Fatal car accident attorneys in Italy.
The rights of fiancÚ and unmarried partner.
When a person dies in a car accident, pursuant the Italian legal system his/her relatives are entitled to a compensation for the damages caused by the loss of parental relationship. Generally, this right is granted to the parents, sons, daughters and siblings (according to the most recents judgment of the Italian Supreme Court also the grandparents are entitled to receive a compensation for the loss of parental relatioship caused by a fatal road accident).
About the unmarried couples, even if the Italian succession law doesn't recognize any right to the fiance or the unmarried partner, they have the same rights of the other relatives in order to ask a compensation for the loss of family relationship caused by the death of the partner. In fact, if the fiance or unmarried partner is able to demonstrate that his/her relation with the victim of the accident was strong and lasting, he/she has the right to be compenseted, even if the couple didn't cohabit at the time of the death.
This is possibile because the main requirement for the compensation of the damages caused by the loss of parental relationship is not the existence of a legal parental relationship, but the existence of a relationship (also de facto) between two persons, characterized by lasting and significant commonality of life and affection.
This orientation of the Italian jurisprudence is a good news for all foreign unmarried couples (also same-sex couples) not recognized as marriages in Italy.
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Published on 08 February 2016
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