News Supreme Court rulings February 2016

Supreme Court: the builder compensates the buyer if the gas key is missing in the apartment

From a recent ruling of the Civil Cassation (No. 2298/2016), it can be seen that the builder of the property is obliged to compensate for the damage caused by the absence, in an apartment, of the key for the gas lock. This liability is not waived even where the originally compliant system has been modified at the request of buyers who have effectively deprived the property of the same methane access key.
Indeed, the courts of legitimacy have made it clear that, for the purposes of the existence of damage, it is sufficient to be unable to fully enjoy the apartment and essential services (heating, hot water for sanitary and kitchen services) and/or to achieve the utility even potentially obtainable from the same apartment.

Supreme Court: owner liable for damages even if the vehicle was circulating against his will

The Supreme Court, in ruling no. 1820/2016, ruled that the owner of a motor vehicle is liable for damages caused by the movement of the vehicle even if it occurred against his will, unless he proves that he has taken concrete and appropriate measures to prevent the use of the vehicle, including abusive use, by third parties (such as: locking the vehicle, careful custody of the keys, insertion of the anti-theft device, etc.).

If the guest does not leave, he commits a crime

In the recent ruling no. 5315/2015, the Fifth Criminal Section of the Supreme Court clarified that a guest who, despite repeated and explicit invitations to leave by the homeowner, decides not to leave commits the crime of trespassing under Article 614 of the Criminal Code.