House buying in Italy.

WHAT IS DEFINED WITH THE TERM OF PROCURA?   
What Is the DEPOSIT? And the ACCOUNT? 
The MORTGAGE    

Question: WHAT IS DEFINED WITH THE TERM OF PROCURA?

Answer: The procura is a document written up from a notary public where the owner of a real estate (said procuring), incarica an other subject to represent it (said proxy) in its name, account and vece. The procura puo' to be: to-special: the special procura is had when the proxy, puo' to decide specifically in full way of the patrimony of the owner to determined well or entita'; a b-general: when the proxy puo' to manage in general way all the assets of the owner.

Question: 1. What Is the DEPOSIT? And the ACCOUNT?

Answer: The deposit is, usually in real estate field, a given sum to guarantee of the implementation of a contract; it is divided in two types:
- confirmatoria deposit is a sum, like gia' over saying, than the purchaser it recognizes to the vendor before the conclusion of the transaction to guarantee of its good outcome. In the event in which the sale he does not conclude himself for inadempienza of the purchaser, the vendor has straight to keep the deposit like indemnification. If diversmanete it is this last one to being inadempiente, the same one must give back to the purchaser the doubled deposit. In any case, the damaged one puo' to renounce to the deposit and to obtain in judgment that the contract comes however carried to term.
- enitential deposit with the exception of that confirmatoria, does not allow to address to the judge in order to obtain the execution of the contract, the damaged one has straight to withhold it and all it ends there. In the implementation of a contract and Hush of the parts the deposit it is always confirmatoria. The account is simply an advance payment on the pattuito price, goes given back if the sale does not go to good aim and the rogito one is not stipulated, without other consequences firm remaining the possibilita' of demand for compensation damns.

Question: 2. The MORTGAGE

Answer: The mortgage represents one of the intense and effective forms piu' of guarantee for the creditor. The mortgage puo' to have for object immovable assets with their pertinenze, not che' straight real of enjoyment on the immovable assets. The mortgage is delivered up with the registration in the publics records for the pieces of real estate near the conservatoria of the real estate registries of the place where the good is found. finche' the mortgage is not enrolled does not exist, the registration has percio' “constituent” effectiveness. The same good they can weigh on piu' mortgages enrolled from various creditors, for which to every REGISTRATION it comes given to a progressive number that determines the degree of the mortgage and therefore the pre-emption order. Types of mortgage:
1. voluntary one
2. judicial
3. legal
voluntary mortgage is born in virtu' of an agreement between creditor and debtor or a third party, the action demands the written form.
judicial mortgage is that which has its title it in a sentence (or other provision of the judge) that sentences to the payment of a sum.
legal mortgage is granted directly from the law to guarantee of determined creditors. The hypothecating registration has effect for 20 years, passed which the right is extinguished. the extinction of the mortgage puo' to happen:
1. for extinction of the secured account
2. for the destruction of the good
3. for the renunciation of the creditor
4. for expiration of the term eventually I lie in wait for
5. for lacked I renew of the registration

Question: 3. COS' Is the TESTAMENT?

Answer: The testament as solemn action must be second made the norms established from the law. The law previews two ordinary forms and some special ones. We estimate only the testaments of ordinary type that are:
the 1. testament olografo
2. the testament for notary public action who puo' to be public or secret.
TESTAMENT OLOGRAFO testament draft olografo when it is written of fist from the testatore. For valid being it must be written for entire, dated and undersigned of hand from the testatore. The date must indicate the day, the month, the year and the subscription must be mail at the end of the dispositions. The use of the stamped paper is not prescribed. Such type of testament introduces advantages (segretezza and comodita' of writing) or disadvantages (puo' to be easy trafugato, smarrito, manipulating).
The PUBLIC TESTAMENT the testament is public when the notary public receives the testamentary dispositions from the testatore in presence of two witnesses (4 if the testatore is illiterate) and of it writes up the appropriate action that must be undersigned from the testatore, the witnesses and the same notary public. It comes conserved from the notary public receiving that of it transmits copy to the notarial archives, for which is not necessary to proceed to the publication.
The SECRET TESTAMENT the testament is secret when it receives it to the notary public in delivery from the testatore, in presence of two witnesses, in sealed envelope gia' you contain the dispositions of volonta'. Who does not know or puo' not to read puo' not to make testament secret. The date of the testament is that indicated in the reception action. It comes conserved from the notary public, but the publication to the dead women of the testatore is not necessary.
Excluded the public testament, every other ordinary testament after the dead women of the testatore must be published by the notary public, which is held to communicate the existence of the testament to eredi and the legatari of which he knows the address or the residence.

Question: 4. WHAT AGREES FOR POSSESSION?

Answer: For possession the fact power agrees on a thing that manifest in attivita' a correspondent to the exercise of the proprieta' or other real rights. While the proprieta' it is a right, the possession is a simple state of fact that is similar the right for its outer manifestations. The possession consists of two elements:
1. objective-material
2. subjective-spiritual
The first one consists in the material detainment of the thing, the second in the intention to hold the thing to the aim to exercise the right of propieta' or other real right. The possession puo' to be of good faith or mala faith. The possession says of good faith when he who possesses ignores to offend the other people's right; it is said of mala not scusabile faith when who possesses knows to offend the other people's right or the ingnora for its serious guilt and percio'.

Question: 5. What Is the USUCAPIONE?

Answer: The usucapione is the possession extended for a sure period of time and ago to acquire proprieta' or an other real right. Poiche' the usucapione can complete the possession must have following requirement:
1. must be pacific and public (not violent and clandestine)
2. must be continuous
3. must be uninterrupted
The interruption is had when the owner has been private of the thing for beyond a year. The time necessary in order to usucapire is normally 20 years (ordinary usucapione). The usucapione of immovable assets is completed nearly always in 20 years, it is completed in 10 years when the possession is in good faith and has been acquired according to a title suitable it to transfer proprieta' (the abbreviated usucapione).

Question: 6. WHICH ARE THE ESSENTIAL ELEMENTS OF A CONTRACT?

Answer: The contract is the agreement of two or piu' parts in order to constitute, to regulate or to extinguish a patrimonial legal relationship. The essential elements are:
1. The agreement: the agreement of the parts is had when two or piu' subject ones manifest the Concorde volonta' to stipulate a sure contract, with that contained determining and to those determined conditions.
2. The cause: the cause of the contract is to its economic-social function, cioe' the function that it carries out in the within of the relation economic and social between the several subjects. every contract has a its cause.
3. The object: the object of the contract is the performance to which the contracting parts they are obligated.
4. The form: the solemn form of the contract constitutes essential element of the same contract when it turns out that it is prescribed from the law under penalty of nullita'.

Question: 7. IN A SALE CONTRACT WHICH ARE IT OBLIGATION OF THE VENDOR?

Answer: 1. to deliver the thing to the buyer
2. to transfer to the buyer proprieta' of the thing or the right if the transfer is not at all immediate from the contract
3. to guarantee the buyer for the eviction and the defects of the thing. The eviction when the buyer comes private in all or partially of the bought thing, as a result of the action of rivendicazione of the third owner is had. The eviction puo' to be partial total or; it obligates the vendor to the compensation of the damages. The guarantee for the defects concerns the absence of the thing from troubles, defects that render it inidonea to the use which it is destined or of it they diminish in appreciable way the value. The defects must be hidden, cioe' unknown to the buyer, which puo' to choose of:
- to ask the resolution for the contract,
- to ask the reduction for the price.
it remains in any case except the right to the compensation of the damage. the denunciation of the defects goes executed within 8 days from the discovery; the action is prescribed within a year from the delivery of the thing.