Identity area
Reference code
Title
Date(s)
- 1923 - 1940 (Creation)
Level of description
Extent and medium
18 annual positions and 2 volumes, preserved in 10 archival boxes. In the annual positions, files are titled to applicants
Context area
Name of creator
Archival history
Immediate source of acquisition or transfer
Content and structure area
Scope and content
Civil consular jurisdiction is divided into contentious jurisdiction and voluntary jurisdiction.
Voluntary jurisdiction, unlike contentious jurisdiction, requires the consular authority not to adjudicate but to grant confirmation of a party’s request.
The petition (ricorso) is the means of applying for voluntary jurisdiction; the measures take the form of a decree (authorisations).
Competence for voluntary jurisdiction is established by Article 66 of the Consular Law of 28 January 1866 no. 2804: “Jurisdiction is voluntary or contentious, civil or criminal, and is exercised by consuls or by consular courts, according to the cases and places indicated by law.”
Articles 157 et seq. define its scope and forms.
Consuls are “vested with all powers assigned to pretori and to presidents of courts; consular courts shall have those granted to civil or commercial courts” (art. 157), subject to treaties and customs (art. 158). Thus: guardianships, interdictions, disabilities (art. 162); sale of property located abroad belonging to persons who cannot freely dispose of it (art. 163).
Decisions may therefore be taken by:
- the consul acting as judge;
- the consul exercising the powers of the consular court under Article 71 of the Consular Law;
- or the consular court sitting in chambers.
These records are preserved among the civil court archive case files up to 1923; from 1923 a distinct series entitled “Voluntary jurisdiction matters” is formed, consisting of annual positions. Within it are named files (personal case files) and individual authorisation requests.
The cases mainly concern requests for authorisation to sell property and securities, to withdraw or invest money.
There are also case files relating to: expert assessments and appointment of arbitrators; correction of names; establishment of family councils; appointment of guardians/curators.
The files may contain the relevant decrees (e.g. authorisations to sell property/securities; to withdraw money; to invest money; etc.) and/or correspondence connected to the matter.