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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Order No. 18518 of 2024: Custodian Liability and Burden of Proof

The Supreme Court's ruling clarifies the burden of proof on the injured party in cases of liability for things in custody, specifying the objective nature of the custodian's responsibility. Let's explore the details and legal implications.

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Commentary on the Order Judgment No. 18367 of 2024: Opposition to Execution and Autonomy of Grounds.

Analysis of the recent Order No. 18367 of 04/07/2024, which clarifies the autonomy of the grounds in opposition to enforcement and the implications for legal fees. Let’s explore the fundamental principles of this decision together.

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Analysis of Judgment No. 18368 of 2024: Pledge Pre-emption and Right of Recourse

We explore the ruling no. 18368 of 2024 by the Court of Cassation, which clarifies the role of the pledge and the rights of the third-party pledgor in the context of asset liability and the discharging effect.

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Implied consent to the publication of the image: analysis of ruling no. 18276 of 2024.

The Court of Cassation clarifies the issue of tacit consent to the exposure of one's image, highlighting the requirements for its validity under Italian law.

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Analysis of Order No. 18140 of 2024: Notifications in Single Copy and Plurality of Parties

Order No. 18140 of 2024 of the Court of Cassation clarifies the importance of serving procedural acts in cases with multiple parties, establishing that a single copy is sufficient when a person acts both in their own name and as a legal representative.

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Commentary on Judgment No. 18191 of 2024: the Condemnation to Pay the Unified Contribution

Analysis of the Supreme Court ruling regarding the administrative nature of the order to pay the unified contribution and its implications for the parties involved.

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Commentary on Judgment No. 18196 of 2024: The Endo-Executive Division and the Terms of Reinstatement.

Analysis of the recent ruling of the Supreme Court of Cassation regarding the end-executive division process and the deadlines for the resumption of the enforcement process, with particular attention to the role of declaratory measures.

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Order No. 18037 of 2024: Financial Leasing and Anti-Usury Regulation

Order No. 18037 of 2024 clarifies the distinction between penalties for non-compliance and usurious interest rates in financial leasing, providing important guidance for contractual practices.

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Analysis of Judgment No. 17893 of 2024: Necessary Joinder and Interest in Appeal.

Let's explore the important ruling of the Court of Cassation regarding the failure to integrate the adversarial process and the lack of interest of the losing plaintiff, with significant implications for the management of necessary joinder.

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Order No. 17738 of 2024: the right to be forgotten and defamation.

The ruling of the Court of Cassation clarifies how to balance the right to be forgotten and the interest in preserving news, with a focus on the lawfulness of the initial publication.