Welcome to the page dedicated to court cases and legal decisions on the Bianucci Law Firm blog. Here you can find a curated selection of articles and insights on various legal topics related to court proceedings and judicial decisions.
The ruling of the Court of Cassation clarifies the interaction between the crime of kidnapping and the abduction of minors, highlighting the need to protect distinct but coexisting rights.
The ruling of the Court of Cassation provides new insights on the entitlement to receive alimony in the case of adult children. Let us explore the legal implications and the reasons behind the decision.
The ruling of the Court of Cassation clearly addresses the responsibilities of public entities in the control of stray dogs and the rights of citizens to adequate compensation. An emblematic case for Italian civil law.
Analysis of the Supreme Court ruling on the case of a road accident and the liability of Anas, with reflections on road maintenance and user safety.
Let's analyze the recent ruling of the Court of Cassation that confirmed the decisions of the Court of Appeal regarding shared custody and visitation arrangements between parent and child, delving into the principles of dual parenthood and the role of the judge in the protection of minors.
The ruling of the Court of Cassation clarifies the boundaries of the crime of usury and the necessity of an inducive conduct, providing relevant insights for lawyers and citizens.
The recent ruling of the Court of Cassation provides important clarifications on international child abduction, highlighting the fundamental principles of the Hague Convention and the concept of habitual residence.
An analysis of the Supreme Court ruling that confirmed the liability of entrepreneurs colluding with the mafia, highlighting the dynamics of extortion and the role of the statements made by cooperating witnesses.
Analysis of the Supreme Court ruling regarding the transport of illegal immigrants and the legal implications related to the aggravating circumstances provided for by the Consolidated Immigration Act.
Analysis of the Supreme Court ruling regarding the unlawful retention of minors abroad and its implications for parental rights, with reference to Italian and international jurisprudence.
2012 reform 2018 A.A. abbreviated trial abduction of minors abstention abuse abuse of contracts abuse of office abuse of power abuse of rights abusiveness acceptance acceptance of inheritance accessories of credit accessory penalties Accident accident prevention law accidents accountant Accounting accounting records accounting technical consultancy accreditation accumulation of claims acoustic emissions acquittal action for reduction action of nullity active legitimacy active repentance adjustments administrative acts administrative court administrative law administrative liability administrative proceedings administrative review administrative sanctions administrators adoptability adoption adult children adults adversarial proceeding Adversarial proceedings adversarial process adverse possession aggravated fraud aggravating circumstances aggravating factors aggravating factors robbery agreements Agricultural Companies agricultural contract agricultural law agricultural redemption agricultural unemployment aiding and abetting aiding illegal immigration alimony allocation of the marital home allowance review alternative measures alternative penalties ambulatoriness amendments to the claim ancillary penalties annulment of res judicata annulment without referral anti-money laundering legislation apology of fascism appeal appeal agreement appeal mandate appeal to the Court of Cassation Appeal to the Supreme Court appealability appeals appropriateness arbitrary exercise armed conflict arrest art. 141 Insurance Code art. 2051 art. 2051 c.c. art. 36 of the Constitution. art. 380-bis art. 380-bis c.p.c. Art. 603 Code of Criminal Procedure art. 610 art. 618 art. 82 c.p.c. article 127 article 133 of the penal code article 2087 civil code article 231 cpc Article 345 of the Code of Civil Procedure. article 348-ter article 448 articles 809 and 771 asbestos ASL liability assessment asset liability assignment of credit atypical evidence authority of the Prefect authorization opinion autonomous organization autonomy Awareness backdating ballot set-aside bank interest banking contracts banking law bankruptcy bankruptcy fraud bankruptcy law bankruptcy offenses begging Bergamo best interest of the child best interests of the child betting bid rigging binding judgment biological damage biological truth biparentality birth injuries birth injury blood transfusion blood transfusions board of auditors bodily injury Bolzano breach breach of contract breathalyzer building crime building crimes burden of allegation burden of defense burden of proof business income business transfer C.A. cadastral classification cadastral revision Camorra clan capacity to think and will capacity to understand Capital Rome case law case management case resumption Catanzaro court catastrophic damage causal link causation certificates challenge change of residence charge child abduction child hearing child pornography child protection Child Rights child support childbirth children's needs children's rights children's welfare children’s rights circumstantial evidence citizenship Civil Code Civil Code articles civil law civil liability civil party civil procedure civil trial civil union claim report claims made claims made clause claims made clauses clandestine transport clauses claims made closing times CNF co-ownership co-parenting code of civil procedure code of criminal procedure coercive abuse cohabitation cohabitation more uxorio collation collection collection agent colluding entrepreneurs colonoscopy commercial law commission communication community service compensatio lucri cum damno compensation compensation for damages compensation tables compensations compensatory liability competence competition complaint complicity in the crime composition compulsory enforcement compulsory treatment computer devices computer error computer systems concealment conciliation concurrence of offenses concurrent sentences conditional intent conditional suspension conditional suspension of sentence condominium confiscated assets confiscation congenital malformations consensual separation consent consent of the parties Consob consolidation of appeals conspiracy Constitutional Court constitutional legitimacy Consumer Code consumer forum consumer law consumer protection consumer rights consumers consumption dispute contempt continued offense continuing offense continuous offenses contract contract interpretation contract law contracts contractual interpretation contractual liability contractual waiver Contradictory contribution statement contributory negligence conversion conversion of sentence conviction cooperation cooperative copyright corporate income tax corporate law correction of errors corruption cosmetics Counter-argument court Court of Appeal Court of Appeal of Ancona Court of Appeal of Bari Court of Appeal of Brescia Court of Appeal of Catania Court of Appeal of Milan Court of Appeal of Salerno Court of Appeal of Trento Court of Appeal ruling Court of Appeals Court of Assizes Court of Auditors Court of Brescia Court of Cassation Court of Cassation 19744/2014 Court of Crotone court of freedom Court of Justice of the EU court of Naples court of review Court of Spoleto Court of Verona court orders courts courtyards cover-up Covid-19 Covid-19 emergency Cramer Bank credibility credit compensation credit fraud creditor protection creditor's liability creditors credits crime crimes crimes against public administration Criminal Association criminal confiscation criminal justice criminal law criminal liability criminal offenses criminal procedural law criminal procedure criminal proceedings criminal report criminal trial criminal_law culpability cumulative sentences custodial liability custodial sentence custodial terms custody custody of minors custody rights cyber fraud D.D. damage damage assessment damage compensation damage evidence damage from loss of chance damages damages assessment damages compensation DASPO data daytime isolation de facto administrator de facto family de plano procedure death Death of the defendant death penalty debt waiver debts deception decision 20877 Decisive Evidence decriminalization deductible expenses defamation default defect of motivation defense defense attorney defense guarantees defense rights defensive medicine deferment of sentence deservingness Detention determinability diagnostic error differential damage digital authentication digital signature diplomatic personnel direct citation offenses Directive 2005/14/EC directors disability disability insurance disability law disavowal disciplinary sanctions discipline discrimination dismissal dispute violation disputed credits dissolved company divorce divorce alimony divorce allowance divorce settlement documentary evidence documentation domestic violence domicile donation donations driving under the influence driving without a license drug offenses drug possession drug trafficking drugs dual parenthood dual parenting early release ECHR economic activity economic conditions economic crimes economic disparity economic equity economic responsibility economic self-sufficiency economic treatment education educators elections electoral crimes electricity electronic criminal trial electronic filing embezzlement emergency emergency law emergency regulation emergency removal emissions emotional bonds employer liability endo-executive division energy supply enforceability enforceable title enforcement Enforcement Judge enhanced reasoning entrepreneur expenses environmental liability environmental responsibility equality equitable settlement Equitalia equity equivalent confiscation European arrest warrant European Court of Human Rights European Court of Justice European investigation order European law European protection order European Public Prosecutor European regulations evasion evidence evidence of guilt evidentiary seizure evidentiary seriousness excluded evidence exclusive custody excusability execution incident execution judge executive acts executive title exemption expedited justice expense compensation expense settlement expiration exploitation prostitution extended effect extension of terms external competition external_competition extinction extinction of the crime extinction of the judgment extortion extradition extraordinary administration extraordinary appeal extraordinary expenses factual error failure to communicate Failure to Declare failure to pay failure to report failure to supervise fair compensation fair trial false complaint false corporate communications false declaration family family conflict family law family obligations family relationships family responsibilities family responsibility family rights fault favor rei fee filing financial advisors financial contribution financial intermediation financial leasing financing fixed-term contracts fixed-term employment flight delays floods food law force majeure forced execution forced heirs foreclosure foreign convicts foreign forum foreign language defendants foreign minors forgery formal error fortuitous event forum of the commission of crimes foster care fragility fraud fraudulent bankruptcy fraudulent declaration fraudulent operations freedom of choice freedom of expression freedom of the press fugitive fugitive status fulfillment gambling gambling addiction garages gardens gender dysphoria General Fraud general intent genetic testing good faith grandparents granting guarantee guarantee limits guardianship guardrail guidelines gynecologist habitual crime habitual residence habituality Hague Hague Convention hazardous activities HCV health health assessment health law health laws health of the inmate health safety healthcare liability healthcare professionals healthcare services hearing of the minor hearings heirs hermeneutics highways holographic will Homicide honorary judges hospital liability house arrest human dignity human rights hydroelectric concession hydrogeological constraint iatrogenic damage iatrogenic injury ideological falsehood ideological falsehood. illegal carrying of weapons illegal penalty illegal stay illegality illicit proceeds illiteracy immediate judgment immigration immigration law immunity immunity from seizure impartiality impeditive causes impeditive crimes impossibility imprisonment IMU Inadmissibility inadmissible appeal inadmissible appeals inadmissible evidence INAIL incapacity incidental appeal incitement to corruption income income disparity income tax incompatibility increase of sentence indemnity indemnity law independent right indirect donations individual freedom individual rights inducement to error ineffectiveness ineffectiveness of the contract infidelity influence peddling informed consent ingratitude inheritance inheritance division inheritance law inheritances inhuman treatment inhuman treatments injunction injury from fall INPS insolvency insolvency crimes insolvency law insult insurance insurance compensation insurance law insurance policies insurance policy intangible assets intent intercompany transactions interest interest rate international abduction international cooperation international custody international law international protection interpretation interrogation interruption of proceedings intoxication inventory benefit investigations investments invoices involuntary manslaughter Irap Italian jurisprudence Italian justice Italian law Jealousy joinder of parties joint liability joint participation judgment Judgment 16617 judgment 34950/2022 judgment 3767/2018 Judgment 7601 judgment 8688 judgment no. 131 of 2024 judgment no. 17585 judgment no. 21431 judgment no. 25585 judgment no. 28018 judgment no. 30092 judgment no. 39153 judgments judicial error judicial reasoning jurisdiction jurisdiction by value Jurisprudence jurisprudential maxims just cause justice justice of the peace justification justifying circumstances kidnapping knowledge of the process labor law lack of interest lack of reasoning land invasion land sale landlord liability landscape law late appeal late filing law law 184/1983 law 194 Law 219/1981 law 604/1966 law 898/1970 Law No. 69 of 2005 lawyer lawyer's fees lawyers Lazio regional law lease lease agreement leases leasing legal adulthood legal aid legal availability legal community legal costs legal distance exemption legal entities legal expenses legal fees legal interpretation legal liability legal principles legal profession legal qualification legal reflections legal remedies legal requalification legislative decree 231 Legislative Decree 231/2001 Legislative Decree 74/2000 Legislative Decree 81/2008 Legislative Decree No. 74/2000 legitimacy legitimaries legitimate occupation legitimate share liability liability of directors liability of entities liability of liquidators liability of public entities liability of the Municipality liability of the Public Administration liberality lien life insurance limitation limited liability liquidation decree liquidator liability liquidators listening to the minor litigation costs Local Taxes logical prejudiciality loss of chance loss of parental relationship lottery Lyell syndrome M.V. mafia mafia association mafia associations mafia_association maintenance maintenance allowance maintenance obligation maintenance of public works malpractice mandate to appeal marital community marital home marital responsibility marital separation marriage massacre material error mediation mediation compensation medical error medical liability medical malpractice medical negligence medical questionnaire meeting proceedings memories Merger by incorporation merit messaging Milan Court mild adoption mineral waters minor abduction minor children minor entity minor hearing minor offense minor rights minor significance of the act minor's opinion minors minors transfer minors' rights mistreatment mitigating circumstances mitigating factor mitigating factors mixed contract mobbing modal donation monetary penalty money laundering money transfer moped moral damage more favorable law mortgage mortgage registration mother's standing motivation municipal liability Municipality of Gragnano murder murder contract Naples narcotic substances narcotics NASpI natural incapacity ne bis in idem negative assessment new claim new reasons no grounds for prosecution noise emissions non-binary identity non-compliance non-economic damage non-existence non-pecuniary damage non-performance non-punishability nonexistent invoices nosocomial infection nosocomial infections notarial liability notary notice of injunction notice of service notification notifications nullity nullity of contract nullity of contracts nullity of the judgment nullity of will nursing home oath obligations obstructive crimes occupational disease occupational health offense offenses subject to complaint official secret omitted examination omitted payment ongoing crimes Opposition opposition art. 391 c.p.c. opposition to dismissal opposition to enforcement opposition to execution order Order 10131 order 10795/2024 Order 10939/2024 order 11243 order 15470 order 16012 order 16526 order 17401 order 19022 Order 19145 Order 19293 order 2024 Order 20351 order 20871 Order No. 16456 order no. 19452 order no. 9706 ordinance ordinance no. 9358 ordinary disability allowance ordinary jurisdiction orphaned grandchildren out-of-court assistance overdose overruling package travel paper judgment paper proceedings para-familiarity parallel proceedings parental authority parental capacity parental conflict parental damage parental inadequacy parental obligations parental responsibilities parental responsibility parental rights parental supervision parenting agreement parking lots partial annulment partial invalidity participation of individuals participatory right particular slightness of the act passenger liability passenger rights passengers passive standing paternity paternity denial paving payment notice payment notices penal code penalties penitentiary institutions pension pensions People's Republic of China periculum in mora personal facilitation personal freedom personal injuries personal injury personal precautionary measures personalization plea bargaining pledge pledge right of preemption plurality of parties Popular Bank postponement of hearing potestative condition power of attorney pre-arranged agreement pre-emption precautionary measures precautionary order precept preclusive effect predeductibility predicate offense predictability of conviction preemption prejudice preliminary contract preliminary ruling premature birth premeditation prescription president of the court Presidential Decree 309/1990 Presidential Decree 602/1973 Presidential Decree No. 18 of 1967 preventive agreement preventive arrangement preventive confiscation preventive custody preventive measures preventive seizure price revision principle of correlation principle of immutability principle of specialty principle of the appearance of the law prison benefits prison system privacy private violence private writing verification probation procedibility procedural fairness procedural law procedural representation procedural term procedural terms proceedings upon complaint proceeds of crime procurement production costs professional liability professional services progressive judgment prohibition of expatriation promise of payment properties A7 properties A8 property property damage property law property rights proportionality protection of creditors protection of minors provision provisional provocation psychiatric evaluation psychological suffering psychopathology public acts Public Administration Public Contributions public employment public entities public entity public entity liability public grants public liability public official public officials public residential building public responsibility public safety public service public waters public will public works publication of image punishability purpose loan qualification qualification of the claim quantum quantum debeatur radiological exposure RCA insurance readmission real estate real estate law real estate transfer real estate values reasoning reasoning of the judgment receipt receiving stolen goods recidivism reconciliation recovery recovery function recusal reduction of donations referral referral judge reforestation reformatio in peius refugee refusal of transfusion regional law regional legislation registration registration fees registration tax Regulation 2201/2003 Regulation EC 261/2004 rehabilitation rehabilitation path reimburseability reimbursement of expenses reintegration related crimes Relevance relevant error reliability of testimonies religious education remediation remuneration renewal of proceedings rents repatriation repeal replacements reporting Republic of Ukraine res judicata res judicata rescission rescisione del giudicato rescission rescission of the judgment reservation of appeal residence permit residents resistance evidence responsibility responsibility of judges restitution restorative justice resumption retention right retroactivity return within the deadline revenge porn Revenue Agency review review court revision revocability revocation revocation of counsel revocation of order revocation of penalty revocation of sentence suspension revocation of spousal support right of access to justice right of asylum right of complaint right of defense right of recourse right of reduction right of way right of withdrawal right to adjustment right to asylum right to be forgotten right to be heard right to compensation right to defense right to health right to honor right to life right to privacy right to quiet right to report right to rest right to sue rights of ascendants rights of the accused rights of the beneficiary risk risk allowance risk of default road accident road accidents road damages road maintenance road potholes road traffic road traffic accidents robbery role extract Rome Capital ruling ruling 1188 ruling 13326 ruling 13366 ruling 1361/2014 ruling 16351/2024 ruling 16404 ruling 16462 ruling 16691/2024 ruling 16703/2024 ruling 16716/2024 ruling 17154/2024 ruling 17191/2011 ruling 17320 ruling 18/2023 ruling 18351 ruling 18710 ruling 19034/2024 ruling 19069/2024 ruling 2007 ruling 2020 ruling 2021 ruling 2022 ruling 2023 ruling 2024 ruling 22135 ruling 25134 ruling 25274 ruling 2536/2024 ruling 26250 ruling 30040/2024 ruling 30143 ruling 32354/2024 ruling 48744 ruling 49289 ruling 5947 ruling 7760/2016 ruling 834/2025 ruling 9140 ruling 9570/2024 ruling Court of Naples ruling no. 10868 ruling no. 11622 ruling no. 17918 ruling no. 19976 ruling no. 26721 ruling no. 41721/2024 ruling no. 49273 ruling no. 6433 ruling of the Court of Cassation ruling Supreme Court rulings ruling_30133 safety safety of systems sale sale of goods sanctions saw and liked clause scholarship school law school staff screen company securitization security security measures security obligation Seismic Events seizure self-defamation self-defense self-determination self-laundering self-money laundering Self-sufficiency semi-liberty sentence sentence 11659 sentence 27090 sentence 27466 sentence 45587 sentence 45792 sentence no. 2362 sentencing deferment separate assets separation separation charge served sentences settlement severance pay sex reassignment sexual orientation share capital share transfer shared custody shared parenting short term side agreements signature simple bankruptcy simulation Sky ECC slight mitigating circumstance smuggling social dangerousness social reintegration social security social security law social service social services socially useful work solidarity solvency special curator special jurisdictions special power of attorney specific intent specific obligation specific performance sponsorship contracts spousal duties spousal support spouses' rights stalking standard of living standing start date state of abandonment statute of limitations statute of limitations for crimes statutory clauses stray animals stray dogs strict liability students' rights subjective element subjective right subordination subsidiary liability substantial identity substitute penalties substitute penalty substitute sanctions substitution succession succession law succession of criminal laws succession of laws successions summons to court supplementary declaration support administration support administrator support decree Supreme Court Supreme Court 2023 Supreme Court 2024 Supreme Court ruling Supreme Court ruling 2023 Supreme_Court surgical intervention Surveillance Court surveillance magistrate survivor's pension survivors' pension suspension of collection suspension of deadlines suspension of enforceability suspension of enforcement activities suspension of terms suspensive condition suspensive conditions T.U.F. tacit acceptance tacit consent tax acts tax assessment tax benefits tax collection tax compensation tax consultants tax credit tax crime tax crimes tax debt Tax Evasion tax fraud tax incentives tax law tax legislation Tax Liability tax obligations tax offense tax offenses tax regime tax return tax trial tax violations taxation taxes technical consultancy technical consulting Technical Expert Opinion technical investigations technical manager Technical Observations telephone data termination termination of the proceedings territorial incompetence territorial jurisdiction terrorism testamentary succession testamentary will testator's intention testimonial evidence testimonies testimony TEU theft third-party opposition third-party rights threshold of punishability timelines timeliness timeshare tolerability tolerance tort torture totalitarian ideologies traffic accident traffic regulations trafficking transcription Transfer of credit transfer of minors transfer of shares translation of judgments transnational disputes transparency trial in absentia triviality of the act trusted defense attorney TSO Ukraine unauthorized access unavailability unconstitutional illegitimacy unconstitutionality undue compensation undue inducement undue influence unified contribution unilateral termination United Sections unjust enrichment unlawful act unlawful conduct unlawful detention unlawful occupation unlawfully received urban planning certification urban planning law use of service vehicles usufruct usury validation of arrest VAT VAT credit victim protection viewing rights violation violation of law violence violent crimes visitation visitation rights wage rights waiver waiver of appeal waiver of appeal grounds warranty for defects waste combustion waste management water court water damage water resources weapon confiscation weapons weather events welfare of minors wildlife will will of the beneficiary wiretapping withdrawal of complaint withholding agents withholdings witness evidence witness testimony Work work environment work-related liability. work-related stress worker health worker training workers' rights workplace accident workplace accidents workplace injuries workplace safety written form