Calogero Boccadutri

What is mediated negotiation? Mediated negotiation is an alternative method for resolving disputes through a negotiation process in which the conflicting parties are assisted by lawyers. Regulating mediated negotiation is Law Decree 132/2014 converted into Law No. 162 of 2014. The law introduced mediated negotiation in Italy in 2014, defining it as an “agreement by which the parties agree to cooperate in good faith and…

Italian citizenship by descent (Jus Sanguinis) can be requested if at least one of your parents possesses Italian citizenship, or if a direct ancestor was an Italian citizen, and the so-called “bloodline” has not been interrupted over the years. The right to apply for Italian citizenship by descent extends to adopted children or recognized natural children. There are two…

In Italy, the recognition and transcription of foreign judgments in family matters (marriage, divorce, filiation, etc.) may occur automatically, in accordance with the law on private international law, under certain requirements. These include not being contrary to public order and ensuring the essential rights of defense are respected. Recognition of European Judgments The European Union Law is…

The transcription of civil status documents concerning birth, marriage, civil union, or death that occurred in a foreign country can be forwarded to the relevant Municipality for transcription in the Civil Status registers. In order to carry out the transcription, the Civil Status Officer is obligated to examine the contents of foreign measures to verify compliance with the…

Judgment number 28727/2023, dated October 16, 2023, of the Court of Cassation clarified the implications of the Cartabia Reform for separation and divorce and outlined the new concept of “instantaneous divorce.” It was the first time the Court of Cassation had the opportunity to express its opinion on the application of the Cartabia reform, which came into effect…

Divorce alimony is a periodic or lump-sum economic contribution, granted upon divorce, in favor of the so-called “dependent” spouse. It has undergone a substantial transformation since its inception in 1970 to the present day. Whereas in the past, the criterion guiding judges’ decisions was the standard of living maintained during the marriage, whereby a high standard…

Individuals residing abroad have the opportunity to file an appeal for the recognition of Italian citizenship by descent (iure sanguinis) with the assistance of legal representation and without the need to personally attend court hearings. The applicable Italian jurisdiction is determined based on the municipality of birth of the Italian citizen’s father, mother, or grandparent, as stipulated in paragraph 36 of…

It is possible to proceed with the transcription in Italy of marriages contracted abroad if they are celebrated in a foreign location and one wishes for them to be registered in our country. Furthermore, the transcription of the marriage has retroactive civil effects to the date of its celebration. Even if celebrated abroad, marriages can be valid for all legal…

It is possible to request sole custody of minor children to the mother or father to the judge only for specific reasons. In the case of sole custody, both parents retain parental responsibility over the children, but this responsibility is largely exercised by the custodial parent, whether it’s the mother or the father. This type of custody…

The compromise is an agreement that governs international commercial arbitration. International commercial arbitration is an effective out of court means to address and resolve commercial disputes between legal entities from different states. It delegates the decision to arbitrators chosen by the parties involved. Widely used by businesses operating globally, it is particularly suitable for resolving disputes with international…

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…

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…