News
Is legit the motivation of the Judge that recalls the conclusions of the technical advisor
- 23/10/2018
According to a recent sentence of the Court of Cassation n. 21504 of September 13th, 2018, when the Judge agrees with the conclusions of the technical consultant, is not obliged to express specifically the reasons for his conviction, since the legal obligation of the motivation is already fulfilled with the indication of sources of the expressed appreciation, from which it can be deduced that the contrary deductions of the parties have been implicitly rejected.
Therefore, the Judge, when he adheres to the conclusions of the technical consultant who, in his report, has taken into account the replies made by the part consultants, exhausts the obligation of the motivation.
It is, therefore, not necessary for the Judge to linger also on the contrary allegations of the part technical consultants who, even if not explicitly refuted, remain implicitly disregarded because they are incompatible with the conclusions drawn.
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