Lo Studio legale associato Bertolini Fusi, composto da Avvocato fondatori, avvocati collaboratori e impiegati amministrativi, è a Vostra disposizione in Piazza Antonio Vallisneri 4 a Reggio nell'Emilia.
BERTOLINI-FUSI ASSOCIATED
LAW FIRM
2025 - BERTOLINI-FUSI ASSOCIATED LAW FIRM
Piazza Antonio Vallisneri, 4 - 42121 Reggio nell'Emilia
vat n. 01771590351
Phone: 0522-453468
e-mail: amministrazione2@studiobertolinifusi.it
SAFEGUARDING LOVE
20th May 2016 Law n.76
UNIONS
Article 1 of the aforementioned law establishes the civil union between persons of the same sex as a specific social formation.Contracting a civil union is simple: two adults of the same sex declare their intention to form a civil union before the Civil Status Officer, in the presence of two witnesses.The civil union is certified by the relevant document attesting the establishment of the union, which must contain the identification data of the parties, their residence and the property regime.With the civil union the parties can decide to use a common surname, but, more importantly, they acquire the same rights and duties: for example, they have a mutual obligation to cohabit and to provide material and moral assistance. Furthermore, the parties are required to contribute to common needs in relation to their assets and capabilities, they agree among themselves on the direction of family life and establish a joint residence.The property regime of the civil union is constituted by the community of property, in the absence of a different agreement.
The parties to a civil union acquire a status very similar to that of spouses: for example, when choosing a support administrator, the guardianship judge prefers (if possible) the other party to the civil union. Furthermore, in the event of the death of an employee, the compensation referred to in Articles 2118 and 2120 of the Civil Code must also be paid to the party to the civil union.Like traditional marriage, civil unions can also be dissolved. Among other reasons, they can be dissolved by death or by declaration of presumed death of one of the parties and also when the parties express, separately or jointly, their desire to dissolve before the Civil Status officer.
COHABITATIONS
According to art. 36, law 76/2016, “de facto cohabitants are understood to mean two adults who are united in a stable relationship by emotional bonds of a couple and mutual moral and material assistance, not bound by kinship, affinity or adoption, by marriage or civil union”. To ascertain stable cohabitation, it is necessary to refer to the declaration provided to the Registry Office. Following cohabitation as intended by the law in question, cohabitants benefit from some rights granted to spouses. They can take advantage of the rights provided for by the penitentiary system (e.g. visits in prison) and in the event of hospitalization or illness of the partner, they have the right to visit, assistance and access to personal information (e.g. the cohabitant can express informed consent like the spouse). Furthermore, each de facto cohabitant, in the event of illness affecting the capacity to understand and want, only if through a written document or declaration in the presence of a witness, can be represented, with full or limited powers, by the other cohabitant for decisions regarding health matters and in the event of death, with regard to organ donation and funeral celebrations. Furthermore, if the cohabitant who owns the house where they both reside dies, the surviving cohabitant has the right of residence for a period of at least two and a maximum of 5 years, according to certain parameters.
If, however, the person who dies is the tenant of the cohabitants' common home, the survivor has the right to succeed him in the rental agreement. Cohabitation is also valid in the case in which "... belonging to a family unit constitutes a title or cause for preference in the rankings for the assignment of public housing...". Even within the company of a cohabitant, the work performed by the other cohabitant has a certain value, as he is entitled to a share in the profits, in the goods purchased with the profits and a share in the increases of the company, commensurate with the work performed. Furthermore, in the event of the death of one of the de facto cohabitants due to the unlawful act of third parties, with regard to compensation for damages to the surviving cohabitant, the same criteria that can be used to compensate for damages to the surviving spouse apply.
THE COHABITATION AGREEMENT
For de facto cohabitants it is possible to “regulate the patrimonial relationships relating to their life together by signing a cohabitation contract”. The contract and any amendment to it must be drawn up, under penalty of nullity, in written form or with a public deed or private deed with a signature authenticated by a notary or a lawyer. With the aforementioned contract the parties can determine the methods of contributing to the needs of life together, in relation to their own assets and capacities, and the patrimonial regime of the community of property. The cohabitation contract cannot be subject to a term or condition. In some cases the cohabitation contract is affected by irremediable nullity that can be asserted by anyone: for example if concluded in the presence of a marriage bond, a civil union or another cohabitation contract, by a minor or by a person under judicial interdiction.
Termination of a cohabitation agreement.
This type of contract is terminated by agreement of the parties, unilateral withdrawal, marriage or civil union between cohabitants or between a cohabitant and a third party and by death of one of the contracting parties.In the case of termination by agreement of the parties or unilateral withdrawal, the resolution must be drawn up in writing, as for the cohabitation contract and follows the same formalities required for the latter.In the event of termination of cohabitation, the judge orders the right of the economically weaker cohabitant, if he or she is in need, to receive maintenance from the other cohabitant.
Maintenance is assigned for a period proportional to the duration of cohabitation.