Parental damage settlement: no to the "Milan tables" In ruling no. 33005/2021, the Supreme Court has provided important clarifications on the subject of liquidated damages due to the loss of parental relationship, consisting of the suffering suffered due to the…
New cohabitation and divorce allowance: clarification from the United Sections In ruling no. 32198 of Nov. 5, 2021, the Joint Sections intervened to resolve a contrasting interpretation on the issue of divorce allowance in favor of the economically weaker spouse…
Return of loan and burden of proof regarding title The Second Civil Section of the Supreme Court, in Order No. n. 27372 of Oct. 8, 2021, on the subject of a loan contract, stated that the plaintiff, in order to…
United Sections on the legality of crucifixes in classrooms The United Sections intervened, in ruling no. 24414 of Sept. 9, 2021, on the long-standing issue of the presence of crucifixes in classrooms, stating that Article 118 of Royal Decree No.…
The United Sections on the validity of real estate transfer in execution of separation or divorce agreements. In ruling no. 21761/2021, the United Sections resolved a contrast regarding party autonomy in the context of "marital crisis," with regard, in particular,…
Down payment: return does not extinguish the right to double The Supreme Court, in ruling no. 19801/2021, affirmed that the restitution, made by the defaulting party, of the check paid as a down payment under Article 1385 of the Civil…
Disposal of cubage and registration tax: long-awaited clarifications from the United Sections The United Sections of the Supreme Court intervened, in ruling no. 16080 of June 9, 2021, on the subject of legal qualification of the deed of cubature transfer,…
Life insurance: compensation shared equally among heirs The Supreme Court intervened in a United Sections ruling (No. 11421/2021) on the subject of life insurance, responding to a number of questions it had been asked. First, the courts ruled that the…
Thermal coat: all condominiums pay for it. Expenses incurred to carry out thermal insulation of a condominium building must be borne by all condominium owners in proportion to the value of their ownership share, as they do not constitute burdensome…
Nullity of the "claims made" clause: no to replacement by the discipline under Article 1917 Civil Code. For the Supreme Court, The court that finds that the "claims made" clause ("on demand made") is invalid cannot transform it into the…