AREAS OF EXPERTISE
We put our experience and expertise at your disposal and provide you with professional and goal-oriented support.
LEGALEde's clients appreciate having a German-Italian law firm in Germany and Italy at their side that not only represents them with competence, but that can also explain even the most complicated issues in a comprehensible manner.
With us you will find your German-Italian lawyer in Munich who will advise you specifically in the areas of German and Italian inheritance law, family law, real estate law and traffic law.
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Real estate law
If you have any questions about Italian real estate law, the acquisition of real estate in Italy or Italian inheritance law relating to an Italian property, we can provide you with expert advice and are your local German lawyer in Italy.
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Inheritance law
The central regulations for cross-border inheritances are changing with the entry into force of the new European Succession Regulation (EU Succession Regulation). Previously, EU-citizens were subject to their national inheritance law.
For deaths occurring on or after August 17, 2015, the law of the country in which the inheritor had their habitual residence at the time of death will - initially - apply.
Citizens who reside abroad for a longer period of time and own assets there are affected. For them, their national inheritance law no longer applies initially - but foreign inheritance law.
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Family law
The law applicable to a legally binding marriage between persons of different nationalities is determined by the rules of private international law.
Below are the basic rules of German and Italian marriage and family law that are of interest, as the EU Regulation stipulates that the place of habitual residence is decisive.
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Traffic law
In the event of a traffic accident in Italy, Italian road traffic law and compensation law always apply.
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Sales law
Bei der Abwicklung grenzüberschreitender Kaufverträge stellt sich die Frage, ob sich diese nach dem Recht des exportierenden oder aber nach dem Recht des importierenden Staates beurteilen. Bedeutung gewinnt diese Frage nicht nur erst dann, wenn bei der Abwicklung Streitigkeiten auftreten (weil z.B. eine Partei wegen angeblicher Mängel die Kaufpreiszahlung verweigert). Klärungsbedarf besteht vor Vertragsschluss, da jede Partei für sich zu prüfen hat, ob die Rechtsfolgen des anwendbaren Rechts akzeptabel sind, oder ob diese gegebenenfalls durch Vereinbarung, z.B. durch Allgemeine Geschäftsbedingungen oder durch individuelle Vereinbarung, verändert werden müssen.
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Law of agency
In Germany, the requirements of the aforementioned European Directive have since been reflected in the provisions of §§ 84 HGB, in Italian law in Art. 1742 ff Codice Civile and the "accordo economico collettivo per la disciplina del rapporto di agenzia e rappresentanza commerciale del settore del commercio" . The convention is generally binding in Italy and expands and deepens the regulations included in the Codice Civile in individual points, such as compensation payments after termination of the contract.
However, even despite the EU harmonization directive, differences in commercial agency law may still exist. This is due to the fact that the EU law has left a number of questions unanswered and these points remain subject to purely national regulations.
For example, the regulation known in commercial agency law as "Star del credere" has not been established on a European basis.
Some of the provisions of German and Italian law are briefly outlined below.
For more information on Agency law in Italy? Please click here!!
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Debt claim in Italy
Prosecution and legal defense are well regulated in Italy.
As a creditor of a debtor in Italy, you can first try to recover the debt amicably. Otherwise, you can take the enforcement route.
More information about debt claiming in Italy? Please click here!
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Debt claim in Germany
rosecution and legal defense are well regulated in Italy.
As a creditor of a debtor in Germany, you can first try to recover the debt amicably. Otherwise, you can take the enforcement route.
More information about debt claiming in Germany? Click here!
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Criminal law
Developing a strong defense strategy varies from case to case and is critical to representation at trial. However, in order to develop a sophisticated defense, it is important that you consult with an attorney as soon as possible.
