Weekly Newsletter Italy: rules governing a power of attorney granted overseas; FITs — retrospective cuts: government erring on side of caution
Litgation and dispute management — rules governing a power of attorney granted overseas
A power of attorney granted to a lawyer representing a party in Italian litigation is governed by the rules of Italian civil procedure even where it is granted abroad.
Accordingly, such a power of attorney can be granted in the form of a public deed or a private deed certified by a public notary. The substantial validity of a power of attorney is governed by the lex loci, provided that the latter encompasses the institutes of a public deed or a private deed certified by a public notary in such a manner not to oppose the general principles set out under Italian law…
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