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The service of a document to the place where a family member of the recipient lives is void

  • 09/07/2018

With Order no. 14361 of 5th June 2018, the Court of Cassation has stated that if the service of a document is made to a family member of the recipient in the same place where the recipient lives, it must be presumed that the recipient has come to know about the service of that document.

In the case at issue, the service was made to the place where the recipient’s mother lived. Place where the addressee was neither resident nor domiciled anymore.

The Court has then ruled that the service of a document is void, unless it may be proved that the recipient has nevertheless come to know about it, if that document is delivered to a family member of the recipient in a place different from the one where the recipient is resident or domiciled.

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