Court Cases and Legal Decisions: Articles and Insights

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.

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R. M. and the Evasion of Judicial Provisions: Commentary on the Judgment of Cass. Pen., Section VI, No. 12976 of 2020.

The ruling of the Court of Cassation provides important insights into the distinction between non-performance and evasion in the context of child custody. Let us analyze the reasons and legal implications of this case.

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Analysis of the Judgment of the Court of Cassation No. 28401 of 2022: The Crime of Failure to Execute a Judicial Measure Regarding Custody.

The recent ruling of the Supreme Court provides important insights into the criminal liability of parents in case of non-compliance with the visitation obligations set by the judge. Let us analyze the legal principles applied and the implications for family law.

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Analysis of the Judgment of the Court of Cassation, Civil Section VI - 1, Order No. 20323 of 2019: Divorce and Reconciliation.

The Court of Cassation clarifies the role of evidence in reconciliation during divorce, establishing fundamental principles for the protection of the right to defense and the effectiveness of separation and divorce procedures.

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Jurisdiction in cases of child abduction: analysis of the C-603/20 ruling of the EU Court of Justice.

The C-603/20 ruling of the Court of Justice of the European Union provides important clarifications on jurisdiction in cases of child abduction to third States, highlighting the interactions between European and international regulations.

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Divorce and Maintenance Allowance: Commentary on Cass. Civ. Sentence, Ord. No. 31564/2024

The recent ruling of the Court of Cassation on the maintenance of adult children and the burden of proof highlights the importance of individual responsibility in the study path and in the request for alimony.

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Hypothesis of mortgage cancellation in case of separation: Cass. civ. no. 20552/2024

The recent ruling of the Court of Cassation clarifies the prerequisites for the registration and cancellation of the mortgage as security for alimony in the event of separation, highlighting the importance of assessing the risk of non-compliance.

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Separation of Spouses: Commentary on Cass. civ., Section I, Ord. No. 30721 of 2024

The recent ruling of the Court of Cassation highlights the complexities of the separation proceedings and the importance of proving violence and mistreatment for the purpose of attribution of fault. A thorough analysis of the judgment and its legal implications.

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The Court of Cassation on the revocation of alimony: Order No. 26751 of 2024.

An analysis of the recent ruling by the Court of Cassation regarding the revocation of spousal support, focusing on the burden of proof and the economic conditions of the parties.

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Analysis of the Judgment of the Court of Cassation, United Sections No. 22437/2018: The Claims Made Clauses in Insurance.

An in-depth analysis of the ruling by the United Sections of the Court of Cassation that examined the validity of claims made clauses in insurance contracts, clarifying the rights of policyholders and the responsibilities of insurers.

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Analysis of the ruling Cass. civ., Sect. III, Ord. n. 2897 of 2024: civil and criminal liability compared.

In this analysis, we delve into the recent ruling of the Court of Cassation, which clarifies the boundaries between civil and criminal liability, with particular reference to the use of atypical evidence and the burdens of proof in the case of damages. Discover how this decision impacts compensation actions.