Analysis of the Judgment of the Court of Cassation, Civil Section II, No. 30733 of 2017: Validity of Wills and Burden of Proof.
We explore the ruling of the Court of Cassation that confirmed the nullity of a holographic will, analyzing the legal principles regarding the burden of proof and the verification of the authenticity of testamentary intentions.
Analysis of the Judgment of the Court of Cassation, Civil Section III, No. 20829/2018: Liability of the ASL and Compensation for Damages.
In this analysis, we delve into the ruling of the Court of Cassation that addressed the liability of the Local Health Authority for damages suffered by a minor due to diagnostic and therapeutic omissions, highlighting the complexity of the causal link and the quantification of the damage.
Technical Accounting Consulting and Consent of the Parties: Commentary on Order No. 16012 of 2024
Let's analyze the important Order No. 16012 of 2024 from the Court of Cassation, which clarifies the methods for acquiring documentation by the court-appointed technical expert and the necessary consent of the parties involved in the technical accounting consultancy.
The nullity of the court-appointed expert opinion: analysis of ruling no. 17118 of 2024.
The order of the Court of Cassation provides important insights into the management of court-appointed technical consultancy in civil matters, clarifying the consequences of failing to appeal and the concept of procedural defect.
Judgment No. 15804 of 2024: The Importance of Reasoning in Technical Consulting.
Judgment No. 15804 of 2024 clarifies the judge's obligation to provide reasoning when accepting the conclusions of the court-appointed expert report, highlighting the consequences of a lack of adequate justification.
Analysis of Judgment No. 15642 of 2024: Omitted Submission of Technical Consultancy and Refusal of Official Acts
Judgment no. 15642 of 2024 clarifies the configurability of the crime of refusal of official acts in relation to the failure to file the technical consultancy, excluding criminal liability in the absence of urgency.
Commentary on Order No. 10901 of 2024: Changes in Claims for Medical Malpractice Compensation
Order no. 10901 of 2024 of the Court of Cassation provides significant insights on the issue of the alteration of the claim in medical malpractice compensation proceedings, clarifying that the constitutive fact must be considered in its material essence.
Judgment No. 11091 of 2024: The Evaluation of the Conclusions of a Court-Appointed Technical Expert.
The recent ruling of the Court of Appeal of Taranto clarifies the powers of the judge in evaluating court-appointed technical consultancies, highlighting the necessity of making a choice and the impossibility of merely acknowledging the conflict between the conclusions.