"nuda proprietà" in atto di ultimo volontà

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timo
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"nuda proprietà" in atto di ultimo volontà

Postby timo » 04 Nov 2010, 21:17

In the context of a last will and testament, what does the phrase nuda proprietà denote?

The sentence reads:

Lascio l'usufrutto di tutti i miei beni vita sua natural durante a mia moglie...mentre lascio la nuda proprietà ai miei nipoti, figli della mia sorella morta...


I understand the gist -- the wife may use the property during her natural life but the "nuda proprietà" goes to nephews and nieces. Does that mean the nephews and nieces inherit the title to the land and what is built on it?

Thanks

EDIT: I found this pagewhich explains it pretty well.

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Cherry
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Re: "nuda proprietà" in atto di ultimo volontà

Postby Cherry » 05 Nov 2010, 10:38

Dear Timo,
you are right.
It says that the wife can use the property all her life long, but cannot in fact do anything like sell it or make any substantial modification on the property.
Nephews and so on are the real proprietors and can decide to sell or modify the inheritance: if they want to sell for example their mother's house, they can do it. People who buy the propriety cannot use it before the woman's death. Of course the house sold in such a way will gain less than it's usual price.
Hope this help,
Floriana

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Cherry
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Re: "nuda proprietà" in atto di ultimo volontà

Postby Cherry » 05 Nov 2010, 10:38

Oh sorry, I didn't see that you've already found your way thru the matter.
Cheers

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timo
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Re: "nuda proprietà" in atto di ultimo volontà

Postby timo » 05 Nov 2010, 10:55

Cherry, thank you, you did provide additional information about the limits placed on the person who has the use of the property, and the limits placed on those who might wish to purchase the title while that person is still living.

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Re: "nuda proprietà" in atto di ultimo volontà

Postby timo » 05 Nov 2010, 11:00

Just as a side note, is the phrase vita sua natural durante a legalistic archaism? Or does modern colloquial Italian also permit durante to appear at the end of the adverbial phrase in that manner?

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Cherry
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Re: "nuda proprietà" in atto di ultimo volontà

Postby Cherry » 05 Nov 2010, 11:53

Well it's a specific legal term, not necessarily archaic since it is still used. My mother is very fond of it and she uses it quite often in her talks. I can't figure out other expressions like this, out of the juridical language.


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