RECOGNITION OF THE RIGHT TO ENTER INTO CIVIL MARRIAGE IN ITALY FOR ISRAELI CITIZENS WITHOUT A PERMIT

The Court of Spoleto, in a recent ruling, granted the request submitted by the Coen Law Firm, recognizing the right of the appellants, both Israeli citizens, to marry without the nulla osta required in Italy to publish the marriage banns, which cannot be issued by their home country.

The municipality where the appellants wished to marry had refused to publish the marriage banns due to the lack of the nulla osta required by Article 116 of the Italian Code of Civil Procedure. Therefore, the appellants, assisted by the Coen Law Firm, filed an appeal with the competent court, arguing that they did not have the nulla osta required for the recognition and registration of their civil marriage in Italy. The lack of such documentation, due to different legislation in their country, required by the municipality responsible for publication, resulted in the refusal to register the marriage with civil effects of the parties.

On this basis, the same Court hearing the case, adhering to a now-solid case law on the matter, stated that: "in cases where the submission of the authorization is made impossible either by the factual circumstances existing in one's country or by legislation imposing conditions for marriage that are contrary to public order, the foreigner must be considered entitled to prove by any means the existence of the contrary conditions for marriage according to the laws of his or her country, with the possible exception of those that conflict with public order" (Court of Milan, Civil Section IX, decree of March 16, 2016).

The Court hearing the case, in this case, established that proof that allows the limitation set by Article 116 of the Civil Code to be overcome is a notarial deed certifying the absence of impediments to the marriage and, consequently, granted the application.