News Supreme Court Judgments April 2020

Claim for compensation"ex lege" Pinto The Judgment no. 5535 of 02/28/2020 of the Supreme Court ruled, in relation to the claim for"ex lege" Pinto compensation concerning criminal trials exceeding the reasonable duration as of October 31, 2016, that the submission…

SUCCESSIONS – taxpayer relief – emergency Covid 19

The so-called "Cure Italy" decree (Decree Law No. 18 of March 17, 2020 - Measures to strengthen the National Health Service and provide economic support for families, workers and businesses related to the epidemiological emergency from COVID-19) is one of…

News Supreme Court rulings March 2020

Termination of the effects of separation In the case of personal separation between spouses, as a specification of the provisions under Art. 157 c.c., its effects cease only with a formal declaration or, failing that, with the fact of cohabitation.…

News Supreme Court rulings February 2020

Reporting the claim to the insurance company late By order no. 24210/2019 the Third Civil Section of the Supreme Court clarified that in the area of property and casualty insurance, the failure of the insured to give notice to his…

News Supreme Court rulings January 2020

Operation of breathalyzer, prosecution must provide evidence In ruling no. 38618/2019, the Supreme Court, Fourth Criminal Section, recognized greater protection for drivers, enforcing in criminal cases a principle already widely recognized in civil cases. Specifically with this ruling, the Supreme…

SCARCERATION AT THE TIME OF CORONAVIRUS: Home detention under Decree Law no. 18/2020 (so-called Cure Italy Decree)

The need to introduce extraordinary measures to contain the Covid-19 health emergency prompted the government to include regulations to intervene in the prison system as well. The model considered is the one already provided in Decree Law no. 199/2010 (so-called…

NEWS Supreme Court Judgments May 2019

Location of the speed camera, when the penalty is void By order no. 12309/2019 the Supreme Court of Cassation, Sixth Civil Section ruling on the appeal of a municipality, clarified that if the detection device is placed in the opposite…

News Supreme Court Judgments April 2019

No charge if couple is in crisis and spouse runs off with mistress. The Supreme Court, in Order no. 11162/2019, ruled that if a spouse leaves the marital roof to elope with a lover, the separation is not chargeable if…

News Supreme Court rulings March 2019

Return of damaged leased property: rent to be paid by tenant The Supreme Court in Order no. 6596 of March 7, 2019 clarified that in the event that the leased property is returned in poor condition, with damage in excess…

Exceptional agricultural leases and contracts with the public administration

The lease agreement, governed by Law no. 203 of 1982, is not among the contracts for which under Article 1350 of the Civil Code the written form is mandatory for the existence and validity of the contractual relationship, thus being…