Judgment No. 3059 of 30/10/2024: Legal Requalification and Mitigating Circumstances
An analysis of ruling no. 3059 of October 30, 2024, which clarifies the role of the referring judge in granting mitigating circumstances in the case of legal requalification of the act.
Analysis of Judgment No. 757 of 2024: Progressive Res Judicata and Legal Requalification
The recent ruling of the Court of Cassation offers important insights on the institution of progressive res judicata and its implications regarding the legal requalification of more serious cases. Let’s explore together the profound meaning of this decision.
Commentary on Judgment No. 45262 of 2024: Referral and Legal Qualification
Analysis of ruling no. 45262 of 2024, which addresses the issue of the legal qualification of the fact and the applicability of Article 578 of the Code of Criminal Procedure in the case of prescription, highlighting the fundamental principles and implications for criminal law.
Supreme Court 16535 of 2024: The Qualification of the Action and Its Consequences
The recent ruling of the Court of Cassation clarifies the importance of the qualification of claims in civil matters, establishing binding judgments and time limitations for appeals.
Order No. 15470 of 2024: The Different Legal Qualification of the Contract.
The ruling of the Court of Cassation of June 3, 2024 clarifies the conditions under which a change in the legal qualification of a contract does not constitute a new claim, thereby ensuring the possibility of a more articulated defense on appeal.
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.
Judgment No. 10402 of 2024: the legal requalification of the claim and the road accident.
The ruling of the Court of Cassation clarifies the limits of the legal requalification of the claim and the importance of the cause of action in the context of a traffic accident. A thorough analysis to understand the rights of heirs and the legal implications.
Order No. 11176 of 2024: The Legal Qualification of the Contract and Nullity.
The ruling of the Court of Cassation clarifies the dynamics of qualification and interpretation of contracts, distinguishing between nullity and conversion. Discover how case law addresses the issue of cause in contracts.