Private International Law of Italy

• Legal Consultation – Jurisdiction and Applicable Law. Lawyers assist in determining which country’s courts have jurisdiction in a given dispute, which national law applies, and the application of EU regulations.
• International Contracts. Drafting, reviewing, and enforcing international contracts, including choice of law and dispute resolution clauses.
• Representation in Cross-Border Disputes. Legal support in cross-border commercial litigation, ensuring contracts comply with both Italian and foreign laws.
• International criminal defense services. Assistance for foreign nationals involved in criminal proceedings, including legal representation in cases of arrest, detention, extradition, and international arrest warrants.
• Cross-Border Family Law. International divorce, custody, and child abduction cases involving multiple countries, enforcement of foreign family court decisions in Italy and assistance under the Hague Conventions and EU regulations.
• International Inheritance. Succession planning involving assets in multiple countries, application of the EU Succession Regulation (650/2012), and recognition and enforcement of foreign probate documents.
• Immigration and Citizenship. Residence permits, dual nationality, and citizenship by descent or marriage, and appeals of immigration decisions.
• Corporate and Business Law. Company formation with foreign shareholders, and compliance with international tax laws and treaties.
• Real Estate Transactions. Buying or selling property in Italy by foreign nationals, verifying ownership and legal compliance, handling taxation and inheritance issues for non-residents.
• Enforcement of Foreign Judgments. Recognition and enforcement of foreign court decisions, exequatur procedures, particularly for non-EU countries, and enforcement of international arbitration awards.
• Cross-Border Litigation and Arbitration. Legal representation before Italian courts and international arbitration bodies, enforcement of judgments and arbitral awards across jurisdictions.

• Legal Framework: Law No. 218 of 1995 is the main statute, covering conflict-of-law rules, jurisdiction, and the recognition/enforcement of foreign judgments. EU Regulations take precedence in applicable matters.
• Jurisdiction: Determined by EU regulations (e.g., Brussels I bis) or, when not applicable, Italian law (Law 218/1995). Italian courts may claim jurisdiction if the defendant resides in Italy or if there’s a significant connection to Italy.
• Conflict of Laws (Applicable Law): Rome I Regulation – Contracts. Rome II Regulation – Non-contractual obligations. Rome III and other EU instruments – Family law and succession. Where no EU law applies, Law 218/1995 fills the gap. Parties may generally choose the applicable law in contracts, with limitations.
• Recognition and Enforcement of Foreign Judgments: EU judgments: Automatically recognized and enforced under Brussels I bis, no exequatur required. Non-EU judgments: Governed by Articles 64–71 of Law 218/1995, requiring: jurisdiction of the foreign court, compliance with due process, and no conflict with Italian judgments or public policy.
• Public Policy Exception (Ordine Pubblico): A foreign law or judgment will not be applied or enforced in Italy if it violates Italian public policy, including constitutional principles and fundamental rights.
• Nationality Principle: In certain areas like family and personal status, the law of a person’s nationality may apply, particularly in non-EU contexts.
• Renvoi: Italian courts may accept renvoi in limited cases (e.g., family law, succession), unless excluded by EU law.
• International Treaties: Italy is a party to many Hague Conventions and other treaties, which may override national conflict rules, especially in areas like child abduction, adoption, and service of documents abroad.

International legal matters require not only deep knowledge of Italian law, but also a solid understanding of foreign legal systems and international treaties. A qualified international lawyer in Italy can help navigate this complex legal landscape and ensure compliance with both domestic and international legal standards.