Verification of continuity of residence in the face of discrepancies in the registry office results




Court of Florence, ordinance of 20 May 2022 : Verification of continuity of residence in the face of discrepancies in the registry office results


The Court of Florence ascertained the continuity of residence in the face of discrepancies in the registry office results.


The foreign citizen had undergone a registry cancellation (and subsequent re-registration in another municipality a couple of months later) attributable to a mere mistake in signing the registry cancellation form, but she had never left Italy except for a short holiday period.


According to the trial judge, 'What is important to note is therefore the actuality of the residence, which in fact was simply "moved" from one municipality to another. Moreover, it can be affirmed that the stability of the dwelling pursuant to Article 43(2) of the Civil Code cannot be undermined merely by the fact in itself of the objective removal due to reasons of work or, as in this case, to the legitimate enjoyment of regular holidays, it being necessary, without doubt, that the physical fact of the subject's movement in space corresponds to his intention to establish his life in a different place, a circumstance that does not occur in the case under consideration".


This pronouncement is obviously preparatory to the citizenship application, thus avoiding ex ante questions on registry continuity, and useful for all services where continuity of residence is required.


Prof. Avv. Paolo Iafrate


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