Historic Art Nouveau villa: the Court of Appeal canceled the sale – Teramo

Historic Art Nouveau villa: the Court of Appeal canceled the sale – Teramo
Historic Art Nouveau villa: the Court of Appeal canceled the sale – Teramo

GIULIANOVA. The historic Art Nouveau villa in Viale Orsini, with a market value of 2 million euros, was sold for 400 thousand euros in 2007, then reduced to 200 thousand: the Court of Appeal of L’Aquila overturned the first degree civil sentence, declaring it null and void. the deed of sale of the villa which returns to the hands of Maria Cristina Piccioniwell-known skating coach, daughter of the owner Lavinia Meloni Pepper Grinder who passed away some time ago. The sentence was issued by the panel presided over by the judge Carla Ciofani with the judges Andrea Dell’Orso e Joseph of Falco. Piccioni, who challenged the deed of sale after her mother’s death, was represented by the lawyer Marcello Carton.
In 2007 the villa was sold by Lavinia Meloni Tritapepe, a well-known woman in the city, for 400 thousand euros and, three days later, another sales contract was signed with a figure of just under 200,000 euros. «In the present case», we read in the sentence, «it is not disputed that, after the signing of the contract, between 2009 and 2011, it was ascertained that the seller was suffering from a mental defect, characteristic of a neurodegenerative pathology. This happened already in 2009, when the seller was recognized by the Teramo Local Health Authority as 100% disabled, which then allowed her to access the accompanying allowance according to a specific judgment of the competent commission in 2010, and therefore to the support administration in 2011. Already in 2009-2010, just two years after the signing of the purchase and sale contract, a progressive process of dementia was highlighted, aggravated by Alzheimer’s. The existence of vascular complications at the cerebral level or the processes of evolution of dementia are normally gradual processes, and therefore it is not at all implausible that, already at the time of the sale, it was already underway”.
At the signing of the deed of sale Maria Cristina Piccioni, well-known skating coach who led the champion to the world title Debora Sbei, had accompanied her mother Lavinia and, in the first instance sentence, the judge objected to Piccioni herself for having contested the act only in 2012, despite being present at the 2007 contract and aware of her mother’s mental condition. «That the daughter accompanied her mother, precisely because of the unstable psychological conditions in which she herself found herself», continues the sentence of the Court of Appeal, «is understandable, so much so that not long after, in 2009, the total Mrs. Tritapepe’s disability. But this does not mean that Mrs. Piccioni was able to influence or condition the choices of her mother who, as from the testimonies she collected from her, had a completely independent character and, in any case, often suffered from sudden outbursts of anger. . The purely factual consideration, on which infinite reasons can actually play, why Mrs. Piccioni would have decided to challenge the sale only in 2012, has no weight whatsoever.” The villa in viale Orsini sud, therefore, returns to the availability of Maria Cristina Piccioni. However, the refund of the sum and other tasks will have to be decided elsewhere.
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