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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Comment on Order No. 10037 of 12/04/2024: The Non-Appealability of the Sale Order.

Let us analyze Order No. 10037 of 2024, which addresses the issue of the non-appealability of the sale order issued by the enforcement judge, and the legal implications of this decision.

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Granting of Services and Public Procurement: Commentary on Judgment No. 9818 of 2024

Let's analyze ruling no. 9818 of 2024, which clarifies the difference between service concession and public procurement, with particular attention to management risk and remuneration rights.

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Commentary on Ordinance Judgment No. 9190 of 2024 regarding jurisdictional conflict.

Let's analyze ruling no. 9190 of 2024 by the Court of Cassation, which clarifies the prerequisites for declaring the inadmissibility of the competence regulation under Article 45 of the Italian Civil Procedure Code, with particular reference to conflicts of jurisdiction between judges.

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Commentary on Judgment No. 8713 of 2024: The Enforceability of Default and the Solve et Repete Clause.

Let's analyze the recent ruling of the Court of Cassation No. 8713 of 2024, which clarifies the boundaries of the enforceability of non-performance and the importance of the solve et repete clause in contracts.

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Easements and Passive Legitimacy: Commentary on Ordinance No. 11601 of 2024

Let's analyze Ordinance No. 11601 of 2024 of the Court of Cassation, which clarifies important aspects of passive legitimacy in matters of servitudes. A useful insight to understand the rights and legal protections at stake.

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Order No. 11557 of 2024: The burden of proof in boundary regulations.

In this ruling, the Court clarifies the burden of proof in boundary disputes, highlighting the responsibilities of both parties and the role of the judge in evaluating the evidential elements.

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Commentary on Ordinance No. 11422 of 2024: Blank Signature and Abuse of Blank Endorsement

Let's analyze the recent ruling of the Court of Appeal of Milan regarding blank signatures and their legal implications, highlighting the rights and duties of the parties involved.

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Tacit Acceptance of Inheritance: Commentary on Judgment No. 11389 of 2024

Let's analyze ruling no. 11389 of 2024, which clarifies the distinction between acts of tacit acceptance of inheritance and the fulfillment of legacies, highlighting the necessary conditions for tacit acceptance to be considered valid and the role of acts carried out with one's own or third-party funds.

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Order No. 11440 of 2024: Obligation to Report in Suspicious Financial Transactions.

The recent ruling of the Court of Cassation clarifies the obligation to report financial transactions deemed to be the result of money laundering, indicating an objective rather than subjective approach for financial operators.

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Analysis of Judgment No. 11193/2024: Ius Superveniens and Building Limits

The recent ruling of the Court of Cassation clarifies the application of the new building regulations in relation to the principle of prevention, highlighting the need for a concrete analysis of the consequences for existing buildings.