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Additional resources for Italian Private Law (University of Texas at Austin Studies in Foreign and Transnational Law)

Sample text

Illegitimate possession can be in bad faith (as when A knows B owns the house and is going to return, or C steals D’s watch) or else in good faith if the illegitimate possessor was not aware that there was no competent instrument (as when a peasant cultivates a strip of land belonging to his neighbour, wrongly believing it to be his own). Possession can further be direct or indirect. It is direct when the possessor has the immediate exercises of the powers attached to the property and indirect when exercised through others who detain the property.

In such cases, unless the missing person already has a legal representative, a trustee is appointed. A request can be made to the court by any interested party. 2) as they can be given a general authority to perform acts of disposition. 2. Absence. A disappearance which continues longer than two years is defined as an absence (Art 49 civil code). A declaration of absence, made by a court, can be requested by presumptive heirs and by anyone with an interest. The effects of such declaration are significant, as it gives rise to a legal uncertainty as to whether the absentee is still alive; his rights are provisionally transferred 31 32 Natural Persons to the presumptive heirs and legatees (Art 50 civil code), who may also request the temporary discharge of possession of goods by posting a bond with the court (Art 50 civil code).

7. 1. Basics The obverse of rights are certain requirements which are divided, in the Italian legal tradition, into duties and obligations. These terms are not used interchangeably. On technical grounds one reserves the term obligation to indicate the position of an obligor who is constrained, or has undertaken, to behave in such a way that the obligee may acquire a sum of money loaned or receive a promised prestation. This is thus a situation where an entitlement on one part implies and requires due compliance on the other.

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