he
Higher Institute of Noble Law carries out services of legal, notarial
and arbitral consultation, for the jurisdictional ascertainment of the
noble, heraldic and chivalrous heritage of anyone who has tangible rights
thereto, inducing the presentation before a court of law of heraldic-noble
and genealogical memos (excluding opinions pro veritate ), and
including any resulting registrations and publications required by law.
The assistance of the Higher Institute is exerted throughout the jurisdictional
activity, up until the pronunciation of the sentence by the International
Court of Arbitration – permanent body of the European Court of Arbitral
Justice of Ragusa, and, if the plaintiffs theses are granted, proceeds
up until the execution of the sentence, which consists of the issue and
transcription of the decree of approval of the sentence, issued by the
presiding judge of an ordinary court of the Republic of Italy.
In that eventuality, the presiding judge of an ordinary court, after
having ascertained the formal regularity of the procedure proving the
recognition of the party’s right to the noble and/or chivalrous
status in dispute, approves the sentence pronounced by the above-mentioned
International Court of Arbitration – permanent body of the European
Court of Arbitral Justice of Ragusa, and makes it enforceable, with a
decree, in the territory of the republic, also ordering the publication
of the extract in the Official Gazette of the Region in which the court
is located (in this case, the Official Gazette of the Region of Sicily).
In order for the sentence to be validated, the decree of the presiding
judge of the Court must be registered at the Revenue Office.
The aim of all this, when the jurisdictional ascertainment has had a
positive outcome, is to clarify the noble status of the person
entitled thereto, legitimising before the court his right to a noble title,
predicate, coat of arms and qualifications, where existing and configured.
This deed of verification has the value of a sentence of juridical, historic
and noble ascertainment, before the Italian magistrates, of the noble
and chivalrous titles and of the annexed predicates and connected dues,
coat of arms and qualifications, just as they would be refuted or granted
by a sovereign or by a prince claimant to the throne with fons honorum
ascertained by law.
This is the direct consequence of the sentence pronounced by the International
Court of Arbitration – permanent body of the European Court of Arbitral
Justice of Ragusa, a court composed of arbitrating magistrates, judges
of first instance.
Deriving therefrom is the further possibility of enforcement of the sentence
in the territory of over 100 States that have adhered to the Convention
of New York of 10-06-1958, made enforceable in Italy with law no. 62 of
19 January 1968.
So, in our opinion, the most guaranteed procedure is the recognition
of a pre-existing status or the granting ex novo, to
the person entitled, of a noble heritage, and the subsequent jurisdictional
ascertainment, with sentence, approval and consequent formal obligations,
of the legal dues to which he is entitled.
|