FAQ – Common Questions

Find here the answers to the most common questions.

  1. How much does a legal advice cost?

    The professional fees applied by our firm may vary depending on the complexity and specifically on the study. In this last case the cost can be increased all within the parameters established by the current legislation. By way of example, an opinion on a topic that is not particularly complex, the cost amounts to € 150.00 plus legal accessories.

  2. What documents do a lawyer need?

    In order to protect yourself and give you the first useful tips, the lawyer, on the occasion of the first meeting, will need all the documentation in your possession related to your problem; upon completion of this first preliminary investigation phase, the lawyer may eventually make a request for access to documents on your behalf from institutions, public / private offices and Jurisdictional Authorities.

  3. Can I change the lawyer during the lawsuit?

    Yes, it is always possible. The customer is not bound to remain with the same defender for the entire duration of the trial. The law provides that both the client and the lawyer can suspend the existing relationship at any time. When the client interrupts the relationship, in technical terms, we talk about "revocation of the mandate"; when, on the other hand, the lawyer interrupts the above-mentioned relationship, instead we talk about "giving up the mandate".

  4. Even if I'm not in Bologna, can you follow my case?

    For an initial analysis of the issue, the client’s physical presence in the Studio is not mandatory. Later, a meeting will be necessary in order to sign the defensive mandate suitable to represent you both in the extrajudicial phase (in institutions, public / private offices) and judicial.

  5. I have been served (by post or PEC) with an injunction, I do not agree with what has been requested. Can I object and assert my rights?

    In all cases in which a citizen / debtor believes to have wrongly received an order for payment, he/she can assert his/her reasons in front of the competent Judge (jurisdiction to the same Court of the Judge who issued the injunction). However, it is important to take action in time, since the decree that it is not opposed in the terms (normally 40 days, but can be shortened in some cases), becomes final and it will no longer be possible, once the deadline has passed, to go into the merits of the matter and change the claim.

  6. I was called to participate in a mediation, what exactly is it and am I required to go there?

    The mediation institution is a process by which two or more conflicting parties reach a "friendly" agreement with the help of a third and impartial mediator. The law that establishes the mediation is represented by the Legislative Decree 04/03/2010 n. 28. Today, the disputes in these matters make up a considerable percentage of the civil cases that are signed up in the register. The subjects, object of obligatory mediation, are listed in the art. 5, paragraph 1 of Legislative Decree 28/2010 (flat complex, real rights, family pacts, division, inheritance, lease, loan, companies’ rental, compensation for damage arising from medical and health liability and defamation by the press or by other means of advertising, insurance, banking and financial contracts).
The mandatory "filter" of mediation
    imposed by the legislator after several years from the entry into force of Legislative Decree 28/2010, subsequently modified by law decree 69/2013, c.d. Decree of Making and ss.mm., allows to reach that deflationary purpose of justice by allowing an agreement to be reached within the agreed deadlines, equal to 3 months from the mediation request’s filing. The parties therefore have the obligation to personally participate in the mediation process assisted by their own counsel (the Court of Vasto confirmed it with the sentence of 17.12.2018). The unjustified absence of the party constitutes an assumed behavior in violation of a precise legal obligation and this exposes who decides personally to not participate to the risk of suffering the economic sanctioning and procedural consequences provided by the art. 8 c. 4 bis of Legislative Decree n. 28/2010.

  7. What is the difference between consensual separation and judicial separation?

    The consensual separation, sanctioned by articles 158 c.c. and 711 Code of Civil Procedure, is a voluntary jurisdiction procedure divided into two phases: the presidential hearing (in front of the President of the competent Court) and the subsequent approval of the agreement reached by the College that will pronounce the respective decree. The agreement generally includes all the conditions that govern the personal and property relations of both, and the relationships of each with their children. At the hearing in front of the the Judge, the parties are obliged to be present; if it is impossible for one of the spouses to participate, the Judge will set a new hearing. The personal appearance of the spouses is fundamental at this stage as the judge will attempt conciliation and in the event of a negative outcome, he will take note of the agreement drawn up by the parties. The homologation decree will be issued in the days immediately following the presidential hearing and communicated to the parties, in their respective attorneys' offices. In the event that the spouses are unable to find an agreement, the separation that will ensue is of a judicial nature and may be required due to the intolerability of a continuing cohabitation or, in children’s presence, for serious prejudice to the education of the latter.
 With regard to the criterion of cohabitation intolerability, for the Italian legal system, the guilt of the spouses is irrelevant; what is different is instead the conduct held by the spouses themselves as it can be assessed by the Judge for the purposes of the so-called separation debit.
 The request for judicial separation is proposed by appeal in front of the Court of the last common residence of the spouses or at the place of residence of the defendant.

  8. Can I decide to split up or divorce, even if the spouse does not want to?

    Yes, it is always possible, since, in many cases, the decision that lead to end a marriage is taken by a single spouse, and even those who have caused the intolerability of cohabitation have the right to request the pronunciation of separation.

  9. Can you inherit despite the separation or divorce?

    The civil code provides that in the art. 548 that “the spouse who was not charged for the separation with a final judgment in the past, pursuant to the second paragraph of the art. 151, has the same successor rights as the non-separated spouse … ". Therefore, when you are separated, you are still husband and wife and one is heir to the other. Only with divorce the marriage relationship cease, which is the prerequisite for enjoying inheritance rights against the spouse. However, the law provides that, if the "divorced" has been entitled to a divorce allowance when the spouse was still alive, he/she will have the right to request an inheritance check to be paid by the estate.

  10. How does short divorce (divorzio breve) work?

    With the law n. 55/2015, the period of time that must elapse from the date of personal comparison within the separation procedure has been reduced. As yet, the divorce deadline is only 6 months (and according to the "short" name) in the case of consensual separation and 1 year in the case of judicial separation. Already in force from the law 162/2014 it was possible request the dissolution of the marriage bond through assisted negotiation or through a double declaration of the parties before the registrar.

  11. What is the task of lawyers in case of separation / divorce?

    In the event of a legal separation or dissolution of the marriage bond, the law firm will help you to organize all financial and family matters, generally in negotiation with the lawyer of the counterpart's spouse. Food, custody and maintenance of children and a fair division of goods in common (those who, for example, will continue to enjoy the marital home or the way your current and savings accounts will be divided) are topics that lawyers are ready to face and they will advise you on the best possible solution suitable for your specific case.

  12. My father left all the inheritance to my brother. What can I do?

    The situation is technically decipherable in the disinheritance institution which is the testamentary will of the testate who explicitly excludes a certain subject from his succession. In general terms it can be said that a parent, with his own will, cannot decide to "leave everything" to a single son, if he is in the presence of another legitimate sibling. The law predict that there are relatives, so-called "legitimate", whose children cannot be excluded from inheritance with the will.
Therefore, if a parent had to testify with the will that all the assets go in favor of a single child, excluding the other, the latter will have the right to claim his share of inheritance: the so-called "reserved share". However, jurisprudence and legal doctrine constantly debate about the admissibility of this clause. In any case, both doctrine and jurisprudence agree on the fact that one cannot directly disinherit one's child. If this happen, the legitimate heir excluded from the hereditary patrimony will have the possibility to take legal action to assert its reasons, with his own lawyer who will prepare the so-called avoidance action in front of the competent Court.

  13. The tenant at my apartment does not pay my rent and I don't know how to act. How does the eviction procedure work and when will I be able to obtain the release of the property (the apartment is in Bologna)?

    The procedure to obtain the forced release of a property consists of a number of mandatory phases governed by the Code of Civil Procedure and special laws. When the tenant does not release the property to the owner in a kind way, even after our out-of-court intervention with the dispatch of monitoring letters and reminders, it is necessary to appeal to the Judge at the competent Court, in this case Bologna. The procedure is divided into two phases, one in front of the Court in order to validate the eviction, and a subsequent one with the intervention of the Judicial Officers (who in the "most difficult" cases will operate with the intervention of the public force). As for the timing for the building release, the same will depend on some existing circumstances in the lease (presence of minors, any other previous evictions etc.). Thanks to the Firm experience, we can say that the average at the Bologna Court is between 9 and 12 months.

  14. They offered me a contract over the phone that I verbally accepted and now I would like to annul it. How am I supposed to free myself?

    The CD. "Consumer Code" (Legislative Decree 206/2005) to the art. 51, paragraph 1, anticipates that the information provided to the consumer by the professional must be presented to the recipient on a durable medium and must also be clearly legible. Therefore all distance contracts (including those concluded by telephone) will not be able to be perfected solely through a telephone contact, but the content of the agreement itself must also be sent to the consumer who can accept the contents by signing the form. In the absence of this last fulfillment, the acceptance by telephone of the proposed contract, even if registered, will not have any binding effect for the consumer, this also because this behavior of the professional determines a clear imbalance of information to the detriment of the weakest contractor.

  15. The delivered product is defective and do you want to request a replacement?

    According to the norm of the Consumer Code (art. 130 Legislative Decree 206/2005), the seller is responsible for any lack of conformity of the goods at the time of delivery of them to the consumer. This responsibility remains with the seller for two years, starting from the delivery of the goods. In other words, the law provides a broad guarantee to the consumer, who may, at his sole discretion, consider asking the seller to repair the item, replace it or terminate the contract with a refund of the amount paid.

  16. Contracts signed with forms: what protection is there for the consumer?

    Often, when you buy a product or service, you come across the subscription of contractual forms that most often do not read with particular attention. It may happen that these contracts violate the rights of consumers by imposing particular unjustified charges on them or unbalancing the contractual relationship to the detriment of the weakest contractor (the so-called unfair terms). In the represented hypotheses, the legislator has tried to find a solution with the specific Law whose provisions on the matter are today contained in the "Consumer Code" (Legislative Decree 206/2005). It includes the obligations imposed on the professional in order to propose transparent contracts to the consumer in such a way that the latter lends an informed consent. The consumer right therefore indicates a set of rules that the legislator has set to protect consumers, which are the actors in the purchase phase of products and/or services, for purposes unrelated to their business, commercial or professional activity.
In case of change of mind, it is always possible to exercise the right of withdrawal in the terms indicated by the law; for this purpose it is good practice to always keep a copy of what you subscribe, so that you can raise your exceptions correctly.

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