Studio Legale Pavan Website

Material truth can be contested only through a forgery complaint

The Supreme Court, sect. III, with ruling of 7 june 2022, no. 18328, confirmed a consolidated principle of our legal system which states that the probative efficiency of the document legally recognized, if the material falsity is deducted, can be rejected only with the proposition of a forgery complaint, in every state and grade of the judgment, with methods and forms of art. 221, co. 2 e 3 c.p...

The agreement stipulated as a direct effect of a crime of extortion is null and void.

The Supreme Court, Sect. II, with ruling of 31.5.2022, no. 17568 established that, the agreement stipulated as a direct effect of a crime of extortion is affected by nullity, pursuant art. 1418 Civil code, detectable ex officio in every state and grade of the judgment, as a consequence of its contrast with the mandatory rule, having to recognize the violation of public order provisions...

Public procurement: signed the memorandum of understanding between ANAC and CNN

Anac and the National Council of Notaries (CNN) have approved a memorandum which aim of creating a mutual collaboration to provide a shared vademecum for in-house companies. The protocol aims to assist notaries when they face with the preparation of documents relating to the in house companies and also to implement training activities for contracting authorities....

Blockchain project for the internationalization of companies: the deadline for submitting applications expires on 31 July 2022.

The "Blockchain project for internationalization for companies" addressed to SMEs of the agri-food and textile sectors is available on the ICE website (the Agency for the Abroad Promotion and Internationalization of Italian Companies). The ambitious free project aims to implement the blockchain in the agri-food and textile supply chain of the participating companies. Companies will be admitted ...

Anti - Covid measures no longer effective? The non-fulfillment is unjustified.

The Court of Verona, Section I, by order of 5.5.2022, n. 142, in the context of an opposition to an injunction, established that the defendant debtor in court for the fulfillment of his obligation cannot plead - in order to be exempt from liability - compliance with the anti-Covid measures if the relationship mandatory has been implemented in a period in which the emergency legislation was no l...

Evidence of the concealed contract: the confession cannot make up for the lack of the formal requirement of a written counter-declaration

The Supreme Court, section II, with decision of 5.4.2022, n.10933, in theme of relative objective simulation provided that, for the purposes of proof of the concealed contract that should have been in written form "ad substantiam", it must be excluded that the confession can make up for the lack of the formal requirement represented by the written counter-declaration, necessary for the contract...

Agrarian retract and real offer

The Supreme Court, section III, with decision of 8 April 2022, n. 11491, on the subject of agrarian redemption, stated that the debtor of a pecuniary obligation, faced with the creditor's refusal to receive the service, has no other means of getting rid of his debt than the real offer referred to in art. 1208 of the Italian Civil Code, to no avail, noting that the creditor has refused the fulfi...

Fund for innovative investments of agricultural enterprises, open for the submission of applications starting from 23 May 2022.

Established with the 2020 Budget Law, the Fund is worth 5 million euros and is aimed at agricultural companies active in the sector of primary agricultural production, processing and marketing of agricultural products. The benefits will be granted in the form of a grant, to the extent of 30% of eligible expenses, or 40% in the case of expenses related to the purchase of capital, tangible or int...

Is dismissal for the performance of play or work activities in favour of third parties during absence due to illness legitimate?

The Supreme Court, Section lab., with decision no. 13063 of April 26, 2022, has held that there is no general prohibition in our legal system on the performance of other activities - even in favour of third parties - by the worker absent due to illness; therefore, the employer who for this reason imposes the dismissal is obliged to prove not only that the employee is actually carrying out other...

Death from Covid-19: compensation in the private accident sector recognized.

The Court of Turin, Section IV, with the decision of 19.1.2022 recognized that, in the absence of specific contractual exclusion, acute virulent infections that come from outside meet the definition of injury and, therefore, are technically eligible for insurance. The Court of Turin therefore recognized the right to compensation of the insured and his heirs and / or beneficiaries for infection ...

Cruise skipped due to Covid-19? The agency is required to refund the ticket

The Court of Lodi, with a judgment of 21 February 2022, ruled that the request for reimbursement of the sum used for the purchase of a tourist package concerning a cruise in the Caribbean with a stay in the Dominican Republic in March 2020 must be accepted, expected that the closure of the entrances to the country of destination had made it impossible to enjoy the tourist package. The acceptanc...

On the legal nature of the presupposition

The Court of Naples, section XII, with decision no. 1935 of 23 February 2022, stated that, in order to configure the case of the so-called "presupposition" (or unexpressed condition) it is necessary inferring from the content of the contract the existence of a factual situation, not expressly stated in the stipulation, but considered as an indispensable prerequisite of the will to negotiate, wh...