Diritto delle successioni nei rapporti italo-svizzeri: questioni aperte

Di Marta Cenini -

The increasing mobility of individuals and families, which has recently slowed down due to the pandemic but which has been a growing trend for several years, has led to the legislative reform of international succession law and to a new reading of the legislation applicable to Italian-Swiss relationships by case law. The latter are governed by the Swiss Federal Law on Private International Law of 18/12/1987 and the Treaty of domicile and consular between Switzerland and Italy of 22 July 1868. These rules have long been interpreted in the light of the Italian Law No 218/1995; therefore, the introduction of the European Regulation No 650 of 2012 has created difficulties in their interpretation and application, so much so that some interpreters suggest a “return” to the interpretation of art. 17 of the Treaty that was given prior to the Law 218/1995. However, this conclusion is not entirerly satisfactory since it leads to the application of the law of citizenship, which is regressive in Europe.