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Codice Civile e Commerciale - diritto di abitazione
Civil and Commercial Code ss.1402-1409
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In breve
Diritto personale di una persona designata di abitare gratis nella casa altrui, fino a 30 anni o a vita. Non cedibile ne ereditabile.
1402: Nature of the right of habitation
A registered habitation right lets a person live in someone else's building as a home, free of rent. It covers occupation only, not commercial use or income generation, and exists purely for the grantee's personal shelter.
1403: Duration and limits of the grant
Habitation may last for a fixed term or for the grantee's lifetime. Without a stated term, either side may end it after reasonable notice. Any fixed term over thirty years is automatically cut to thirty, though renewal for another thirty-year stretch is allowed.
1404: No transfer or inheritance
This right stays strictly personal to the grantee. It cannot be sold, gifted, mortgaged, or passed to heirs upon death. When the grantee dies, the right simply ends rather than transferring to family members.
1405: Family members residing together
Unless the grant explicitly restricts habitation to the grantee alone, his family members and household staff may live in the building alongside him. This default rule broadens practical use without requiring separate registration for each occupant.
1406: Use of natural produce
Absent an explicit prohibition from the owner, the person with habitation rights may gather ordinary natural produce or yields of the land, but only in amounts genuinely needed for his household's daily consumption, not for resale or commercial gain.
1407: Repairs and improvement costs
The owner carries no obligation to keep the property in good repair for the grantee's benefit. Conversely, the grantee who spends money improving the property cannot later demand reimbursement from the owner for those expenses.
1408: Returning the property at the end
Once the habitation right lapses, whether by expiry, death, or termination, the occupant must hand the building back to its owner. No further claims or continued occupation are permitted once this obligation arises.
1409: Applying tenant duty rules by analogy
Certain statutory duties and liabilities that normally bind a hirer under lease law apply here too, with necessary adjustments. These borrowed rules cover matters like care of the property and responsibility for damage during occupation.