Studio Legale Pavan Website

Recent guidance on the payment made in good faith to the apparent creditor.

The Court of Turin with sentence of 1 July 2020, n. 2129 stated that art. 1189 of the Italian Civil Code, which recognizes the validity of the payment made in good faith to those who appear entitled to receive it, is also applicable in the case of payment of the sums deposited in a current account and the equivalent value of the securities deposited, made after the closure of the account due to...

Procurement: the CDS admits the legitimacy of copy-paste in judgments.

The Council of State, section V, sentence 7 January 2021, n. 224 established that a sentence drawn up with the "copy / paste" method that reproduces the defenses explained by one of the parties in the first instance judgment cannot be considered illegitimate or null if each head of the same is sufficiently motivated and suitable to explain the reasons for the conclusions reached by the judge....

The recent orientation of the Supreme Court regarding child support, ordinary and extraordinary expenses.

The Court of Cassation, section I, with sentence of 13 January 2021, n. 379, in the matter of reimbursement of so-called expenses. overtime incurred by parents for the maintenance of the child has established that it is necessary, substantially, to distinguish between: a) the disbursements that are intended for the ordinary needs of the child and which, certain in their constant and foreseeable...

The disciplinary dispute that lacks immediacy is late.

The Supreme Court, Labour Section, with decision of 24 December 2020, n. 29595 established that the disciplinary dispute relating to the performance of work with a competitor company is late, during the suspension - for redundancy fund - of the employment relationship, if the same employer company has admitted to having had knowledge of it months before, without citing difficulties of investiga...

Right to self-determination and religious freedom: acceptance of the laparotomy by the Jehovah's Witness does not imply acceptance of blood transfusion

The Supreme Court of Cassation, with decision of 23 December 2020, n. 29469 returned to pronounce on self-determination and religious freedom. In particular, the Jehovah's Witness who asserts the right of self-determination in the field of medical treatment to protect the freedom to profess their religious faith has the right to refuse blood transfusion even with a declaration made before medic...

Administrative process: the questions and exceptions declared absorbed or not examined in the first instance sentence can be re-proposed on appeal.

The Council of State, section III, with sentence of 14 December 2020, n. 7967 established that in the administrative process, parties other than the appellant are allowed to re-propose, pursuant to art. 101, paragraph 2 of the c.p.a., the applications and exceptions declared absorbed or not examined in the first instance sentence, by means of a simple defense brief (not notified) to be filed un...

The violation of the obligation to supervise the safety and safety of the pupil in the classroom configures a hypothesis of contractual (and not extra-contractual) responsibility of the school.

The Court of Reggio Calabria with an interesting sentence of 20 November 2020, n. 1087, accepted the claim for compensation put forward by the parents of a boy for the damages suffered by them due to the illicit conduct carried out against him, in the school premises, by two classmates. The request of the parents who, initially, had called into question the MIUR for non-contractual liability, p...

The owner responds pursuant to art. 2051 of the fumes coming from the chimney of the pizzeria that manages the premises

The "Corte di Cassazione" with order of 10 December 2020, n. 28197, provides that with reference to the lease of the property, which involves the transfer of the availability of the leased property and its appurtenances, although the tenant's obligation to keep the leased property is ordinarily configured, from which also the liability on his charge - without prejudice to the solidarity with ...

ANAC guidelines on transparency: partial illegitimacy

The Lazio Tar, section I, with decision of 20 November, n. 12288 established that the identification of the recipients of the obligation to publish the data referred to in paragraph 1-bis of art. 14 of Legislative Decree no. 33/2013, including income and assets, in the physicians in charge of a complex structure does not constitute an adequate balance between the needs of transparency and those...

The vehicle insurer is responsible, even in the case of circulation with a test plate.

The Supreme Court, with order of 14.12.2020, n. 28433 established that, in the event that a vehicle with a registration certificate, regularly registered and therefore covered by the ordinary insurance of civil liability, is put into circulation with the affixing of a test plate, superimposed on the ordinary one, it will be applied the vehicle warranty....

Evidence for presumptions of damage resulting from demotion.

The Supreme Court, Labor Section, with decision of 4.12.2020, n. 27910 established that the damage resulting from demotion can be demonstrated before the Court with all the means permitted by the legal system, assuming the main importance is the evidence for presumptions, so from the overall assessment of precise elements inferred (characteristics, duration, severity, personal frustration ) it ...

Prohibition of nova on appeal, does it also apply to divorce?

The Civil Cassation, section I, by order of 30 November 2020, n. 27234 affirmed an important principle of law: “in the divorce proceedings on appeal, which takes place, pursuant to Law no. 898 of 1970, article 4, paragraph 15, according to the chamber rite, in itself characterized by the summary knowledge and the simplicity of the forms, the full applicability of the rules governing the ordin...