Studio Legale Sant Andrea



 

 

Feudal titles and their recognition

feudalism

 

The feudal land ownership ( feud ) is an autonomous territory obtained the temporary use of Suvernev ( supreme lord ) within the territory of proprietary Crown. Feud also appropriated noble degree , depending on the merits and virtues of the vassal, who passed on this feud . Feuds could be alienated , purchased , transferred, daritsya , or pawned , as we have , for example, can be read on pages 73 and 74 work "History of feuds and aristocratic titles Sicily" , Volume One , from San Martino De Spukkes : " Vincenzo Imbarbara purchased from Federico Crispo feud Alia [... ] , Don Filippo Crispo , Baron Prizzi , received a gift of the rights of husband and Fiordilizhdy Imbarbara Osorio May 4, 1546 [... ] , and Giovanni Battista Chelestri Chelestri received investiture as baronies Alia and nameless land [ ...] to the death of his mother Marianne Chelestri [ ...]. " Again on page 235 , Volume VII of the above can be easily found , " Egidio Pietrasanta was granted the title (Prince of San Pietro ) 1 ° February 1744 [... ] . Alienating the land of San Pietro , along with other land owned by him in favor of the territory of Giuseppe and Maria Kyarentsa Trigon [... ], and the titles and honors that belonged to the lands , with their transition to the new owner was granted both to the owner and his family and relatives [ ...]. " In Kalatubo "From prehistory to the present day ," Vincenzo Regina , Cartography , ( Alcamo , 1985, page 39) says: " Graziano Ballo 9 February 1583g . Act by the notary Antonio Lazzaro from Palermo ( Palermo State Archives , Volume 1681, Table of Contents XII, 1583-84, ff. 627v-647v.) acquired the fief and Baron Kalatubo at the Earl of Kaltabellotta , and the Duke of Beavon , Giovanni De Luna and Peralta departed possession as investiture September 26, 1576 as a result of his father's death D. Pietro , the statement than Duke secured the notary acts Risalibi di Raffaello Cans March 26 1583g . " . King Charles III of Bourbon Royal Decree of 25 June 1756 . ruled that the family owning the noble fief have the right to classify themselves as the class of the "noble gentry " of the Kingdom . In clause «Volentes» Federico d'Aragona 1296g . allowed the opportunity without the requisite prior approval of the lord exchange , lay , donate or bequeath feud even along with the title , by an act in the course of life in favor of the most decent , transferor or a person of equal dignity , the same operations can be performed and the cause of death . Church and clergy were excluded from this rule. And in some cases even apply the rules of the advantages of the royal court ( NOBLE ITALIAN LAW - Carmel Arnon - Ulrika HOEPLI - MILAN 1935 - page 35). International Court of Justice for civil cases , a permanent body of the Arbitration Court of Justice in Lugano , very gravely notes in the announcement of the verdict on October 30, 2006 number 1/06 , the enforceability in the decree of the President of the Italian Republic Ordinary Court ( court of general jurisdiction) , the Lugano from 25-01-2007 , the list number 167, as follows: " clause " Si aliquem " King Giacomo d'Aragona edict and Ferdinando I of Bourbon October 3, 1786 . and 14 November 1788 . seem rather opposing this regime , yet , said the court considers that, since the clause "Volentes" allowed not only the sale of the feud and the assignment of a person related to the feud of the title, but also an inheritance under a will in favor of a person not being in the kinship , the feudal lords had complete freedom to provide testamentary dispositions regarding feud and title on your own , knowing that both the constitution and "Si aliquem" King Giacomo and said two of the Edict of Ferdinand I of the Two Sicilies refers specifically to the legitimate inheritance , not testamentary . "

 

 

The acquisition of a title of nobility on the basis of actual possession (in the case of the acquisition of its previously non-violent and legal way)

 

Article 14 The provisions applicable to the fleur-de - controversial issues of noble character of the Arbitration Court of Justice states that " the kind provided for in Art. 133 of the Royal Decree of 21 January 1929 ., №. 61, relative to the established order and rules relating to the Italian noble status and receipt of aristocratic distinctions and honors on the basis of long possession (provided that these distinctions and honors acquired a non-violent and legitimate way) , it is recognized in the manner appropriate solutions unforeseen issues vozniknuvshego in the current trial , the right of the owner of an aristocratic title to his inheritance from the last person who was granted the title in the event that the presence of the above-mentioned recent investiture was installed before August 10, 1812 . , or prior to the date preceding the abolition of feudal rights . investiture The first and last are subject to mandatory confirmation on the basis of archival documents issued state administrative agencies. holder to a title of nobility , the norms of Italian civil Code governing the right to bear the title. possession titles based on the acquisition of title by non-violent and legitimate , must be certified by a notary . " Titles of nobility , whose last investiture was set up to 08.10.1812 , may be the subject of ownership , for the reason that up to this date titles of nobility without royal consent on the basis of " clauses Volentes" King Federica d'Aragona of 1296g , to share , laid , daritsya , or is the subject of testamentary dispositions ( Italian noble family law, history and device textbook Hoepli , Carmelo Arnone , Ulrika Hoepli , Milan , 1935 page 35). After 10 August 1812 . lordships were converted into honors, representing the exclusive property of the Crown , created on the basis of the right of assignment , passed on down the family line of the first person who received the right jure sanguinis, in accordance with certain rules . Article 14 The provisions applicable to the fleur-de - controversial issues of noble character , administered by the Arbitration Court of Justice recognizes that a person with a title of nobility , received a non-violent and legal means , the right of inheritance from the last person who was granted the title in the event if the presence of the above-mentioned recent investiture was established before August 10, 1812 . This regulatory provision that could be incorporated by reference in the agreement to the international arbitration , Art. 832 Italian Code of Civil Procedure , the first paragraph is based on Art. 133 of the Royal Decree of 21 January 1929 . Number 61 on the established order and the norms in respect of the Italian noble status, under which up to 31 December 1932 . receiving " aristocratic distinctions " would be legitimate on the basis of the proof of the " long-term ownership of the acquisition of a non-violent and legal means " noble title . In Italy, adding to the aristocratic families of predicates by the decision of the constitutional legislative body in accordance with paragraph II XIV interim and final orders and decision of the Constitutional Court, in accordance with the sentence 101/1967 , subject to the standards imposed by the Ordinance on the protection and protection of the right to the name , as a result of that, given the unconstitutionality of heraldic noble - law and the provisions of paragraph 1 ° XIV of time and the final disposal of the Italian constitution , the possession of the aristocratic characters differences governed by Article 1140 and other articles of the Italian civil Code. According to Professor Aldo Pezzano , Associate Professor University of Rome ( IT . Jur. , 1967, page 1334) , a title of nobility shall be regarded as a right of the individual and the purely private nature as essentially equivalent to the right to the name . For these reasons, possession of a title of nobility is governed by the Civil Code. C in terms of the legal system of the concept of ownership corresponds to the actual power over a thing , which is expressed not only in the form of activities in agreement enforceable property rights, but also to any other existing law. - Cass . 21-10-1971, № 2968 , Reg. volume. 354232 .
The components of the concepts of ownership are: a ) animus; b) the ability to act , in ) corpus.

 

A) animus Under «animus possidenti» ( purely psychological element conviction of belonging ) means the actual manifestation of power in relation to any subject as his own in the form of proper execution of the property or any other existing law, the exclusive intention of the party , which has this power to return the employed or recognize the rights of third parties on it . " Animus possidenti», necessary for the acquisition of the property by right usucaption ( right of property ownership by prescription ) the person exercising actual power over a thing , is not based on the belief that the person is the owner , but rather on the belief that all his behavior characterizes it as such. Therefore , the awareness of having the right without a legitimate presence does not rule out that the possession of its purpose may be usucaption . - Cass . 15-07-2002, № 10230 , Reg. volume. 555727 . But it should be noted that the «animus possidenti» not excluded the realization that the self is no real ownership of the fact of owning any legal right or evidence of specific power itself . - Cass . 27-05-2003, № 8422 , Reg. volume. 563618 .

 

B) the ability to act for the acquisition of ownership is not necessary to demonstrate the ability to take action in order to commit legal transactions, but enough to show the intention and desire to achieve practical goals, hoping to obtain the protection of the legal system on the basis of well-deserved.

In ) Il corpus ( the possession of the title ) The concept of «corpus» should not be understood as a possession in the materialistic sense , but rather a need to associate it with the benefit that it can deliver the subject of ownership in the form of manifestation of the proper implementation of the activities for the implementation of property rights , or any other existing law. Power over any object encompasses a broad understanding of the possibilities of domination over him, perhaps even physical contact except for between the person and the object is not created such a substantial and long-term obstacles that would interfere with the proper implementation of the activities for the implementation of property or any other existing law. - Cass . 23-10-1969, № 3470 , Reg. volume. 343589 . 1 ° Art. 1145 of the Civil Code shall revoke ownership of objects , the ownership of which can not be bought . The rule applies to the kinds of property that can not be the subject of ownership by a private entity , for example , the road is a public or public property. Usucaption , in accordance with Art. Gr.k. 1160 , in all cases, personal property or existing rights of use to them is attained because of the continuous twenty years of ownership. Getting usucaption does not apply to the ownership, acquisition violent and illegal means, in accordance with Art. 1163 gr.k.

 

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