News
Mandatory assisted negotiation does not operate for inheritance questions already subject to mandatory mediation
- 23/12/2019
With sentence no. 266 of 2019, the Constitutional Court has declared the inadmissibility, for inadequate reasons for the relevance, of the questions of constitutional legitimacy of art. 3, paragraph 1, second and third periods, and paragraph 5 of the legislative decree September 12, 2014 n. 132, converted with amendments into law 10 November 2014 n. 162, with reference to articles 77, 3 and 24 of the Constitution, in the part in which they would allow a competition between the various conditions of admissibility of assisted negotiation for restitution and compensation claims and mediation for questions concerning inheritance matters. This decision is based on the fact that the reasons for the exclusion of the inheritance nature of the restitutive and compensation claims would not have been sufficiently explained in relation to the establishment of a dispute relating to the legitimate allocation of the assets of the deceased.
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