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.
Blood relations and relations by marriage
Blood relationship is the tie that exists between individuals who are descended from the same person.
Legally, we define:
This distinction is relevant to the calculation of the degree of the relationship itself. In particular:
It is therefore useful to dispel the misconception that very often enters the common language: for example, so-called “first cousins” are actually fourth degree relatives.
The degree of relationship is important because, in general, the law does not recognise bonds of relationship beyond the sixth degree. This means, for example, that people bound together by a more distant relationship between them have no legitimate claim in each other’s succession.
Thanks to the recent rules on recognition of natural children, our Civil Code expressly provides that:
As a result, nowadays, there is no difference between children born in or out of wedlock, in either personal or property terms.
This is the relationship between one spouse and the blood relations of the other.
As it is for blood relationships, for relations by marriage it is also possible to distinguish various lines and degrees. More precisely, in the line and degree that anybody is a relative of one of the spouses, he is a relative by marriage of the other spouse (e.g. son-in-law and mother-in-law are related to each other by marriage in a direct line in the first degree).
Consequently, this kind of relationship is, by definition, an institution linked to marriage: the recent reform in the area of filiation, therefore, has not in the least affected the relevant provisions.