Aree di attività

Separations, divorces, de facto couples and civil unions

This area includes proceedings concerning: consensual and judicial separations, joint or judicial divorce, assisted negotiation, de facto couples and civil unions.

Family and child protection issues are, in the context of civil law, one of the areas where the professional activity of the Boscagli Law Firmis most concentrated.

The activity of the study focuses, in particular, on all the issues concerning the pathological moment of the marriage relationship, taking care of the tasks that lead to the separation of spouses, as well as the eventual subsequent phase of the divorce. The legal assistance provided in this area by the Boscagli Law Firm., is carried out by paying painstaking attention to the problems related to the custody of the offspring, connoting for the constant interest in all the issues underlying the continuous evolution of legal institutions in this matter.
Peculiarity of the Boscagli Law Firm is the focus on issues of international law relating to the recognition of judgments and foreign jurisdiction in relation to the status of persons and family law, as well as to the interpretation and application of that set of rules that goes from law international agreement with the reference Community legislation, with particular regard to regulation no. November 27, 2003.

In summary, the Boscagli law firm provides comprehensive legal assistance even in the case of consensual and judicial divorces and separations. Divorce lawyers are at your disposal to:

  • consensual and judicial separations
  • simplified, joint or judicial divorce
  • assisted negotiation
  • assessment of the assets of one of the spouses
  • quantifying maintenance allowances
  • protection of the safety of one of the parties or offspring with orders to protect and remove the spouse

In our system there is the right to bigenitoriality. Thus, the parent, even if the child’s rightful foster car, cannot arbitrarily deprive the child of the other parenting figure, but rather has an obligation to educate and raise awareness of the child to have an ongoing relationship with the other parent.

In cases of separation and divorce, the assistance offered by Boscagli Law Firm deals with both the regulation of relations between former spouses and the protection of minor children. Issues addressed by our professionals include joint custody, the protection of the child in the event of distorted use of parental responsibility or unlawful transfer of children abroad, judicial or voluntary recognition of children by natural parents, and actions before the court to protect if the child remains bereft of the parents or the latter prove unable to exercise responsibility for it.

The transfer of the child from the environment in which he grew up and has always lived, where he built the center of his affections and interests and the first important points of reference in the delicate phase of the growth and formation of the personality, constitutes a real act of violence, likely to cause serious damage to the psycho-physical well-being of the child.

The Boscagli law firm has considerable experience in the field of national and international child abduction, applying specific and complex procedures to ensure the return of children unlawfully stolen and taken abroad.

Normally, it is essential to act on several fronts by submitting to the Children’s Court an appeal for the suspension/decadence of parental responsibility towards the parent who took the child away. At the same time, a complaint may be filed before the Public Prosecutor’s Office for the crime of international child abduction.

There is also a specific procedure under the Hague Convention which must be activated in order to allow cooperation between judicial and police authorities belonging to different states, to ensure the return of the abducted child.

Juvenile law and international child abduction

It includes all aspects of juvenile law and procedures to ensure the return of children unlawfully stolen and taken abroad.

Paternity recognition and disclaimer

We specialize in procedures regarding paternity recognition and disclaimer and we have a great experience about these topics

The Boscagli law firm specializes in the paternity recognition process which is an act by which the parent attributes the paternity of a person by creating a legal relationship with the same. The discipline of the subject is also the subject of legislative review by Law 154/2013 which removed all references to the term “natural children”, legally equating children born within and outside marriage.

Through recognition, a purely natural fact, such as the birth of a child outside marriage, is transformed into a law-free act capable of producing legal relations between the recognition-making parent and the recognized child. Recognition may be made by the mother or father in the act of birth or at a later date with a special declaration before a civil officer or in a public act or in a will.

The action can be promoted by the child and if the child dies before the action has begun, it can be promoted by the descendants within two years of death. Proceedings may be brought against the alleged parent or his heirs. In the absence of these, the action is brought against a curator appointed by the Judge before whom the proceedings must be initiated.

We are also experts on the related theme of paternity disclaimer which is a judicial action that can be proposed to remove the attribution of the paternity of the child conceived during marriage to the husband. In fact, it is assumed that the spouse is the father of the conceived child; but it may not be so. In order to deny the paternity of the husband, art. 243 bis provides for the action of paternity disclaimer.

The action can be proposed not only by the husband but also by the mother and the child. The natural father is excluded. The applicant must prove that there is no relationship between the child and the alleged father.

The Boscagli Law Firm is available to provide advice on hereditary and estate matters, in particular:

Verification of the wills: we deal with the drafting of the will on the basis of the provisions of the tester, going to check whether the testamentary provisions do not affect the rights of legitimate heirs.

Declaration of succession:the firm is responsible for drafting the probate declaration and presenting it to the relevant offices

Testaments: The study, using expert calligraphic experts, verifies the genuineness of wills and if it appears that the will of the de cuius has been altered, provides legal and out-of-court assistance, in order to protect the heirs pre-planned. Appealing wills detrimental to the right share of

Judicial actions to protect the inheritance: the study provides assistance to the rightful heir who has been damaged by the succession by preparing the actions of reintegrating the share of legitimate, reduction and hereditary petition and the action of division of the hereditary mass. When the rightful share is violated by the de cuius, as a result of dispositions, or donations, or in the case of a will, there is an injury of the legitimate.

Renounces inheritance: The firm offers advice in case the heir is upset to accept the inheritance, often for fear of having to pay debts of the de cuius.

Transactive solutions and mediation in inheritance and hereditary issues: the study offers assistance in order to arrive at transactive solutions between heirs, facilitating the resolution of family problems.

Acceptance of the simple inheritance with the benefit of inventory, appointment of curator of the lying inheritance: the study provides assistance to the heirs and offers advice in the acceptance of the inheritance, even if another coerde does not express its willingness to accept it, ad ading the Judge to set a deadline to accept it with the benefit of inventory.

Direct donations and indirect and simulated donations, modal donations: the firm provides advice on donations between spouses, donations for children, donations for a future marriage and in donations with the right to use.

Successions

We give highly qualified advice in the drafting of wills and their eventual appeal in the event of nullity or annulment, as well as in the case of direct and indirect donations.

Asset management, trust, wealth fund

We offer a comprehensive and organic analysis of all solutions and opportunities provided by civil law and tax legislation such as: Trust, donation, family pact, will, corporate instruments and capital fund.

The analysis of family assets and the correct management of the generational transition are today the best protection to ensure its preservation, preserving its heritage from external aggression and/or to facilitate its transmission to the heirs.

The Wealth Fund and The Trust are both characterized by the existence of a wealth intended for a purpose and realize the separation of it from the remaining assets of the holder, that is, the so-called “segregation”. The trust has the obligation to target a specific purpose that for the capital is “the needs of the family”, while for the trust is “an interest deserving of protection”.

The Boscagli law firm, leveraging its 20-year expertise in inheritance, corporate, financial and tax, judicial and out-of-court, as well as its ability to identify the most suitable solution and adequately assess its consequences, offers a comprehensive and organic analysis of all the solutions and opportunities provided by civil law and tax legislation, as an example , from the Trust to the donation, the family pact, the will, the corporate instruments, the wealth fund, the insurance policies, for the proper planning of activities aimed at the protection and succession of assets, both before and after the death of the holder.

Starting from the examination of the family, income and social elements and the civil and inheritance constraints that must necessarily be evaluated by the owner and his advisor, the professionals of the Firm examine in detail the civil and fiscal discipline of all successor institutions, corporate and financial, providing for each of them the necessary indications to assess risks and benefits by interpreting the will and expectations of the client , all in absolute confidentiality and with the utmost diligence, timeliness and efficiency.

The primary objective, in fact, in addition to the protection of goods from third-party aggression, is to optimize the management of assets, in order to allow the actual achievement of the objectives set by the owner, even in the estate.

Ensuring continuity of management in the transition from one generation to another is a need very much felt by Italian companies. In an economy characterized by the presence of many family companies, the generational transition is often experienced with difficulties, and in some cases the quarrels that arise between the heirs are the cause of a real crisis of the enterprise.

Boscagli Law Firm has gained extensive expertise and experience in the development of a family pact in order to allow the living entrepreneur to transfer, in all or part, the company. In particular, the holder of corporate holdings transfers them, in whole or in part, to one or more descendants, with the consent of the spouse and all those who would be legitimized (necessary heirs), as if the succession were to open at that time. Those who receive the company or the corporate holdings must liquidate the other legitimizers by paying them a sum corresponding to the share of inheritance that would be theirs, unless they give up in all or part of it.

It is important to note that the transfer of the company or corporate holdings takes effect immediately and definitively, so it can no longer be called into question even after the death of the holder, except for a few exceptions expressly indicated by law. The company or corporate holdings covered by the family pact are not part of the succession at the time of the claimant’s death, and the reduction action against the transfer is not permitted, which must therefore be understood as final.

Family pacts

We are able to support the client in the stipulation of a family pact with which a kind of early succession is carried out, that is, the transfer, in whole or in part, of the company holdings.

Contracts and corporate law

We have a long experience in corporate law, assisting companies in transactions such as: Corporate Constitution and Transformation, liquidations, mergers, demergers, business transfers and divestments, corporate restructurings.

Boscagli Law Firm has a long track record in corporate law, assisting companies and groups in transactions such as:

  • Constitution, variation, corporate transformation
  • Extraordinary transactions(liquidations, mergers, demergers, transfers and company divestments)
  • Corporate and corporate transfers: disposals and company rent, sale of social shares, withdrawals and memberships
  • Business restructuring
  • Company rating and/or quotas
  • Lease and commercial loan
  • Other contractual forms related to the management of the company and the needs of the company

The assistance extends to all phases of operations such as: due diligence, structuring and planning of the transaction, the letter of intent, negotiation, drafting and execution of contracts, including those of financial support and parasocial and statutory agreements.

The professionals of the Boscagli Law Firm also have a long experience in the field of assistance to corporate bodies and of holding functions of secretary of assemblies and boards of directors.
The firm constantly supports its customers in the setting and formalization of contractual relations with other companies and with private individuals. In particular, the firm assists clients from the first stage of the negotiations, with the appropriate management of the issues of confidentiality and the preliminary setting of the contractual relationship, up to the drafting of each negotiating document.
Finally, the firm manages, internally, all the practices to be submitted in the Register of Companies.

The Boscagli Law Firm offers expert advice and assistance in intellectual and industrial property,in relation to trademarks, patents, designs, know-how, industrial secrets, not disclosure agreements, software, domain names, works of ingenuity, right of image.

It supports customers with opinions and assists them in signing contracts such as, among others, the sale and licensing of trademarks, patents, software and know-how, coexistence of trademarks, merchandising, edition for prints, divestment and licenses of the use of economic use rights on the works of ingenuity, sponsorship, development and sale of formats.

In addition, assistance is provided in the registration procedures of trademarks,at national and European level.

The firm works in court, ensuring assistance in the protection, even as a matter of urgency, of industrial and intellectual property rights as well as in the fight against acts of unfair competition.

Copyright and intellectual property

We support creators and inventors to ensure the exploitation of their creations/inventions, which are original and the result of their ingenuity, giving them numerous legal tools to protect themselves from abuse by unauthorized persons.

Transactions and arbitration

We are able to defend our clients in court and arbitration litigation in all areas involving companies, both urgently and routinely.

Boscagli Law Firm defends the client in judicial and arbitration litigation in all sectors involving companies, both urgently and routinely, even using a network of reliable correspondents abroad.

The experience of the professionals of the Boscagli law firm In the specific activity of litigation and arbitration is enriched and completed, with regard to the specific matter of damages from the specialist competence of some consultants from the economic field, the aim is to ensure a global understanding of damages, in a context of reference in which litigation increases in quantity and quality.

The assistance includes assessing the risk of succumbing and managing relations with the other party before the litigation phase, through alternative means of dispute resolution (ADR), conciliation and mediation proceedings.

Professionals of the Boscagli Law Firm participate in arbitration judgments as members of the arbitration board or unique arbitrators, appointed by the parties or delegated bodies (Presidency of the Court/Court of Appeal, President of Professional Orders).

  • The main areas of intervention are:
  • disputes over contracts between companies,
  • banking and financial disputes,
  • disputes with public bodies and public administration,
  • disputes with consumers,
  • copyright disputes,
  • disputes in telecommunications, the internet and computer science law,
  • credit recovery and enforcement procedures for expropriation, securities, third parties, real estate.