The evolution of ADR or Alternative Dispute Resolution systems is part of the stated goals of the so-called “Cartabia Reform” (Law No. 206 of November 26, 2021), which came into effect, in part, on February 28, 2023 but which expects to complete the implementation of the remaining regulations in the upcoming months. The Cartabia Reform […]
Author: Calogero Boccadutri
Bankruptcy of The Rock Trading: How to Recover Lost Cryptocurrencies?
Were you involved in the bankruptcy of The Rock Trading? Have you lost your cryptocurrencies? The judicial liquidation (a procedure that replaced bankruptcy) of The Rock Trading S.r.l., an Italian cryptocurrency exchange that allowed trading on cryptocurrencies, which ended up at the center of an investigation with allegations of fraud and embezzlement, to the detriment […]
The death of the (Italian) spouse cannot result in the rejection of the surviving spouse’s application to acquire Italian citizenship by marriage. This is what the Constitutional Court ruled in Judgment No. 195 of 2022, on the subject of citizenship, acquisition by marriage, and causes hindering the acquisition of citizenship, declaring illegitimate Article 5, paragraph […]
Judicial debt collection in Italy is a legal procedure, which is implemented by filing a claim to the court. It aims to recover a debt, caused by a non-payment. The judicial authority steps in to enforce payment between the creditor, the one who is waiting to be paid, and the debtor, the one who has […]
Regular and Irregular Arbitration ( Rituale vs Irrituale) : Approach and Differences
Understanding how regular and irregular arbitration work, knowing their respective characteristics and the differences between them is important because, if those who use them do not give specific directions, the two institutions can be confused. The two forms of arbitration have a single purpose, which is to settle a dispute in a forum other than […]
Arbitration According to Law and Arbitration According to Justice in The Italian Legal System
The arbitrator (or arbitration panel) may issue a judgment according to law that is based solely on applicable laws, or according to justice, that is relying on the arbitrator’s impartial judgment. Since arbitration is a form of extrajudicial dispute resolution, it is up to the parties involved to choose one or more arbitrators so that […]
In Italy, it is possible to take advantage of a 7% flat tax if you move to a small location in southern Italy. In fact, as of 2019, there are incentives for those who receive a pension provided by foreign entities and choose to move to certain regions in the south, mainly to municipalities with […]
If you have been involved, free from blame, in a skiing accident, you are entitled to compensation. Aside from calling for help, it is important to take photos, collect witness statements and get contact details from witnesses. Regardless of how serious the accident may seem to be, it is always better to make sure that […]
The Cartabia Reform, named after the former Minister of Justice and former President of the Constitutional Court, Marta Cartabia, has provided important changes for separation and divorce with regard to timing and consequences. The new rules will apply to all proceedings introduced as of March 1, 2023. In general, the reform aims to speed up […]
The stages of the civil process will change after the Cartabia Reform comes into effect. On 28 February 2023, Legislative Decree 149/2022 (which follows Law 206/2021) was implemented in the agreements with the European Union on Justice. The Cartabia Reform involved the entire Italian Justice: significant changes occurred in the Civil Procedure Code, Civil Code, […]
Is it possible to recover debts owed in a foreign country? The answer is yes, since lawmakers have provided for international debt collection, a series of international laws and regulations. Globalization and the resulting large number of cross-border transactions, brings with it problems if the debtor, based abroad, refuses to pay. For this reason, those […]
Debt collection in Italy: what is it and how is it done? There are two routes to recover a debt in Italy: via extrajudicial route, without the need to go to court, and via judicial route through the court. When the extrajudicial and the Judicial routes can be necessarily taken into consideration? Debt collection is […]