News
The “naked” owners of shares in s.r.l. are not subject to donation tax
09/06/2021The Lazio Regional Tax Commission, with sentence no. 1534 of March 16, 2021, stated that the donors of the bare ownership of controlling shares of a limited liability company are not subject to the donation tax....
- 01/06/2021
The Court of Cassation, with ordinance no. 13595 of May 19, 2021, recognized the custody responsibility of the condominium, obliged to take all necessary measures so that common things do not harm anyone, and therefore responsible for damage originating from common parts of the building and accessories and appurtenances, including (also) the condominium swimming pool....
Phone of a different color than desired: it is not a serious breach
01/06/2021The Supreme Court, with a very recent order of 24 May 2021, n. 14106, ruled out that a telephone of a different color, delivered to replace the non-working one, of the same brand and model, could be qualified as a defective product; this because, even if of a different color, it remains suitable for the use for which it was intended and not devoid of the qualities promised pursuant to art. 1497...
- 19/05/2021
The Court of Cassation, Labor Section, with sentence no. 11635 established that the absentee behavior of the employee, even before the so-called “Madia reform”, determines a serious form of disciplinary responsibility for poor performance, which constitutes a long-term and pluri-existent contractual breach. In such cases, the deadline for initiating the disciplinary proceedings begins not f...
The aggrieved party's fault must be justified.
19/05/2021The Supreme Court, with ruling of 7 May 2021, n. 12166 held that, the assessment of the relevant conduct pursuant to art. 1227, paragraph 1 of the Italian Civil Code and the determination of the degree of concurrent faults presupposes an overall assessment of the facts and the causal efficiency of the culpable behavior of each of the co-responsible persons, only in this case can the court of ...
Recent guidelines on the subject of apparent easement
13/05/2021The Supreme Court, with order of 6 May 2021, n. 11834, established that the requirement of the appearance of the easement, necessary for the purpose of its purchase by usucapione or for the destination of the father of the family, is configured as the presence of visible signs of permanent works objectively intended for its exercise and revealing, in a way unequivocal, the existence of the weig...
The lease contract for verbal and unregistered residential use is affected by relative nullity.
13/05/2021The Supreme Court, with decision of 9 April 2021, n. 9475, presented that the signing of the contract in verbal form and the related failure to register are to be considered cause of relative nullity of the contract, as such can only be activated by the tenant and not also by the lessor. Since this is a relative nullity, it cannot be detected ex officio by the judge....
The maintenance allowance is due to the child only if established by a provision of the Judge.
03/05/2021The Supreme Court of Cassation, with ruling no. 9700 of April 13, 2021, provided that the payment of the maintenance allowance no longer in favor of the mother but directly to the child, cannot be validly established by an agreement of the parties, but, on the contrary, must be ordered by a judicial measure. A man was then sentenced to pay his ex-wife the global amount of over 20 thousand euro...
- 03/05/2021
The Court of Cassation, with ordinance no. 11199 of April 28, 2021, considered that, with the sale of an exclusive portion located in the condominium following the adoption of a shareholders' resolution, prior to the signing of the translation deed, aimed at carrying out works consisting of innovations, extraordinary maintenance o restructuring, unless otherwise agreed in the internal relations...
Again on the revocation of the injunction in the absence of mandatory mediation.
28/04/2021The Court of Appeal of Rome, with a sentence of 4 March 2021, applied the principle established by the recent United Sections (18 September 2020, n. 19596) regarding the inadmissibility of the opposition of the injunction in the absence of mandatory mediation, deciding on an appeal brought against the ruling declaring the inadmissibility of the opposition to the injunction brought without activ...
- 28/04/2021
The Court of Cassation, with order of 22 April 2021, n. 10592 established that, in the dispute between the patient who assumes to have contracted an infection as a result of a blood transfusion, and the health facility where the latter was performed, it is not the burden of the former to attach and prove that the hospital has held a negligent or imprudent conduct in the acquisition and perfusio...
- 19/04/2021
The United Sections Court of Cassation, with sentence of 14 April 2021, n. 9839 established that, in the judgment of opposition to the injunction issued for the collection of condominium contributions, the Judge can review both the nullity, deduced by the party or detected ex officio, of the shareholders' meeting resolution based on the injunction, and the annulment of this resolution, provided...