Recognition in Italy of a foreign divorce decree: latest ruling- Italian Court of Rome (Tribunale di Roma)
Published by Liuzzi e Liuzzi International law firm in Italian Law · Wednesday 15 Jan 2020 · 2:15
Tags: recognition, of, foreign, divorce, decree, in, italy, italian, law, regulation, rulings, 2016, 2019, brexit
Tags: recognition, of, foreign, divorce, decree, in, italy, italian, law, regulation, rulings, 2016, 2019, brexit
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Recognition in Italy of a foreign divorce decree.
Italian court of Rome/Tribunale di Roma – Ruling/Sentenza n. 5123 of March, 3rd 2016 (11.3.2016)
Enforcement of foreign judgements
Ruling of the Italian Court of Rome on recognition in Italy of a Venezuela's divorce decree
The ruling was issued on a marriage celebrated abroad (the case referred to a Venezuelan one) where a judge in Venezuela ruled a divorce decree that cannot be automatically recognized in Italy. Paragraph 1 of article 3 or the European Union Regulation n. 110/2003 refers to decrees issued by Courts of EU State Members and not tissued by extra- UE (extra- european Union) Countries.
In cases like the one which refers to ruling 5123 of the Italian Court of Rome (Tribunale di Roma) the Law to be applied is the Italian Law 218 of May, 31st 1995, paragraph 3 of article 67 (Law on the reform of the Italian system of International private law) that provides for the verification of the requirements for this kind of recognition which are to be realized according to the forms established by articles 64 and 65 with an efficacy limited to the trial where the decree's recognition is subject of opposition .
What does it happens after Brexit if one needs to register for instance in Italy or in Spain a UK divorce decree? Contact Liuzzi e Liuzzi International Law Firm to request legal consulting and assistance in your language.
Liuzzi e Liuzzi Studio Legale Internazionale- Bufete Internacional de Abogados y Economistas, International law and Tax Firm in Italy and in Spain provides legal consulting and assistance to International clients who can receive advice with no need to travel to Italy (or to Spain) for the recognition of foreign decrees in Italy (or in Spain).
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