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Art. 4 Commorienza

Quando un effetto giuridico dipende dalla sopravvivenza di una persona a un'altra e non consta quale di esse sia morta prima, tutte si considerano morte nello stesso momento.


English:

When the operation of law depends on one person surviving another, and it is not clear which of them died first, it is presumed that they died at the same time.

Comment: In many legal systems, it is important to be able to determine if one person pre-deceased another. It can often affect inheritance rights or the transfer of property owned by more than one person. The presumption at Italian law is that if it cannot be determined which person died first in such a situation, they are considered to have died at the same time for legal purposes. This issue arises frequently when spouses die in automobile or airplane crashes.




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