Applicable Law
1. Is condominium possible? Describe condominium in your system (EU Adapt project)
Yes. The institution of the co-ownership is provided by art. 1100 ss. Civil Code. A community on the right of ownership where each owner has a pro indiviso share over the right. The portion of each co owner in the common right is called” share”. (art. 1100 Civil Code)
2. In your national system, do you have an arrangement which broadly follows that description? If so, what is it called in your language(s)? Please describe it in this factsheet.
In Italy there is a legal instrument called condominio.
The condominio exists when in a building there are at least two units exclusively used by individual owners and common areas jointly owned and used by the unit owners.
This determines the applicability of condominium rules.
There is not, in our system a foundational title deed, condominium starts to exist, as said, only by the fact over described.
However, through an agreement between the owners, some areas, which are usually considered common areas, can become exclusive.
A list of common areas is contained in art. 1117 of Italian Civil Code.
This provision, and others concerning condominium, has been modified by national law nr. 220 of 11th December 2012 and will come into force on 13 th of June 2013.
Following the jurisprudence, this list contained in art. 1117 c.c is not exhaustive.
The criteria to determine whether an area is considered common is to see if the same is at the service of two units owned by different owners. This connection, called instrumental determines the co-ownership on the property, unless an agreement states differently. As a consequence, in the condominium there can be areas common to all units and areas only common to some. This is called by the judges partial condominium.
3. If your national system does not have an arrangement like that, or if it does, but also has a different arrangement which is commonly used to govern the ownership of apartments, please also describe, in this fact sheet, the arrangements commonly used.
The Law applicable is the Italian Civil Code: articles from 1117 to 1139, articles 61-72 Disp Att. C.C. ; all these provisions have been updated by the Law mentioned above.
Some special Regulations integrate the Civil Code and the LR Law.
Artt. 1100-1116 about ordinary co-ownership are also applicable.
Jurisprudence is however the main source of regulation of main cases in matter of condominium.
4. In your national system, which laws or regulations rule the arrangements you describe (or are relevant for them)?
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