Case Law: Legal Precedents and Court Decisions

Discover a collection of articles and insights on case law, legal precedents, and court decisions in the field of law on the Bianucci Legal Studio blog.

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Commentary on Ruling No. 18881 of 2024: Jurisdiction Regulation and Timeliness of the Exception.

Judgment No. 18881 of 2024 clarifies the limits of the judge's power regarding jurisdiction, highlighting the importance of timeliness in raising the objection of lack of jurisdiction and the applicable principles of law.

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Commentary on Judgment No. 18831 of 2024: Promise of Payment and Burden of Proof

Let's analyze ruling no. 18831 of 2024 by the Court of Cassation regarding the non-transferable allowance and the legal implications of the promise to pay.

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Order No. 18676 of 2024: The Tolerability of Emissions in Property Law

The ruling of the Court of Cassation on the issue of emissions and tolerability provides us with important insights to understand the rights of property owners and the limits imposed by the respect for civil coexistence. Let us analyze the legal principles underlying this decision.

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Order No. 18465 of 2024: Analysis on the Determination of Judicial Costs.

The order no. 18465 of 2024 of the Court of Appeal of Bari provides important clarifications on the determination of the value of the dispute and on the reimbursement of costs borne by the losing party. Let us explore the principles and legal implications of this decision.

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Compensation for damages from road accidents: commentary on Ordinance No. 17670 of 2024

Let's analyze together Ordinance No. 17670 of 2024, which clarifies the criteria for compensability of damages suffered by a motor vehicle in the event of a road accident, highlighting the importance of the assessment by the merit judge.

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Health liability and causality: commentary on ruling no. 17171 of 2024.

Let us analyze the recent ruling of the Court of Cassation that clarifies the limits of healthcare liability in relation to causality and unreasonable risk, providing valuable guidance for the protection of patients' rights.

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Judgment No. 17122 of 20/06/2024: Ordinary Revocation and Enforceability of Contractual Clauses

The ruling no. 17122 of 2024 clarifies the unenforceability of contractual clauses regarding the governing law of the contract against creditors in the event of a revocation action, analyzing the context of contractual obligations and European regulations.

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Commentary on Judgment No. 17055 of 20/06/2024: Forced Execution and Abuse of Clauses.

Judgment No. 17055 of 2024 addresses the issue of enforcement based on an unchallenged injunction, highlighting the importance of official verification of abusive clauses in contractual matters, in accordance with Directive 93/13/EEC.

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Order No. 16737 of 2024: The Assessment of Clinical Certifications and Their Evidentiary Value.

A detailed analysis of the recent order no. 16737 of 2024, which clarifies the evidential value of the statements contained in a medical record and the importance of documentary evidence in the healthcare sector.

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Judgment No. 16669 of 14/06/2024: Confession and Unfavorable Facts in Civil Law

Let's analyze ruling no. 16669 of 2024 from the Court of Cassation, which clarifies the limits of judicial confession, particularly regarding the definition of unfavorable fact and its applicability in obligatory relations.