persons

• Legal relations are the relationships between two or more subjects or relations with things.
• The active side of legal relations includes rights, powers, licences, and expectations.
• The passive side of legal relations includes duties, obligations, subjections, and burdens.
• A subjective right is the power conferred by the law to a certain subject to freely act, in certain domain (e.g property).
• Subjective rights are born as universal and unconditional rights, but they can be limited in the interest of other subjects or public interests.
• The original idea for subjective right was that it cannot be limited, but the situation has changed, for example, during COVID19 lockdown.
• Relative rights are toward some subjects.
• Absolute rights are toward every other subject.
• Property rights (diritto reale) are on tangible things, against anyone.
• Choses in action, or credit rights or obligations, are against specific obligors.
• Article 19, 21, and 22 of the Costituzione (Italian Constitution) protect rights such as freedom of religion, freedom of speech, and freedom of political ideas.
• Domicile is the place where the person takes care of his affairs and interests.
• Residence is the place where the person has his regular abode, normally leads his life.
• The right to honour is a fundamental right in Italy.
• 32 provides that nobody can undergo medical treatments without their consent.
• Residence, domicile, and abode are legal concepts in Italy.
• The right to personal truth states that people have to tell the truth about you.
• There is a law in Italy about the obligation to inform people on the medical treatments.
• Patrimonial rights concern money, value etc.
• The General Data Protection Regulation applies to all data processed in Europe or by companies or entities with branch established in the EU, companies offering goods or services or monitoring the behavior of individuals in EU.
• The right to free movement allows us to be free to move wherever we want, except in an emergency situation.
• The right to privacy, as per the privacy code, is a fundamental right in Italy.
• Personality rights concern the single individual.
• Disposable rights are rights that can be disposed of, for example, the right of vote or freedom to marry who you want.
• Non-disposable rights are rights that cannot be disposed of, for example, the right to life or freedom from torture.
• The abuse of a right is created by judges and doctrine.
• Private law is concerned with both individuals and collective entities, classifying the latter as legal persons.
• There are different degrees of incapacity to act, depending on the degree of the so-called natural incapacity, which is inability of understanding and intending and the inability to form a will or an intention or to look after one's own interests.
• Natural persons are individuals, each with their own legal capacity, while collective entities, such as associations and foundations, are classified as legal persons.
• Parents' acts of administration and disposition of children's patrimony must be performed according to the civil code provisions and, in certain cases, must be approved by the Tribunal, otherwise they can be annulled.
• Capacity to act, also known as capacity to exercise rights, is the power to perform valid legal acts and transactions, acquired with legal majority at 18 years old.
• Emancipated minors, at 16 years old following their marriage or under other special circumstances, are legally incapable to exercise acts.
• Adults who suffer from habitual mental infirmity and thus are completely incapable of looking after themselves are declared judicially interdicted and are assigned to a guardian.
• Less severe degrees of incapability of understanding and intending, such as less serious forms of mental infirmity, blindness or deafmutism, lead to another form of support: the declaration of disability and the assignment of the disabled person to a curator.
• Minors under 18 are presumed to be unable to form any will or intention, and for this reason are always considered legally incapable of acting.
• Legal capacity is the eligibility for rights and duties, acquired at birth.
• The guardian represents the interdicted person in all civil acts other than strictly personal ones such as marriage and will.
• The legal action to fulfil the legitimate right would create an unjustified damage to a third party or the general interests, because of circumstances, purposes or results.
• The Constitution of 1948 provided the principle of equality between spouses (Art. 29 Const.), however this parity was implemented much later, in 1974 with the Family Law Reform (Law No. 151 of 19 May 1975).
• Private company: A legal person with a prevailing personal element.