Donations, inheritances, wills and living wills, cohabitation contracts, marriage agreements, disabilities and laws relating to future generations. As a trusted consultant and public official, the notary can help us deal with these delicate situations safely and in full legality.
De facto cohabitants have the possibility to manage the question of assets within their relationship by signing a special “cohabitation contract”, fully regulated in terms of form, content and effects by the so-called “Cirinnà law” (no. 76 of 20 May 2016).
A prerequisite for the stipulation of the contract in question is that the de facto cohabitation is noted in a corresponding entry at the registrar’s office and that the cohabitants, adults and not declared mentally incapable, who are free from marital ties or civil union, have not entered into another similar contract which is still valid.
The contract is drawn up in writing, under penalty of nullity, by public deed or private agreement with signatures authenticated by a notary or a lawyer who certifies compliance with mandatory rules and public order.
As for the contents, in addition to the obligatory indication of the domicile of both parties (relevant for the purposes of notification of withdrawal – see below), the contract may contain:
A cohabitation contract is dissolved in the cases provided for by law, namely:
– the death of one of the parties to the contract;
– the subsequent marriage or civil union of the cohabitants with each other or with third parties;
– an agreement of the parties formalised in a deed having the same form as the original contract, or
– unilateral withdrawal, which must be drawn up in the aforementioned form and notified to the other partner.
Termination, like all other changes, must also be recorded at the registrar’s office and it is noted in the certificate of the cohabitation agreement.
|THE ROLE OF THE NOTARY
The assistance of a Notary for the stipulation of a cohabitation contract, provided for by law as an alternative to that of a lawyer, becomes indispensable when the parties intend to make a transfer of real property rights involving the said contract.