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posted 9 years ago
According to the judgment No 3263/2016 issued by the Italian Court of Cassation, if the Beneficiary of a Life Insurance is not united by any bond of maintenance or economic dependence to the insured, the Life Insurance is an indirect gift – carried out in a spirit of liberality (according the Court the latter should be considered a presumption of law unless proved otherwise). The Article 775 of the Italian Civil Law will apply to the case at issue. As consequence, if the Life Insurance is signed by an unfit to plead (“incapace naturale”), it could be nullified. We are waiting for the judgment of the Merits Courts.
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