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We feel the Magistracy is the only authority which, being
the authority to ascertain and protect rights, also protects the most jealously
guarded and delicate of a person’s rights, i.e. their name, has the
task and power to ascertain the legal existence of a special status in a
given family and to declare the right to noble titles, predicates, qualifications
and coats of arms annexed to it. Thus motivated, after considerable fatigue
expert lawyers have reached an elaborate legal tool, which aims at certifying
the current legitimacy to a right claimed by the applicant. Therefore, ascertaining
that the noble title, predicate, coat of arms and qualifications are due
to the right person, by pronouncing an arbitration sentence, according to
current arbitration legislation and articles 806 and following of the Italian
Civil Procedure Code, between the holder of the noble title that investigation
is requested for and the Supreme Institute of Noble Law. The sentence by
the Civil Cassation Court, United sections on 20/05/1965, n. 987, states
“the preliminary investigation into the rights to a noble title can
be made for various ends: to include the predicate in the surname, for the
right to belong to certain associations, to benefit from certain advantages,
such as admission to colleges or acquiring study grants…” The
Supreme College has observed, including in reference to the sentence by
the Civil Cassation Court n. 2087/1961, that “the interlocutory investigations
and relative affirmation of the existence of a noble title … must
also be considered as implicitly allowed by law and cannot damage the principle
of social parity of the citizens, as proclaimed by Art. 3 of the Italian
Constitution”. The Arbitration, through a provision issued by the
Magistrate requested in the form of a Law, can have the force of a sentence
(thus the Constitutional Court, 12 February 1963, n. 2) between the parties,
heirs or having legitimate right (Civil Cassation Court, Section III, 29
May 1980, n. 3552) and effective as something judged if it is not refuted
under law, Civil Cassation, Section I, 7 February 1963, n. 194. The President
of an ordinary court in the Republic of Italy, once the conformity of the
arbitration sentence to the legal dispositions has been ascertained, declares
it executive within the republic by Decree, by filing it with the Court
Registry office and subsequent publication of the Decree in the Official
Regional Gazette of the Republic of Italy.
This milestone is an incontestable truth, granting justice to nobility but,
above all, to those who claim a heritage of honour and a wealth of virtue,
legal activities that are expressed by worthy lawyers and other professionals
in the field.
For the legal, notary and arbitration consultation and services, including
all the due registrations and heraldic-nobiliary and genealogical memories,
excluding the pro veritate opinions, with assistance through to the presentation,
declaration and execution by the International Arbitration court –
Permanent Body with the European Arbitration Justice Court in Ragusa, formed
of arbitration magistrates, 1st level judges, checking the registration
of an approval decree of the sentence issued by the President of an Ordinary
Court in the Republic of Italy, and registered with the Income Tax office
to enable the sentence to be valid, including the costs for publication
in the Regional Official Gazette, with further possibility of making the
sentence executive in the more than 100 states that signed the New York
Convention of 10.06.1958, which was made executive in Italy by Law no. 62
of 19 January 1968, acclaiming, where successful, the noble status of the
person who has right, legitimising the right to the noble title, predicate,
coat of arms and qualifications if they exist, said deed being valid as
a legal-historic-nobiliary investigation sentence before the Italian Magistracy
of Noble and Knightly Titles – or the Grand Master of a Knightly Order
and the position as subject to international public law, pursuant to law
no. 178 of 3 March 1951 – and with the annexed predicates and other
rights, coat of arms and qualifications, granted by a sovereign or a pretender
prince to the throne and legally ascertained holder of fons honorum. |
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