News
- 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....
Privacy. The car's electronic key represents the owner's personal data
12/07/2021The Court of Cassation (sentence n. 19270 - 7.7.2021) noted that pursuant to Legislative Decree n. 196 of 2003, art. 4, paragraph 1, lett. b) and c), ""personal data "means any information relating to a natural person, identified or identifiable, even indirectly, by reference to any other information, including a personal identification number;" and "" identification data ", the personal data...
Adult child does not want to study and refuses to work? The maintenance allowance must be revoked
12/07/2021According to a recent sentence of Court of Cassation (section I, sentence 2 July 2021, n. 18785), integrate circumstances sufficient to legitimize the revocation of the maintenance obligation by the father, the unjustified refusal of the daughter to continue the commercial activity that her father and uncle had proposed to her through the provision of a place as well as her low propensity to Ed...
The bankruptcy sentence is inability to interrupt the possession "ad usucapionem".
06/07/2021The pronouncement of the bankruptcy sentence and its transcription, pursuant to art. 88 of the Royal Decree n. 267 of 1942, are unable to interrupt the time for the purchase of the property right, resulting in the interruption of possession only at the action of the trustee aimed at recovering the asset by dispossessing the user, in the forms and in the manner prescribed by articles . 1165 and ...
- 06/07/2021
The employer, even when he avails himself of the advice of a head of the prevention and protection service, still holds the position of guarantee, also with reference to the risk assessment and the preparation of the related document....
- 29/06/2021
Only a few days before the expiry of efficacy of the law, the Constitutional Court, with ruling no. 128 of 22 June 2021, has declared the illegitimacy of the second extension (from 1 January to 30 June 2021) of the suspension of enforcement procedures on the debtor's main residence....
- 29/06/2021
The Court of Palermo has stated that, with regard to liability actions against the directors of a bankrupt company, the criterion of the difference between bankruptcy assets cannot be used as a parameter for an equitable liquidation of damages, since such criterion cannot fill evidentiary shortcomings of the bankruptcy bodies....
The maintenance allowance is also due to the non-cohabiting spouse
21/06/2021The Civil Court of Cassation, section VI - 1, by order of 18 May 2021, n. 13450, reiterated that the lack of cohabitation of the spouses does not affect the property rights and duties arising from the marriage, including the wife's right to a maintenance allowance....
Legitimate dismissal if the worker installs illegal programs on the company computer
21/06/2021The Cassino Labour Court, with the interesting decision of 9 April 2021, no. 331 confirmed the legitimacy of the dismissal of an employee who, in violation of the internal regulations posted on the company bulletin board, had installed some programs on the company computer that allowed remote access and allowed connection to video streaming sites....
- 14/06/2021
The Campania Tar, section I, with sentence of 21 May 2021, n. 1278, held that the general principle of unchangeability of the offer, in force in the field of public procurement (to protect competition and equal treatment between economic operators, as well as the impartiality and transparency of the administration's actions), has with regard to the offer as formulated in the tender, but does no...
In order to exercise the counting action, the naked owner must prove possession
14/06/2021The Court of Cassation, with order of 28 May 2021, n. 14979 established that, in the absence of proof of a de facto power over the thing qualifying as possession, the naked owner of the asset cannot claim any legitimacy to exercise the action for the reinstatement, in case of counting, of such (mere) material availability: not only towards the usufructuary but also towards the co-owner and alle...
Constitutional Court on public procurement: the limitation of reserves to 20% is legitimate
09/06/2021The Constitutional Court, with decision no. 109 of 2021, declared the unfoundedness, with reference to arts. 3, 24, 41 and 97 of the Constitution, of the issues of constitutional legitimacy of art. 240-bis, paragraph 1, of the legislative decree 12 April 2006, n. 163, in the part in which it provides that the total amount of the reserves cannot in any case exceed 20% of the contractual amount, ...