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.
Legal capacity is the ability to have legal relationships and is acquired at birth. From that moment a person may be entitled to rights and obligations.
This is not the same thing as the ability to exercise such rights and obligations, which requires that the subject have gained some awareness of his or her actions: upon attaining majority, fixed at 18 years of age, a person acquires the capacity to carry out any action (except specific cases for which a different age is established).
Minors, therefore, are not able to make use of their rights and are subjected to parental responsibility; where the parents are missing or cannot exercise authority over the child, protection comes into play with the appointment of a guardian to administer the child’s property.
In the case of adults who cannot care for their own interests, the law provides as follows:
In all cases where property transactions are to be performed for minors or others lacking legal capacity, those who assist or administer (link to amministrazione di sostegno) the property of the incapacitated persons, must be very careful to behave in accordance with the law. It can happen, for example, that commitments are made in the name and on behalf of incapacitated persons not in accordance with the law: this is illegal and dangerous behaviour as not only is it not binding on the incapacitated person toward the third party, but it exposes the representative to precise and grave responsibilities both toward the incapacitated person and toward the third party.
The role of the Notary
In the management of assets of an incapacitated person, the notary, given his specific knowledge on the subject, can suggest the most appropriate solutions to suit specific requirements.