News
Break of engagement and return of the property donated in view of the wedding
- 02/11/2021
The Court of Cassation with the decree n. 29980 on 25th Octobet, 2021, established that the gifts made because of the promise of marriage (article 80 of the Italian Civil Code) are real donation and, therefore, they can have ad object movable property or real estate and they are subject to the requirements of substance and form provided by the Civil Code. In fact, the gifts are not traceable to the figure of the obnunial donation considered che the latter doesn’t produce effect until marriage. In addiction, they cannot be considered liberality of use (article 770, paragraph 2, of the Italian Civil Code), as the scope of the right to restitution would be unjustifiably reduced.
NEWS
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