Italian Supreme Court confirms validity of legal notices delivered to cohabitants

The Italian Court of Cassation has upheld the presumption of validity for legal notices delivered to individuals who identify themselves as cohabitants of the recipient. Under Article 139 of the Code of Civil Procedure, if a recipient is not personally present, a judicial officer may deliver an act to a family member or a person in charge of the household, provided they are at least 14 years old and capable of receiving the document.

According to the ruling, a declaration of cohabitation made to the notifier at the recipient's residence creates a 'iuris tantum' presumption of validity. This means the notification is considered legally binding unless the recipient can provide specific and detailed evidence to the contrary. To contest the validity, the recipient must prove that the person who accepted the document was merely an occasional visitor or that the delivery did not occur at the recipient's actual residence.

The court clarified that judicial officers are not required to investigate the true nature of the relationship between the parties. Their duty is limited to ensuring the delivery occurs at the correct location and faithfully transcribing the recipient's statements in the notification report.