Legal proxy representation in Italian courts for non-Italian residents

A natural or juridical person, even though he/she is not Italian and is not resident in Italy, may be obliged to appeal to the Italian judicial system in order to protect their rights.

This generally happens when the counterpart, which means the person who is being sued in a legal proceeding, is not an Italian citizen but has got either residence or domicile in Italy (or he/she has contracted another person in Italy to represent them in court);

Specifically:

  • If you are seeking compensation for damages related to a tort that has occurred in Italy (for example: damages that you may have suffered as a result of undue care to an item or domestic animal in another’s custody or responsibility; damages resulting from manufacturing flaws of goods produced in Italy; damages resulting from being seduced through a promise of marriage, etc. ...);
  • If you want to obtain compensation for crime related damages, for which a criminal trial in Italy has been initiated (for example theft of items that were carried by foreign tourists staying in an Italian hotel on holiday; damages related to an accident involving a foreigner that has occurred in Italy, and so on...)
  • If you want to appeal to inheritance laws upon the death of an Italian citizen or for own goods located in Italy;
  • For adoption (both in the case of adoption made by and of an Italian citizen or a person living in Italy);
  • For paternity tests of the own child, whether the father is an Italian citizen or is resident in Italy.

For all these (and more) cases, the power of attorney can be conferred remotely, meaning that the client need not even visit our office in Italy.

The power of attorney can be given under the following conditions:
  1. Agreements among the parties (client and lawyer) on the object of the job and its remuneration can be reached by email (info@studiocascianoguerrini.it), preferably in Italian language (or English or French) and then issued in a proper contract that will necessarily be prepared in Italian (please refer to the section “Modelli” of our website);
  2. The required documentation can be sent by mail (email or post), also the client’s declaration with which he authorises the lawyer to work with the client’s personal data (privacy consent to be issued in a proper form provided by our legal office).
  3. This act confers to the lawyer the power to represent the client in a legal proceedings (proxy for appearing in court) and it can also be issued with validity abroad (and then sent per mail to the legal office).
In detail:
  1. Italian citizens living abroad, can be assisted by the local Italian consulate in the fulfilment of notarial acts such that they just need to go there with their official identity documents, their fiscal code, personal particulars of the lawyer and with the subjective and objective necessary elements in order to identify the cause /proceedings;
  2. People who are not Italian citizens, will have to attend a notary or other public officer in their own country who will expressly attest that the proxy has been signed in his/her presence after determining the signatory’s identity. Subsequently, the power of attorney will need to be translated into Italian and the translation legally approved for conformity to the original and witnessed (facilitating the acknowledgement of its validity in Italy as well).

For all these further processes (namely translation, conformity assessment and legalisation) the party concerned will need to address the Italian consular authority abroad, except in cases where the country of origin has ratified the Hague Convention of 5th October 1961, in which case he/she will have to address the domestic authority designated by his/her country (usually it is the Ministry of Interior).

The countries that have ratified the Hague Convention of 5th October 1961 are the following: Albania, Andorra, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Barbados, Belarus, Belgium, Belize, Bosnia and Herzegovina, Botswana, Brunei-Darussalam, Bulgaria, Cape Verde, China (Hong Kong), China (Macao), Cyprus, Colombia, Costa Rica, Croatia, South Korea, Denmark, Dominica, Ecuador, El Salvador, Estonia, Russian Federation, Fiji, Finland, France, Georgia, Germany, Japan, Great Britain, Greece, Grenada, Honduras, India, Ireland, Island, Cook Island, Marshall Islands, Israel, Italy, Kazakhstan, Kirghizstan, Lesotho, Latvia, Liberia, Liechtenstein, Lithuania, Luxemburg, Macedonia, Malawi, Malta, Mauritius, Mexico, Moldova, Monaco, Mongolia, Montenegro, Namibia, New Zealand, Niue, Norway, Oman, Panama, Netherland, Peru, Poland, Portugal, Czech Republic, Dominican Republic, Romania, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Sao Tome and Principe, Serbia, Seychelles, Slovakia, Slovenia, Spain, South Africa, Suriname, Sweden, Switzerland, Swaziland, Tonga, Trinidad and Tobago, Turkey, Ukraine, Hungary, USA, Vanuatu, Venezuela.

POWER OF ATTORNEY AD LITEM (template/fac-simile) Download file