NEWS:

Cassation 4498/15 of March 5, 2015: Can the bankruptcy of individual shareholders after the company transformation

The transformation of a partnership into a capital company shall not terminate the previous subject and creating a different entity and, therefore, in the persistence of the obligations contracted by the partnership and the subsequent declaration of bankruptcy of the company capital, the fully liable members of the partnership, unless accession to the transformation of the company of people of the creditors of the company, may be subject to failure. Unless the creditor is then lent the consent for processing - very rare cases - will continue to meet the members of the company of people (in the case of the judgment, a snc) for past debts.

Protection of trademark and unfair competition: "Divani&Divani" against "Divini&Divani"

(Supreme Court 1861/2015 of February 2, 2015)
Even where the hallmark is categorized as "weak" (common words that distinguish the nature or quality of the product, as it is precisely "Divani & Divani"), the Court recognized greater protection in the event that the mark has however acquired distinctiveness in following a commercial intense and prolonged in time. Such recognition does not compromise full protection in the event of infringement, even if achieved through simple formal variants such as to create a likelihood of confusion for the average consumer. In the present case has been protected recognized brand "Divani & Divani" to the detriment of the other, clearly designed to mislead the consumer, "Divini & Divani"".

A secured credit, regardless of the aim pursued, is admitted to the privilege mortgage

(Court of Cassation, sez. VI Civil - 1, order no. 24038/14, filed November 12)
It is possible that the nature of the land tax credit is subject to the exclusive purpose acquisitive of a property, secured by mortgage guarantee necessarily of First Instance. Indeed, Article. 38 T.U.B. does not put these two elements as essential conditions for setting up a secured credit which, therefore, must be registered with the privileged status of the liabilities. Is thus confirmed once again by the Supreme Court guidance now unanimous and that is the indifference of the economic destination of the sums received by way of land loan that can not be described as a "mutual purpose."

HARASSMENT VIA FACEBOOK LIKE THOSE ARE MADE "IN PUBLIC PLACE"

Criminal Appeal sect. I n. 37596/2014 filed September 12, 2014 The editors of a newspaper and the Facebook page of a user can be regarded as open to the public for the purpose of realization of the offense under Article. 660 č.p. (harassment or disturbance of persons). The Supreme Court takes note of the social importance of "Facebook" and the relief that any defamatory postings in the social network may have. The Court stated that "in fact, it seems undeniable that the social platform Facebook (available in over 70 languages​​, already in August 2008 had his first one hundred million active users, which is classified as the first social network service) represents a sort of virtual agora. A "square immaterial" that allows an indeterminate number of "hits" and visions, made possible by a scientific evolution, which some lawmakers had not arrived to imagine " As a result, the configurability of the criminal offense provisions of art. 660 č.p.

COUNTERFEIT CHEQUES Signatures from different stretch and uncertain: the Post had to be more careful

When the irregularity of the signature on a check post is visible and when in the holder's signature legitimate purpose and that there is such a discrepancy, for diversity of calligraphic, indecision in the stretch, and deletions of the same affixing wrong in space, is responsible for the entity for the payment of such allowances, because using the average diligence should have noticed ictu oculi alteration of the title. (Court of Cassation, sez. Civil I, judgment no. 15145/14, filed on July 2) http://www.dirittoegiustizia.it

LAWYER "ELECTRONIC": 30.06.2014 TODAY TO START THE PCT

With effect from 30.06.2014 apart from the cdPCT (electronic civil process), even with the slight changes from the DL n. 90 of June 24, 2014. Starting today, despite the hopes of extending the majority of Italian lawyers, is enshrined in the mandatory electronic filing of many acts endoprocessuali for the "new" cases which will be hinged. In reference to the ordinary courts art. 44 provides that
- the PCT is mandatory as from 30 June 2014 to the proceedings other than the application for an order "initiated" as of that date;
- is mandatory as from 31 December 2014 to the proceedings other than the application for an order already pending at 30 June 2014.
How the Courts of Apelles the d.l. n. 90/2014 adds art. 16-bis, d.l. n. 179/2012 a completely new paragraph (9-b) that, in relation to civil proceedings, provides for the electronic filing requirement for the acts of representatives of the parties previously established and technical advisers from the 30 June 2015 deadline may be early in individual courts of appeal and for specific categories of cases.

SEPARATION | June 11, 2014 Retention allowance paid by the husband-student helped by parents

The separation can not be charged to the husband who decides to embark on a long course of study during the marriage, or the wife who decides not to relocate with a spouse in the city, home to the new job. In addition, in the calculation of maintenance, shall be deemed to fall within the income spouse also in the economic contributions of parents, whether dished out regularly and continuously, and the possible increase in economic determined by a new job, even though the same has been obtained in Pending the separation process. (Court of Cassation, sez. Civil VI-1, judgment no. 13026/14, filed on June 10) http://www.dirittoegiustizia.it

GOOGLE: THE COURT EU: THE SEARCH ENGINE AND RESPONSIBLE FOR DATA PROCESSING: THE LINK SIDE MUST BE REMOVED (Source Ilsole24ore.com)

5/30/2014 The operator of a search engine on the internet is responsible for the processing of personal data carried out by it that appear on web pages published by third parties. So says the ruling of the EU Court number 131/12, released today, the so-called "right to be forgotten". Thus, in the case where, as a result of a study carried out from a person's name, the list of results showing a link to a web page that contains information about the person in question, this may directly contact the manager or, if this does not address your question, refer the matter to the competent authorities to obtain, under certain conditions, the removal of that link from the list of results www.ilsole24ore.com

NEWS:

Cassation 4616/15 of March 6: If the contractor fails the contractor is obliged to pay for the work performed and does not apply Article. 1460 cc

Article. 81, l. fall. provides that the failure of one of the parties determines the dissolution ipso jure of the contract between individuals, with no distinction between contracts for works and services. Such cases result in dissolution of the contract unless the bankruptcy trustee exercises its right to take over the report. In the present case the contract was therefore resolved to intervene failure of the contractor and the contracting of default raised an art. 1460 cc The Court has confirmed that in the contract of public works that dissolves by operation of law as a result of the failure of the contractor, remain subject to the contractual effects have already taken and therefore the contractor and it is up to the bankruptcy trustee the consideration for the works executed (Cass, no. 21411/2013).

Speeding: the fine is valid without a photo, if it is approved telelaser

(Ordinance Cassation 1778/15 of 30.01.2015)
The order cited the Court ruled that the only condition for the legitimacy of the minutes of infringement of the devices telelaser is that approval of this device. It is not required that equipment produce appropriate documentation in support of the infringement found (photography, receipt of the investigation); the reference standard considers necessary and sufficient for the existence of periodic approval be able to use the surveys as sources of evidence.

EQUITALIA: The tax bill is valid without a signature of the collection

The Supreme Court, the sentence no. 24541/14; filed yesterday, November 18, 2014, stated that the act is not invalid foreclosure of loans to third parties by the agent from the collection, even without the signature of the employee who drew them up, provided that bears the print of the same tax collection agency, so as to be clearly attributable to the latter, which holds the power to carry out forced expropriation on behalf of the institution levying. Waiting for the definitive cessation of Equitalia (due to rigor of the law 70/11 and later ... but still to this day do not become reality), the concessionaire for the collection collects a point in their favor in the management of the forms, even when the same - and often - prove flawed in form but not in content.

THE SUPERVISION OF LICENSE SUSPENDED IF YOU DO NOT BECOME FINAL CONTESTS

(Court of Cassation, sez. Civil VI - 2, order no. 20270/14, filed September 25)
As is well known for driving under the influence of alcohol with a BAC greater than 0.5 and less than 0.8 g / l is scheduled license suspension for 3 to 6 months. With values ​​greater than 0.8 and less than 1.5 g / l is expected the suspension of driver's license for 6 months to 1 year. With BAC greater than 1.5 g / l is expected the suspension of driving license for 1 to 2 years and revocation of the license in case of relapse over a two-year period. The suspension is purely a precautionary measure and is independently actionable (art. 205 Highway Code), but if you do not holding its effects are consolidated and the recipient may not rely in any judicial proceedings their complaints. www.dirittoegiustizia.it

ASSIGNMENT OF THE HOUSE HUSBAND DOES NOT EXCLUDE THE PIGNORABILITA 'THE SAME (15885 Supreme Court of July 11, 2014)

The existence of a court order of assignment of the house to a spouse and children - and the subsequent transcription of the relevant law in the land register - NOT affect the pignorabilità good in favor of the creditor. The assignment to the parent with custody is enforceable against the third party buyer after its transcription but does not paralyze the creditor's right to proceed on the executive pignorandolo well and putting it up for auction.

LOSS OF WORK DOES NOT JUSTIFY THE AMOUNT OF THE SUSPENSION OF MAINTAINING THE CHILDREN

And 'the guilty parent who is missing child care, paying observance to partial and episodic measure taken at the time of separation between spouses. The obligor can not free himself from the duties related to parenting due to loss of work and claiming not to be the natural father of the child. Man With sentence no. 27923 filed June 26, 2014, the Sixth Criminal Chamber of the Supreme Court confirms and reaffirms two principles of law on the obligations owed ​​child support in the event of separation between spouses. In particular, for the configurability of the crime of art. According to paragraph 570, n. 2 of the Criminal Code, the orientation established in law, the obligation to provide the means of subsistence to a minor child applies also when been already determined in whole or in part the other parent with the proceeds of their work and with the intervention of 'other relatives, as such substitution does not eliminate the state of need faced by the taxable person. (Court of Cassation, sez. Penal VI, judgment no. 27923/14, filed June 26) www.dirittoegiustizia.it

CONDO-LOCATION: IF THE DOG NEAR THE HOUSE CAN ADVERSELY DISORDER 'BE ABANDONED FOR FREE (Source dirittoegiustizia.it)

The serious reasons which, irrespective of the provisions of the contract, termination of the lease by the tenant, in accordance with Articles. 4:27 l. n. 392/1978, should be determined by events beyond his control, unpredictable and occurred in the constitution of the report, so as to make the continuation burdensome. (Court of Cassation, sez. Civil III, judgment no. 12291/14, filed on 30 May) www.dirittoegiustizia.it