News
- 30/08/2021
The United Chambers of the Supreme Court of Cassation, with the recent decision n. 21761 of July 29th, 2021, held that the clauses contained in consensual separation agrrements or divorce agreements, concerning the immediate transfer of ownership of assets or other real rights are valid in order to ensure maintenance for the spouse, to minor or adult not self-sufficient children. The agreements...
- 30/08/2021
The Court of Cassation in its judgment n. 18011 of June 23rd, 2021, established that the pipeline easements are among those that can be compulsorily established by the Judge. However, the pipeline easement may be compulsolirly ordered ope judicis only if its establishment is requested by the operator of the gas distributor service, not even at the request of the owner of the fund interested in ...
- 23/08/2021
The Court of Cassation, with the recent decision n. 22725 on 11 August 2021, stated that for the configurability of the express termination clause, the parties must have provided for the legal termination of the contract as a result of the breach of one or more obligations specifically determined in the contract or in another deed or document to which the parties have made express reference, s...
- 23/08/2021
The Court of Cassation, recently, with the decision n. 22700 on 11 August 2021, stated that the dispute over the validity of the consensual separation agreement prejudices the outcome of the divorce proceeding, given that the possible annulment of the first involves the disappearance, with an ex tunc effect, of the corresponding precondition of the divorce. ...
- 16/08/2021
The United Sections of the Supreme Court of Cassation, with the decision n. 21983 dated 30 July 2021, stated that the motor vehicle liability insurance operates, and the direct action towards the insurer is due, even when the accident and the related damage have occurred from the use of the car in "private areas". The concept of vehicle traffic on areas that are equated to public roads must be ...
- 16/08/2021
The Court of Cassation, with the recent decision n. 21649 on 28 July 2021, stated that must be compensated the damage related to the prejudice of the right to rest, that can manifests itself on the quality of life of an individual and consequently on the right of health constitutionally guaranteed (in the present case compensation was awarded for the inconvenience suffered as a result of the di...
Municipal Property tax and leasing contract
09/08/2021The Court of Cassation (order of 22 July 2021) ruled that, with regard to Municipal Property Tax (IMU), the termination of the "leasing" contract also eliminates the legitimate position of qualified holder of user still in possession of the asset. With the termination of the "leasing" contract, in fact, for tax purposes, no contractual effect survives, as the consideration of the loan ceases, ...
The obligation to conclude the contract and offer of the service
09/08/2021The Court of Cassation (Sentence n. 11837, 6 May 2021) established that in the matter of a preliminary sales contract, where the parties have provided for the payment of the price or the related balance at the time of signing the definitive contract, the offer of the service, required by art. 2932, paragraph 2, of the Italian Civil Code, can be considered implicit in the request for specific...
- 02/08/2021
With a recent sentence (n. 21172 of 23 July 2021) the Court of Cassation established that the waiver of remuneration by the administratore of a company can find expression in a conclusive behavior of the owner that uniquely reveals his will to dispose of the relative right; for this purpose it is therefore necessary that the abdication act is inferred not from the simple failure to request ...
- 02/08/2021
The Court of Cassation with the sententence n. 21006/2021 noted that the person called to the inheritance, who has validly renounced it, is not liable for the debts of the deceased, not even for the period between the opening of the succession and the its renunciation, even if it is among the successors ex lege or has submitted the declaration of succession (which does not constitute acceptan...
- 19/07/2021
With an interesting Sentence, the Court of Cassation (Sentence 12 July 2021, n. 19801) affirmed that in the matter of the deposit, in the event that the defaulting party returns the sum paid as a deposit by the other contractual party, the the compliant party retains its right to demand double the deposit. This, unless a univocal abdication of the creditor's right emerges....
- 19/07/2021
The Court of Cassation, again called to rule on the issue, with sentence n. 18721 of 1 July 2021, noted that an assignment of assets in favor of the more uxorio cohabitant can be configured as the fulfillment of a natural obligation when the payament is adequate to the circumstances and proportionate to the assets and social conditions of the partner....