includes legislation addressing adoption and entrustment of minors, marriage, antitrust, companies, accounts, citizenship, and conflicts of laws reform. The Italian Civil Code also contains Legislative Decree No. 6, which implements radical reform to Book Five of the Code.

Subjects:
European Jurisdictions, Italy, Courts and Procedure
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
TITLE I NATURAL PERSONS
TITLE II LEGAL PERSONS
Chapter I General provisions
Chapter II Associations and foundations
Chapter III Non-recognized associations and committees
TITLE III DOMICILE AND RESIDENCE
TITLE IV ABSENCE AND DECLARATION OF PRESUMED DEATH
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
TITLE V CONSANGUINITY AND AFFINITY
TITLE VI MARRIAGE
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
TITLE VII FILIATION
Chapter I Legitimate filiation
Chapter II Natural filiation and legitimation
TITLE VIII ADOPTION OF PERSONS OF AGE
Chapter I Adoption of persons of age and its effects
Chapter II Formalities of adoption of persons of age
Chapter III Special adoption
TITLE IX PARENTAL AUTHORITY
TITLE IX-BIS ORDERS OF PROTECTION AGAINST FAMILY ABUSES
TITLE X GUARDIANSHIP AND EMANCIPATION
Chapter I Guardianship of minors
Chapter II Emancipation
TITLE XI AFFILIATION AND CUSTODY
TITLE XII OF THE MEASURES FOR THE PROTECTION OF THE PARTIALLY OR ENTIRELY DEPENDENT PERSONS
Chapter I Of the support administration
Chapter II Of the interdiction and of the natural incapacity
TITLE XIII SUPPORT
TITLE XIV VITAL STATISTICS RECORDS
Book Two: Succession
TITLE I GENERAL PROVISIONS ON 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
TITLE II INTESTATE SUCCESSION
Chapter I Succession by relatives
Chapter II Succession from spouse
Chapter III Succession by state
TITLE III TESTAMENTARY SUCCESSION
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
TITLE IV PARTITION
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
TITLE V GIFTS
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
TITLE I PROPERTY
Chapter I Property in general
Chapter II Property belonging to the state, to public bodies and to ecclesiastical institutions
TITLE II OWNERSHIP
Chapter I General provisions
Chapter II Ownership of land
Chapter III Modes of acquisition of ownership
Chapter IV Actions for protection of ownership
TITLE III SUPERFICIE
TITLE IV EMPHYTEUSIS
TITLE V USUFRUCT, USE AND HABITATION
Chapter I Usufruct
Chapter II Use and habitation
TITLE VI PREDIAL SERVITUDES
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
TITLE VII COMMON OWNERSHIP
Chapter I Common ownership in general
Chapter II Condominium in buildings
TITLE VIII POSSESSION
Chapter I General provisions
Chapter II Effects of possession
Chapter III Actions for defence of possession
TITLE IX DENUNCIATION OF NEW WORK AND FEARED DAMAGE
Book Four: Obligations
TITLE I OBLIGATIONS IN GENERAL
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
TITLE II CONTRACTS IN GENERAL
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
Chapter XIII Rescission of the contract
Chapter XIC Dissolution of contract
Chapter XIV-bis Consumers' contracts
TITLE III SPECIFIC CONTRACTS
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
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
TITLE IV UNILATERAL PROMISES
TITLE V NEGOTIABLE INSTRUMENTS
Chapter I General provisions
Chapter II Bearer instruments
Chapter III Instruments to order
Chapter IV Instruments in registered form
TITLE VI MANAGEMENT OF AFFAIRS OF ANOTHER
TITLE VIII UNJUST ENRICHMENT
TITLE IX UNLAWFUL ACTS
Book Five: Labor
TITLE I RULES GOVERNING OCCUPATIONAL ACTIVITIES
Chapter I General provisions
Chapter II Corporative ordinances and collective economic agreements
Chapter III Collective labor agreements and equivalent corporative norms
TITLE II LABOR IN THE ENTERPRISE
Chapter I Enterprise in general
Chapter II Agricultural enterprise
Chapter III Business enterprises and other enterprises subject to registration
TITLE III AUTONOMOUS LABOR
Chapter I General provisions
Chapter II Intellectual professions
TITLE IV SUBORDINATE LABOR IN PARTICULAR RELATIONSHIPS
Chapter I General provisions
Chapter II Domestic labor
TITLE V COMPANIES
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
TITLE VI COOPERATIVE SOCIETIES AND MUTUAL INSURANCE COMPANIES
Chapter I(♦) Cooperative societies
Chapter II Mutual insurance companies
TITLE VII ASSOCIATION IN PARTICIPATION
Chapter I General provisions
Chapter II Business name
Chapter III Trademarks
TITLE IX RIGHTS IN INTELLECTUAL WORKS AND INDUSTRIAL INVENTIONS
Chapter I Copyright in intellectual, literary and artistic works
Chapter II Patent rights for industrial inventions
Chapter III Patent rights for improvement processes and for ornamental models and designs
TITLE X REGULATION OF COMPETITION AND SYNDICATES
Chapter I Regulation of competition
Chapter II Syndicates for coordination of pProduction and exchange
TITLE XI PENAL PROVISIONS IN MATTERS RELATING TO COMPANIES AND SYNDICATES
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
TITLE I TRANSCRIPTION
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
TITLE II EVIDENCE
Chapter I General provisions
Chapter II Documentary evidence
Chapter III Proof by witnesses
Chapter IV Presumptions
Chapter V Confession
Chapter VI Judicial oaths
TITLE III LIABILITY AFFECTING ONE'S OWN PROPERTY, CAUSES FOR PREFERENCE, AND PROTECTION OF CREDITOR'S EXPECTATION OF RECOVERY FROM DEBTOR'S ASSETS
Chapter I General provisions
Chapter II Privileges
Chapter III Pledge
Chapter IV Mortgages
Chapter V Measures to protect creditor's expectation of recovery from debtor's assets
TITLE IV JUDICIAL PROTECTION OF RIGHTS
Chapter I General provisions
Chapter II Enforcement proceedings
TITLE V PRESCRIPTION AND FORFEITURE
Chapter I Prescription
Chapter II Forfeiture
APPENDIX A DISCIPLINE OF ADOPTION AND ENTRUSTMENT OF MINORS
APPENDIX B DISCIPLINE OF CASES OF DISSOLUTION OF MARRIAGE
APPENDIX C COMPANIES
APPENDIX D PROVISIONS FOR THE IMPLEMENTATION OF EEC DIRECTIVES NO.
78/660 AND NO.
83/349 WITH RESPECT TO ANNUAL ACCOUNTS AND CONSOLIDATED ACCOUNTS
APPENDIX E PROVISIONS FOR THE PROTECTION OF COMPETITION AND THE MARKET
APPENDIX F REFORM OF ITALIAN SYSTEM OF CONFLICTS OF LAW
APPENDIX G NEW RULES ON CITIZENSHIP
Index
Summary of contents;