The law 20 May 2016, n. 76 containing "Regulation of civil unions between persons of the same sex and discipline of cohabitation" was published in the Official Gazette General Series no. 118 of 21-5-2016 and entered into force on 5 June 2016.
As regards the discipline of de facto cohabitation: (paragraphs 36-65 of Art. 1).
By "de facto cohabitation" we mean two people of age who are permanently united by emotional ties of a couple and by mutual moral and material assistance, not bound by kinship, affinity or adoption, marriage or civil union. Those interested in establishing a "de facto cohabitation" must reside in the same apartment and be registered in the same household.
Presentation method: Citizens have the opportunity to submit the appropriate declaration through the appropriate municipal counter (Demographic services - via Barbacana 6 - ground floor) and also by registered letter (Municipality of Bra - Piazza Caduti per la liberty 14 - 12042 Bra (Cn)) , by fax (0172.438269) and electronically (Pec: firstname.lastname@example.org - Simple Email: APR4residenzaonline@comune.bra.cn.it).
• The possibility of electronic sending is allowed alternatively to one of the following conditions:
(a) the declaration is signed by a digital signature;
b) that the author is identified by the computer system with the use of the electronic identity card, the national service card, or in any case with tools that allow the identification of the person making the declaration;
(c) the declaration is transmitted through the applicant's e-mail box;
(d) the copy of the declaration bearing the autographed signature of the applicant shall be acquired by scanner and transmitted by simple e-mail.
The civil servant is checked by the civil servant through the municipal police body.
The declaration of de facto cohabitation cannot be made by those who are already part of a civil union, the effects of which have not ceased at the time of the application for registration nor by married persons until the time of annotation of the dissolution or termination of the civil effects on the marriage certificate.
The cancellation of de facto cohabitation can take place in the following cases:
• ex officio, in the event of termination of the cohabitation and / or residence situation in the municipality of Bra of one or both members of the de facto cohabitation or in the case of marriage or civil union;
• at the request of both members (or only one after communicating to the other), if the emotional ties of the couple and mutual moral and material assistance are lost, by presenting themselves at the Registry Office, with a valid identity document.
Effects of the statement of factual coexistence:
According to the new law on the discipline of coexistence, the co-habitants of fact:
a) have the same rights as their spouse in the cases provided for by the penitentiary system (Article 1 paragraph 38);
b) in the event of illness and hospitalization, the de facto cohabitants have the reciprocal right of visit, assistance, as well as access to personal information, according to the rules of organization of public, private or affiliated hospital or assistance facilities, provided for spouses and family members (Article 1 paragraph 39);
c) each de facto cohabitant can designate the other as its representative with full or limited powers in the event of an illness that involves an inability to understand and want, for decisions on health matters or, in the event of death, as regards the organ donation, body treatment methods and funeral celebrations (Article 1 paragraph 40); the designation is made in written and handwritten form or, in case of impossibility to draw it up, in the presence of a witness (art. 1 paragraph 40);
d) rights relating to the home (Article 1 commi 42 and 43);
(e) succession in the lease of the common residence for the co-habitant in the case of the death of the principal or of his withdrawal from the contract (Article 1 paragraph 44);
f) inclusion in the rankings for the assignment of social housing units, if belonging to a family unit constitutes a title or preferential cause; (Article 1 paragraph 45);
g) rights of the partner in business activity (Article 1 paragraph 46);
h) extension of the faculties recognized to the de facto cohabitant in the context of the protection measures for persons without autonomy (Article 1 paragraphs 47 and 48); (guardian curator support administrator)
i) in the event of the death of the de facto cohabitant, deriving from an unlawful act of a third party, the same criteria identified for the compensation of the damage to the surviving spouse are applied in the identification of the compensable damage to the surviving party (Article 1 paragraph 49).
The registry officer issues the master certificate of factual residence, including the contractual agreement signed and received by the professional, in accordance with the stamp duty.
The actual co-habitants can regulate the balance sheets relating to their common life by signing a co-habitation agreement that must have the following formal characteristics, to be respected also in the event of subsequent amendment or resolution: (1 paragraph 50 and 51 )
• written form
• public deed or authenticated private deed. In the case of private writing, a notary or a lawyer will have to authenticate the signatures and certify the compliance of the agreement with mandatory rules and public order.
For the purposes of enforceability to third parties, cohabitation contracts with signature authenticated by a notary or a lawyer must be sent by the professional to the municipality of residence of the cohabitants within the following 10 days from the signing by PEC in pdf format p7m with digital signature at the following address: email@example.com (Article 1 paragraph 52);
The contract indicates the address indicated by each party to which communications relating to the contract are made and may contain:
a) the indication of the residence;
b) the methods of contributing to the needs of life in common, in relation to each person's substance and ability to work professionally and at home;
c) the property regime of property communion (can be changed at any time during the life of the co-habitation). (Article 1 paragraph 53 and 54);
The contract cannot be subject to a term or condition. In the event that the parties insert terms or conditions, these are considered not to be affixed.
The common national law of the contractors applies to the contracts of coexistence. Contractors of different nationalities apply the law of the place where coexistence is predominantly localized.
2. The national, European and international laws governing the case of multiple citizenship are reserved "(Article 1, paragraph 64, which amended Article 30-bis of the Law of 31 May 1995, no. 218)
The contract is void in the following cases: (Article 1 paragraph 57)
a) in the presence of a marriage bond, a civil partnership or another cohabitation contract;
b) in the absence of the requisites envisaged for the declaration of de facto cohabitation (absence of kinship, affinity or adoption relationships; absence of a stable emotional bond of couple and mutual moral and material assistance);
c) if one of the parties is a minor;
d) if one of the parties is legally banned;
e) in case of conviction for the crime referred to in article 88 of the civil code (murder committed or attempted on the spouse).
The effects of the coexistence agreement remain suspended on the incidental basis of the law on interdictions or in the case of a referral to a judgment or a precautionary measure ordered for the murder of a spouse (Article 88 of the Italian Civil Code), until the judgment of suicide. (Article 1 paragraph 58);
The co-habitation agreement resolves in the case of:
a) agreement of the parties: in this case the provision requires compliance with the formalities required for the conclusion of the contract and provides - if the cohabitants had chosen the legal community of assets - the dissolution of the same (as compatible, the provisions of the civil code which regulate legal communion in marriage). If real estate rights derive from the cohabitation agreement, a notary must provide for the transfer of the same;
b) unilateral withdrawal: the notary or lawyer who receives the deed must notify a copy of it to the other contracting party; if the dwelling house is available to the withdrawing person, the deed of withdrawal must allow the cohabitant at least 90 days to leave the house;
c) marriage or civil union between cohabitants or between a cohabitant and another person: in this case the party who contracted marriage or the civil union must notify the de facto cohabitant of the marriage or civil union extract; a copy must also be notified to the professional who received or authenticated the cohabitation agreement;
d) death of one of the contractors: the surviving cohabitant or the heirs of the deceased must notify the extract of the death certificate to the professional who received or authenticated the cohabitation contract, who will notify the contract with the annotation of the termination of the contract to the registry office of the municipality of residence. (Article 1 paragraph from 59 to 63).
Normative requirements: 20 law May 2016, n. 76