Support management

The figure was introduced with the law 9 January 2004 n. 6. With this provision, the subject of limitations relating to the ability to act of persons has been radically revised and, in place of the protection of persons with disabilities and / or of the person who, totally or partially deprived of autonomy as a result of a physical or mental infirmity, is unable, even partial or temporary, to provide for their own interests, and has the right to be assisted by a support administrator appointed by the judge, in this case Tutelary Judge, who, on the basis of concrete needs of the aid, it will dispose, for the acts or for the categories of acts for which it is deemed appropriate to support, the replacement or assistance of the person (so-called beneficiary) who is not able to give it autonomously.

The person concerned designates the support administrator and the judge formalizes the appointment by assigning the task to the support administrator with a public deed for all purposes of the law. Each person can designate more than one support administrator, provided that the subjects indicated are in the alternative: the indication must therefore proceed according to an order of priority. The priority serves to assign the task to the second designated director, in the event of the first being unavailable, or to establish a prevalence of decisions: in the event of differences, the decision of the first support director will prevail over the one designated in the alternative.

When the appointment takes place with the appeal of a third party to the judge, it is sometimes necessary to obtain legal aid (in legal jargon: defense, assistance) with the help of a lawyer and, in this case, the appeal can be presented by anyone who has an interest in it (relatives , acquaintances or social services) and must be deposited at the court chancellery in whose district the beneficiary resides More than a reform, it was a real institutional revolution as such recognized, in substance, by the higher courts (Const., 9 December 2005, n. 440; Cass. Civ., 12 June 2006, n. 13584 ; Civil Cassation, of 2009, n. 9628): it has confined in a residual space the now obsolete institutions of interdiction and incapacitation.

Interdiction and disqualification

In the case of adults who cannot provide for their own interests, the law provides:

  • the interdiction procedure for subjects who, due to illness or for other reasons, find themselves in habitual (permanent) conditions of insanity such as to make them totally unable to provide for their own interests. A guardian is then appointed to look after the interests of the disqualified person.
  • For the adult who, despite being mentally ill, but whose mental state is not so serious as to give rise to the interdiction , is disabling . Through this procedure, the subject can carry out on his own the acts that do not exceed the ordinary administration while for the acts of extraordinary administration (for example: sale of a property; stipulation of a mortgage) must be assisted by a curator (and, sometimes , also be authorized

by the tutelary judge). A regime similar to that applicable to the disabled applies to a minor who was authorized to marry before the age of eighteen.

In any case in which patrimonial acts relating to minors or in any case to incapable ones have to be carried out, the subjects who assist or administer the assets of the incapable, must pay the utmost attention to behave in compliance with the law. It may happen, for example, that commitments are undertaken in the name and on behalf of incapable subjects in a way that does not comply with the law: these are illegal and dangerous behaviors as they not only do not bind the incapable subject towards the third party, but expose the subject representative with precise and serious responsibilities both towards the incapacitated and towards the third party.


The study of contracts has its roots in the history of man, that is, since he learned to relate to other men with the aim of exchanging a good or performing other acts of disposing of his assets, which today we refer to the donation or succession. Man has always used contracts to improve or refine the regulation of his relationships with other subjects, often having to use them to overcome gaps in protection resulting from the absence of public law rules. Even today, this situation seems to be repeated, in fact a part of the political class believes that contractual law is sufficient to regulate the relationships existing today between de facto couples.

In recent years, with the development of a discipline relating to consumer protection, contracts have assumed a role of greater socio-economic importance, in fact professional figures have developed specialized in the study and creation of contracts mostly through forms. The goal of this class of jurists often at the service of the company is to create the so-called “unassailable contract”, that is, a contract that is able to avoid the emergence of disputes, even bearing in mind the constitutional limits placed on contractual autonomy.

In general, Articles 1341 and 1342 of the Italian Civil Code indicate specific safeguards for the double signing at the bottom, a signature for the contract, one for the clause deemed to be an exception to the law and / or to be considered vexatious, for which there is the specific instrument of art. 1469 bis

c.c. for the protection and supervision of the consumer’s rights, where not derogated from the consumer code or other provisions even more favorable for the consumer himself, such as, for all, the exceptions to the jurisdiction in favor of the consumer’s forum.