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. 8680 of 2024: Right to Salary Adjustment for Diplomatic Personnel

Order No. 8680 of 2024 clarifies the right to ex officio review of remuneration for staff employed by diplomatic representations, highlighting the application of Article 36 of the Constitution regarding adequacy and proportionality.

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Lease and Good Faith: Reflections on Order No. 11219 of 2024

The ruling of the Court of Cassation clarifies the boundaries of good faith in lease agreements, highlighting how the landlord's inaction cannot be interpreted as a waiver of credit rights.

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Judgment No. 10868 of 2024: Clarifications on the Qualification of the Claim in the Context of Opposition to Enforcement.

The recent ruling of the Court of Cassation provides important insights into the qualification of claims regarding opposition to enforcement acts, clarifying the reference principles for the identification of appeal remedies.

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Business Transfer and Liability for Debts: Commentary on Ordinance No. 10902 of 2024

Order No. 10902 of 2024 provides important clarifications on the buyer's liability in the event of a business transfer, analyzing the treatment of debts for ongoing services. Let us explore the implications of this ruling together.

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Commentary on Order No. 10795 of 2024: Limits on the Power of Suspension of the Collection Agent.

Let’s analyze Ordinance No. 10795 of 2024, which clarifies the limits of the collection agent's suspension power, highlighting the lack of discretion and the exceptional cases provided by law.

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Order No. 10337 of 2024: Reflections on Res Judicata and Quantum in Civil Law.

Let's analyze the important ruling of the Court of Cassation that clarifies the meaning of res judicata in the case of the extinction of the trial due to failure to resume it, with particular reference to the amount of the established right.

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Commentary on Order No. 10131 of 2024: Termination of the proceedings and remedies in cassation matters.

In this article, we analyze Order No. 10131 of 2024, which clarifies the consequences of failing to file a request for decision and the available remedies, highlighting the importance of adhering to legal deadlines.

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Order No. 10139 of 2024: Clarifications on the Suspension of Procedural Deadlines During the Covid-19 Emergency.

The ruling of the Court of Cassation provides important clarifications on the start of procedural deadlines in relation to the suspension imposed due to the epidemiological emergency, ensuring the defendant's right to defense.

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Commentary on Judgment No. 9936 of 2024: Coverage Limits in RCA Insurance.

Let's explore the recent ruling of the Court of Cassation that clarifies the limits of compensation for accidents that occurred before 2009, in light of Directive 2005/14/EC.

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Burden of proof in the action for negative declaration of credit: analysis of ordinance no. 9706 of 2024.

The order of the Court of Cassation of April 10, 2024 clarifies the principles regarding the burden of proof in the action for negative credit verification, highlighting responsibilities and consequences for the creditor.