Studio Legale Pavan Website

For the maintenance allowance, it is necessary to evaluate the job offers actually received by the requesting spouse

The Civil Cassation, section VI, with sentence of March 4, 2021, n. 5932 established that, for the purposes of the rulings relating to the maintenance allowance, the trial judge must ascertain the effective possibility of carrying out a paid work activity, in consideration of every concrete individual and environmental factor; whence, for example, the possibility of acquiring different and addi...

The tender offer is valid only for the period provided for in the announcement.

The Council of State, with decision of 20 January 2021, n. 628 established that the private contractor's offer is binding only for the period indicated in the notice or for 180 days from the expiry of the deadline for its submission, as can be seen from art. 32, paragraph 4, Legislative Decree no. 50 of 2016....

Negligence contest for the passenger who looks out of the window during the maneuver.

The Civil Cassation, Section VI, with order of 23 February 2021, n. 4789, considered that the concurrence of guilt existed, pursuant to art. 1227 of the Civil Code, in the hands of a passenger in a motor vehicle, who, during maneuvering, leaned out of the car window, sustaining injuries due to the sudden closure of the same....

The final balance not promptly challenged constitutes a suitable title towards the condominium also for the previous one.

The Court of Cassation, with order no. 3847 of February 15, 2021, clarified that the final balance sheet for subsequent management periods which, in the individual accounts for each condominium, shows all the sums due to the condominium, including the arrears relating to the previous years that have remained unpaid (which constitute not only an account balance of the active balance sheet, but a...

Negligent contest 1227 c.c. and liability pursuant to 2051 of the Italian Civil Code

The Supreme Court, with decision no. 4035 of February 16, 2021 clarified that, where the responsibility of the caretaker is deducted for the fall of a pedestrian at the disconnection or hole of a sidewalk, the assessment of responsibility must be conducted pursuant to art. 2051 of the Italian Civil Code and the recurrence of the fortuitous event is not predictable in the face of the mere ascert...

Non-pecuniary damage from demotion cannot be configured in re ipsa

The Civil Cassation, Labor Section, of 4 February 2021, n. 2676, established that, in the case of demotion, the existence of the prejudice of a non-pecuniary nature, as it derives from the infringement of constitutionally protected interests, must be attached and proven by the worker, as it cannot be configured as the damage "in re ipsa"....

In the event of a mortgage granted on state-owned land, the Notary is responsible

The Civil Cassation, with ruling of 3 February 2021 n. 2493, confirmed that the peaceful knowledge by the Notary of the state property regime of the property and of the derivation of the superficial right from the concession necessarily require that his duty of diligence must be pushed to verify whether the concession still exists and, therefore, its existence makes that right permanent, insofa...

The dismissal of a worker who refused to serve a client without a mask is illegitimate.

With an interesting ruling of 13 January 2021, n. 9, the Court of Arezzo had declared illegitimate the dismissal of an employee, who had refused to serve a customer who showed up at the cash desk without a mask, confirming the disciplinary irrelevance of the worker's conduct and condemning the employer to reinstate him in service....

The removal of the spouse from the marital home, without just cause, justifies the charge in the separation.

The Supreme Court, section I, with order no. 1785, filed on January 28, 2021, confirmed that the removal of the spouse from the marital home, if not assisted by just cause, constitutes a violation of the cohabitation obligation and is in itself sufficient to justify the separation charge, unless it is not proven that it was determined by the behavior of the other spouse or that it intervened at...

Extension of the block on evictions: the impossibility of vacating the property is due to factum principis

The Court of Milan with a ruling of 7 December 2020 established that the impossibility of vacating the property on the date set out in the preliminary contract, if it is due to the Law Decrees that ordered the blocking of evictions, is not guilty, because due to factum principis foreseeable and occurred at the conclusion of the contract....

The deed of sale which excludes the transfer of ownership of the common parts of a condominium is void.

The Supreme Court with ruling of 26 January 2021, n. 1610 argued that the clause contained in the contract for the sale of a real estate unit of a condominium, with which the ownership of some of the common parts is excluded from the transfer is void since, through the same, it is intended to implement the renunciation of a condominium to the aforementioned parties which is, however, prohibited...

EFSA opens to Novel Foods

On January 13, 2021, the European Food Safety Authority (EFSA) published its first comprehensive assessment of a food product derived from insects. The EFSA assessments on the safety of the so-called novel foods represent a first and crucial step for the European regulation of these food products. EFSA's scientific advice, combined with the work of European and national bodies, will allow in t...