To be valid, the cohabitation contract must be written or by a notarial certified public or private agreement. It is important to note that the cohabitation agreement cannot be subject to a duration or condition, including the . B of the life together. In Italy, despite numerous legislative proposals and the timid attempts of some local administrations, the law on cohabitation has not yet been protected, no effective measures have yet been taken to guarantee the equal treatment advocated by the European Parliament. In some cases, a cohabitation agreement may involve a transfer of ownership. In such cases, it is necessary that the contract be drawn up by a notarized public deed. If you live in a country where you cannot get married, where you cannot enter into a registered partnership, or if you decide not to, you can enter into a joint life contract with your partner and settle the practical or legal aspects of your life together. The agreement on the applicable law can be concluded and amended at any time and at the latest with the court order. However, if the law of the court requires it, the spouses can also determine the law applicable during the proceedings before the Tribunal, which submits this designation in accordance with the law of the court. The debate on cohabitation agreements has not made sufficient legislative progress in Italy because of the lack of relevance, mainly because of the coexistence of different traditions, cultures and ideologies in our country, which aim for very different arrangements between society and the state and which are often in conflict with the Catholic soul of the vast majority of Italians. In the case of inheritance, for example, the deceased`s partner has the right to receive a portion of the inheritance; As far as diepacht is concerned, if the cohabitation lasted more than a year, the surviving person has the right to take over the contract of the property already occupied by the couple.
With regard to personal relationships, it is possible to decide de facto relationships through contracts that govern the rights and obligations established between the parties. In the cohabitation agreement, the parties can regulate: the agreement may also provide for rights and duties of assistance, information and measures concerning health and prison, with the possibility of entrusting the partner, in case of mental disability, decisions concerning health, treatment of the body, funeral and organ donation.