avvocati avvocato civilista studio legale Como

"Huius studii duae sunt positiones, publicum et privatum. Publicum ius est quod ad statum rei Romanae spectat, privatum quod ad singulorum utilitatem: sunt enim quaedam publice utilia, quaedam privatim. Publicum ius in sacris, in sacerdotibus, in magistratibus consistit" Ulp. D.


Loss of the maintenance allowance

The formation of a new de facto family by the divorced spouse determines the final loss of the maintenance allowance that the same benefits (Court of Cassation, decision n. 6855/2015 - downolad). Source: cortedicassazione.it

In some cases, the allowance can be lost despite of the disparity between the incomes of the former spouses (v. Court of Appeal of Palermo, judgment of 22 December 2015, n. 1902)


Initial Imbalance between contractual obligations

"The original economic imbalance between the bonds may relevant in support of termination of the contract in accordance with art. 1447 Civil Code, or art. 1448 Civil Code, considering the state of need or danger of any of the parties; Also it can be relevant for the purpose of its annulment under Article 428 cc, if the contract was entered into by people incapable. Still, generally speaking, the initial imbalance between contractual obligations does not determine by itself the nullity of the contract "(Court of Cassation, Sec. I Civil, sent. 4 November 2015, n. 22567).


The EU Data protection Reform

In the next few months, the European institutions will adopt the final texts of the new rules on data protection in the European Union: a general data protection regulation and a Directive on the protection of data processed by police and criminal justice sector... (read more)


Prohibition to cumulate compensations

"the insurance against non-fatal accidents is an insurance against damage and it is subject to the principle of indemnity, under which compensation may never exceed the damage actually suffered. It follows that the compensation due to the victim for personal injury must be reduced by the amount received as compensation from the insurance" (Cass. Civ. Sec. III, 06.11.2014, n. 13233, RV. 631753). Source: www.cortedicassazione.it


Separation and divorce: omitted notification of the appeal

Family lawyer Como Italy - separation - divorce

In proceedings relating to divorce and legal separation between the spouses (where the procedural provisions on divorce are applicable, pursuant to Art. 23 of the L. n. 74/1987), the appeal is issued ex art. 8 of the same Law simply by depositing, in the terms provided by Art. 325 and 327 c.p.c., the act of appeal in the clerk’s office of the Court ad quem: this prevent from any forfeiture of time limit.

It follows that any defect (or non-existence, legal or de facto) of the notification of the application and the order setting the hearing for discussion does not affect the appeal (now finalized), but requires that the Court, while finding the defect, order the Appellant to remove it within the given term of time (Court of Cassation, decision n. 15137/2015 - download).

The validity of the notifications performed by lawyers with certified e-mail before may, 15th 2015 questioned by the Court of Cassation

With the order n. 14368/2015 (download), the Supreme Court held that the applicability and usability of the rule set by art. 3-bis of Law no. 53 of 1994 became actual only after the 15th of May 2014, when the regulations of the 16th of April 2014 adopted by the Managing Director of the Automated Information Systems of the General Direction for Automated Information Systems, laying down the technical specifications provided by Article 34, paragraph 1, of the Decree of the Minister of Justice on 21 February 2011 n. 44, come into force... (read more)