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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Usurpatory and Appropriative Occupation: Commentary on Judgment No. 18222 of 2024

Let's analyze the recent Order No. 18222 of 2024, which clarifies the distinction between usurpative and appropriative occupation, and the possibility of requalifying compensation claims. Discover how case law has evolved in the field of expropriation for public utility.

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Commentary on Ordinance No. 18232 of 2024: Res Judicata and Guarantees.

Let's explore the importance of ruling no. 18232 of 2024 regarding the limits of the authority of res judicata and the implications on guarantees and revocatory actions.

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Merger by Incorporation and Bankruptcy: Analysis of Ruling No. 18261/2024

The ruling of July 3, 2024 addresses the implications of merger by incorporation in the event of insolvency, with particular attention to the establishment of adversarial proceedings and the rights of the incorporating company.

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Preventive Arrangement: Commentary on Ruling No. 18019 of 2024

The recent ruling of the Court of Appeal of Venice clarifies the possibility of challenging the measures of the delegated judge regarding pre-bankruptcy agreements, even after the approval. A thorough analysis.

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Order No. 16511 of 2024: International protection and hearing of trafficking victims

The order of June 13, 2024 clarifies the hearing procedures for trafficking victims within the framework of international protection, highlighting the importance of verification by the merit judge.

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Judgment No. 15804 of 2024: The Importance of Reasoning in Technical Consulting.

Judgment No. 15804 of 2024 clarifies the judge's obligation to provide reasoning when accepting the conclusions of the court-appointed expert report, highlighting the consequences of a lack of adequate justification.

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Analysis of Judgment No. 18625 of 08/07/2024: Freedom of Establishment and Gambling.

The recent ruling no. 18625 of 2024 clarifies the limits to the freedom of establishment in the betting sector, highlighting the importance of legitimate justifications by member states.

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Analysis of Judgment No. 18286 of 04/07/2024: Seizure and Principle of Proportionality

Judgment no. 18286 of 2024 addresses the delicate issue of seizure in the field of customs duties, highlighting its nature as a security measure and the non-violation of the principle of proportionality. Let’s explore the details.

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Analysis of Judgment No. 24334 of 2023: Embezzlement and Appropriation of Intangible Assets.

The ruling of the Court of Cassation in 2023 provides important clarifications on the configurability of the crime of embezzlement in relation to the appropriation of intangible assets, highlighting the issues related to the improper use of tax credits by public officials.

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Unauthorized access to computer systems: ruling no. 27900 of 2023 and the Dropbox case.

The recent ruling of the Court of Cassation on the case of unauthorized access to a computer system highlights the importance of establishing the owner of the virtual space. Let's explore together the details and legal implications of this decision.