Municipalities and liabilities
Exclusion of public administration liability pursuant to art. 2051 c.c. by chance.
Dependant’s pension
The former spouse who received the divorce allowance in a lump sum has no entitlement to the dependant’s pension.
Lack of request for maintenance allowance
The lack of request for maintenance allowance during the separation does not preclude its recognition for the purposes of the divorce proceedings.
Moral damage and existential damage
Moral damage and existential damage: both are compensable autonomously.
Doctor’s liability
Omitted cancer diagnosis: the Cassation reiterates the requirements for this to constitute doctor’s liability.
Custody of minor children
Ordinance no. 18222 of 5 July 2019, regarding the assignment of minor children.
Revocation of assignment of family home
Revocation of assignment of family home to the mother if the adult daughter moves abroad.
Legitimacy judgment in case of infidelity
The limits of the legitimacy judgment in the case of the wife’s infidelity: compensation for damages is not due to the husband.
The divorce allowance amount
The Court of Cassation has established that the judge must refer exclusively to the independence or economic self-sufficiency of the former spouse.
Brokerage: right to commission
Even the atypical mediator must register in the register of mediators in order to have the right to the commission if the object of the deal are real estate or companies.
Adoptions: right of the adoptee to know his/her origins
Adoptions: the Cassation establishes the right of the adoptee to know his own origins, respecting the fundamental rights of the person.
Co-ownership: the construction on common land by only one of the co-owners
The construction on common ground by only one of the co-owners becomes common property.
Medical and surgical professionals: cause of non-punishment
On the subject of medical negligence, the United Sections with sentence of December 21, 2017 resolved the contrast relating to the scope of application of the non-punishable offense.
Donations: transfer of financial instruments by way of a bank
Donations: the transfer of financial instruments to a bank effected in a spirit of generosity does not constitute an indirect donation, but a typical donation.