Supreme: responsible for injury or those who bring Fido for a walk, not just the owner.
With No Judgement 8875 the Fourth Criminal Chamber ruled that the obligation of keeping the animals as often arises where a person has a certain relation of possession or mere relationship with the animal. According to the Supreme Court, which has put pen to paper this principle in four pages of reasons, it is not necessary with the animal there is a relationship in prioprietà statutory sense: it is sufficient merely detention. So be liable for negligently causing injury to the jaws of the dog, the man who, despite not being its owner, walking door to the animal without a leash nor muzzle. In particular, the Fourth Criminal Division, in this case, determined that "there is a responsibility also accused - (mere animal holder) - in that, in terms of housing animalei, the obligation arises whenever there is a relation of possession or mere possession of the animal and a particular person, since art. 672 cod. pen. connects the obligation not to leave free the animal and keep it with due caution to the mere possession of the animal, have to be understood as just deternzione material fact, it is not necessary that there be a relation of ownership in civil law sense " .
http://www.studiocataldi.it/news_giuridiche_asp/news_giuridica_9874.asp
Thursday, March 10, 2011
Can You Swim With Herpes Breakout Chlorine Sting?
Service of Process - The Biblical times of bailiffs and the bitter life of lawyers
It 's the late morning of 8 March '11 and is also a good day of full sun after multiple disasters and appalling floods. Driiiiiiiiin! The door and the bailiff (I thought with the office of a courier company for the next day) I notice that some measures. At the reading of the order of the Examining Magistrate Dr. Alessandra Canulli zomperà joy of my dominus in the trial of division that has its roots before the Court of Macerata: "The GI, a lifting of the reservation above, noted that an overview of the Agency Land of Macerata - Land Cadastre, attached to the CTU, it seems that some of the properties covered by the application of Division ... are jointly as well as parties, including NC so that you must have heard against the integration of thereof or his heirs or assigns, being a case of joinder must be raised under Article 784 cpc, "ie for non-lawyers that" the questions of division of the inheritance or dissolution of any community must set for themselves in comparison of all the heirs and creditors or condominiums if there are opponents and so far everything okay, perfect school that even if I usually bring a mo 'for example in seminars that sometimes I want, but here's to you, dear readers of the Portal Studio Cataldi, that I would leave the PQM preceded by a drum roll, "having regard to Articles 784 and 102 of the CPC, has integrated the adversarial against CN, or his heirs or assigns, by the most diligent CLOSING DATE assigning until ... February 18 '11. "Ale! Domiciliary I get an order this morning, 8 March '11 fixing a deadline of 18 February '11. Of necessity, the Office Notifications Macerata must have received the ticket Chancellery of the very first of the month of February 2011 considering that Dr. Canullo has lifted the reserve on 31 January '11 and has deposited the order the next day, 1 Feb. '11. Well, here I am hostile to Life, the Office Notifications to complete but, in the name of sincerity towards you that I imposed on the first day, I do this and much more: to catch a lawyer who study in a way where there are a hundred other lawyers (for You noted that Judicial Officer with only one pass through hole notifies almost totally relaxed), among other things, a lawyer who is almost ubiquitous in the Palace of Justice to give him a piece of paper that the customer is of paramount importance, it spent more than ONE MONTH. One month, guys. Clearly, gathered directly from the bailiff of the usual hackneyed complaints of lack of staff and everything else (but we never thought any of the offices? We are no heroes or civilians daily?), I immediately attached to the phone and I caught up on the laptop to my dear friend dominus that at the end of my analytical drawing, thanked me warmly and wished me Happy Carnival: ah, right, was Tuesday fat and maybe it was all for celiare, an act - to make confetti joke! A castagnola cicerchiata cream and honey to take away the bitter taste of mouth. But then I think: if I had not read that ordinance Illico et immediate term and that I had perished in his hand?! And they remain stiff at the thought of touching human hurry metals (but how to reconcile the typically male luck with Women's Day? Definitely not politically correct). And who will remove the customer's mind the suspicion that you have entrusted to two thugs of lawyers, one of the most neglected of the other? This is the kind of daily life of the lawyer, dear visitors, not lawyers (as soon as possible, in part, explain the hidden meaning of vocaboli dominus e domiciliatario: avrete ben compreso che il pezzo è più uno sfogo tra e per avvocati) di Studio Cataldi. Prima di parlar male di un avvocato, il Vostro!, sappiate che stress di vita conduce. A proposito, 'celia' probabilmente deriva dal nome di battesimo di un personaggio femminile della Commedia seicentesca popolare e burlesca, per l'appunto Signora Celia. E Voi, cari Colleghi, avete da raccontare qualche fattariello gustoso, fastidioso od orripilante? Sappiate che il form è in ansiosa attesa dei Vostri apporti (con preghiera di indicare nome, cognome e luogo ove operate).
http://www.studiocataldi.it/news_giuridiche_asp/news_giuridica_9870.asp
It 's the late morning of 8 March '11 and is also a good day of full sun after multiple disasters and appalling floods. Driiiiiiiiin! The door and the bailiff (I thought with the office of a courier company for the next day) I notice that some measures. At the reading of the order of the Examining Magistrate Dr. Alessandra Canulli zomperà joy of my dominus in the trial of division that has its roots before the Court of Macerata: "The GI, a lifting of the reservation above, noted that an overview of the Agency Land of Macerata - Land Cadastre, attached to the CTU, it seems that some of the properties covered by the application of Division ... are jointly as well as parties, including NC so that you must have heard against the integration of thereof or his heirs or assigns, being a case of joinder must be raised under Article 784 cpc, "ie for non-lawyers that" the questions of division of the inheritance or dissolution of any community must set for themselves in comparison of all the heirs and creditors or condominiums if there are opponents and so far everything okay, perfect school that even if I usually bring a mo 'for example in seminars that sometimes I want, but here's to you, dear readers of the Portal Studio Cataldi, that I would leave the PQM preceded by a drum roll, "having regard to Articles 784 and 102 of the CPC, has integrated the adversarial against CN, or his heirs or assigns, by the most diligent CLOSING DATE assigning until ... February 18 '11. "Ale! Domiciliary I get an order this morning, 8 March '11 fixing a deadline of 18 February '11. Of necessity, the Office Notifications Macerata must have received the ticket Chancellery of the very first of the month of February 2011 considering that Dr. Canullo has lifted the reserve on 31 January '11 and has deposited the order the next day, 1 Feb. '11. Well, here I am hostile to Life, the Office Notifications to complete but, in the name of sincerity towards you that I imposed on the first day, I do this and much more: to catch a lawyer who study in a way where there are a hundred other lawyers (for You noted that Judicial Officer with only one pass through hole notifies almost totally relaxed), among other things, a lawyer who is almost ubiquitous in the Palace of Justice to give him a piece of paper that the customer is of paramount importance, it spent more than ONE MONTH. One month, guys. Clearly, gathered directly from the bailiff of the usual hackneyed complaints of lack of staff and everything else (but we never thought any of the offices? We are no heroes or civilians daily?), I immediately attached to the phone and I caught up on the laptop to my dear friend dominus that at the end of my analytical drawing, thanked me warmly and wished me Happy Carnival: ah, right, was Tuesday fat and maybe it was all for celiare, an act - to make confetti joke! A castagnola cicerchiata cream and honey to take away the bitter taste of mouth. But then I think: if I had not read that ordinance Illico et immediate term and that I had perished in his hand?! And they remain stiff at the thought of touching human hurry metals (but how to reconcile the typically male luck with Women's Day? Definitely not politically correct). And who will remove the customer's mind the suspicion that you have entrusted to two thugs of lawyers, one of the most neglected of the other? This is the kind of daily life of the lawyer, dear visitors, not lawyers (as soon as possible, in part, explain the hidden meaning of vocaboli dominus e domiciliatario: avrete ben compreso che il pezzo è più uno sfogo tra e per avvocati) di Studio Cataldi. Prima di parlar male di un avvocato, il Vostro!, sappiate che stress di vita conduce. A proposito, 'celia' probabilmente deriva dal nome di battesimo di un personaggio femminile della Commedia seicentesca popolare e burlesca, per l'appunto Signora Celia. E Voi, cari Colleghi, avete da raccontare qualche fattariello gustoso, fastidioso od orripilante? Sappiate che il form è in ansiosa attesa dei Vostri apporti (con preghiera di indicare nome, cognome e luogo ove operate).
http://www.studiocataldi.it/news_giuridiche_asp/news_giuridica_9870.asp
Wednesday, March 9, 2011
Wording For Your Wedding Favor Tag
Passive smoking: INAIL
E’ indennizzabile INAIL also bronchopathy resulting from exposure to secondhand smoke even though no case of occupational diseases table.
According to the Court of Cassation, in fact
1. the protection of employee accident prevention extends to cases of so-called specified risk abuse, defined as that which, while not material inherent in the act of work performance, deals with situations and activities closely linked to the performance itself (see, ex multis, Cass. 131/1990 regarding breaks physiological ex multis, Cass. 12652/1998, Cass. 10298/2000, Cass. 3363/2001, Cass. 9556/2001, Cass. 1944/2002, Cass.6894/2002, Cass. 5841 / 2002, Cass.7633/2004, Cass. 5354/2002, Cass. 16417/2005, Cass. 10317/2006, Cass. 27829/2009 on the subject of internal acts of locomotion, and still Cass.3765/2004 on the activity and instrumental work-prodromal)
2. the concept of environmental risk implies that the work is protected in and of itself considered and not just one made at the machines, since the hazard on the working environment (from Cass. SU 3476/94);
3. risk factors for diseases not tabulated include situations of harm that, while applicants for non-work activities, however, constitute a specific risk for the insured (see Cass. 14565/99).
".. indeed, in the case of occupational disease is not tabulated, as indeed multifactorial etiology for the disease, evidence of the cause of labor, which is charged the employee, must be assessed in terms of reasonable certainty in the sense that included the importance of the mere possibility of ' occupational in origin, it can instead be identified in the presence of a significant degree of probability. In this regard, the court must not only enable the insured to bring the evidence admissible in law and ritual, but must also consider the conclusions of probabilistic expert on the subject of causation through the use of any useful initiative ex officio, direct to acquire more (new surveys or request for clarification from the technical advisor etc..) depending on the extent of worker exposure and risk factors, and also considering that the professional nature of the disease can be inferred, with a high degree of probability, the type of work carried out , the nature of the machinery in the workplace, the working time and the absence of other factors unrelated to the job, or alternative competitors, which may constitute a cause of the disease (ex multis, Cass. 11128/2004; Cass. 5352 / 2002). In addition, the auxiliary
... appointed by the judge can reach a reasonable probability the trial even on the compatibility della malattia non tabellata con la noxa professionale, desunta dalla tipologia delle lavorazioni svolte, dalla natura dei macchinari presenti sul luogo di lavoro, della durata della prestazione lavorativa, e per l’assenza di altri fattori extra-professionali, utilizzando, a tale scopo, congiuntamente anche dati epidemiologici, per suffragare una qualificata probabilità. Per questa via probabilistica il dato epidemiologico, che di per sé attiene ad una diversa finalità, può assumere un significato causale, tant’è che la mancata utilizzazione di tale dato da parte del giudice del merito, nonostante la richiesta della difesa corroborata da precise deduzioni del consulente tecnico di parte, è denunciatabile per Cassazione (Vedine, and for all, Cass. 20665/2005, Cass. 8073/2004, 8073/2004).
In this case, the Supreme Court upheld the ruling of the Territorial Court has expressly referred to the conclusions reached by the consultant pulmonologist on the basis of the history and pathological and work the same way as more recent epidemiological studies have confirmed the strong correlation between ' exposure to environmental tobacco smoke and chronic respiratory symptoms.
addition, the Court held that evidence by documents in municipal offices where the workers are not providing any of the smoking ban was in force, which for decades until May 4, 1998 when, by order of that date, the ban was dictated smoking in the municipal offices of Lingfield. And yet, the Territorial Court, in the absence of evidence of the existence of adequate ventilation and extraction equipment
forced, ruled that the presence of windows in the room where the employee worked, however, allowed to reach an assessment of environmental health, pointing out that assessment on the ground that the harshness of the climate of the place where were the offices of the municipality and where the work done its work, did not allow the performance of work with open windows.
Source: http://www.studiodiruggiero.it/fumo-passivo-indennizzo-inail/
E’ indennizzabile INAIL also bronchopathy resulting from exposure to secondhand smoke even though no case of occupational diseases table.
According to the Court of Cassation, in fact
1. the protection of employee accident prevention extends to cases of so-called specified risk abuse, defined as that which, while not material inherent in the act of work performance, deals with situations and activities closely linked to the performance itself (see, ex multis, Cass. 131/1990 regarding breaks physiological ex multis, Cass. 12652/1998, Cass. 10298/2000, Cass. 3363/2001, Cass. 9556/2001, Cass. 1944/2002, Cass.6894/2002, Cass. 5841 / 2002, Cass.7633/2004, Cass. 5354/2002, Cass. 16417/2005, Cass. 10317/2006, Cass. 27829/2009 on the subject of internal acts of locomotion, and still Cass.3765/2004 on the activity and instrumental work-prodromal)
2. the concept of environmental risk implies that the work is protected in and of itself considered and not just one made at the machines, since the hazard on the working environment (from Cass. SU 3476/94);
3. risk factors for diseases not tabulated include situations of harm that, while applicants for non-work activities, however, constitute a specific risk for the insured (see Cass. 14565/99).
".. indeed, in the case of occupational disease is not tabulated, as indeed multifactorial etiology for the disease, evidence of the cause of labor, which is charged the employee, must be assessed in terms of reasonable certainty in the sense that included the importance of the mere possibility of ' occupational in origin, it can instead be identified in the presence of a significant degree of probability. In this regard, the court must not only enable the insured to bring the evidence admissible in law and ritual, but must also consider the conclusions of probabilistic expert on the subject of causation through the use of any useful initiative ex officio, direct to acquire more (new surveys or request for clarification from the technical advisor etc..) depending on the extent of worker exposure and risk factors, and also considering that the professional nature of the disease can be inferred, with a high degree of probability, the type of work carried out , the nature of the machinery in the workplace, the working time and the absence of other factors unrelated to the job, or alternative competitors, which may constitute a cause of the disease (ex multis, Cass. 11128/2004; Cass. 5352 / 2002). In addition, the auxiliary
... appointed by the judge can reach a reasonable probability the trial even on the compatibility della malattia non tabellata con la noxa professionale, desunta dalla tipologia delle lavorazioni svolte, dalla natura dei macchinari presenti sul luogo di lavoro, della durata della prestazione lavorativa, e per l’assenza di altri fattori extra-professionali, utilizzando, a tale scopo, congiuntamente anche dati epidemiologici, per suffragare una qualificata probabilità. Per questa via probabilistica il dato epidemiologico, che di per sé attiene ad una diversa finalità, può assumere un significato causale, tant’è che la mancata utilizzazione di tale dato da parte del giudice del merito, nonostante la richiesta della difesa corroborata da precise deduzioni del consulente tecnico di parte, è denunciatabile per Cassazione (Vedine, and for all, Cass. 20665/2005, Cass. 8073/2004, 8073/2004).
In this case, the Supreme Court upheld the ruling of the Territorial Court has expressly referred to the conclusions reached by the consultant pulmonologist on the basis of the history and pathological and work the same way as more recent epidemiological studies have confirmed the strong correlation between ' exposure to environmental tobacco smoke and chronic respiratory symptoms.
addition, the Court held that evidence by documents in municipal offices where the workers are not providing any of the smoking ban was in force, which for decades until May 4, 1998 when, by order of that date, the ban was dictated smoking in the municipal offices of Lingfield. And yet, the Territorial Court, in the absence of evidence of the existence of adequate ventilation and extraction equipment
forced, ruled that the presence of windows in the room where the employee worked, however, allowed to reach an assessment of environmental health, pointing out that assessment on the ground that the harshness of the climate of the place where were the offices of the municipality and where the work done its work, did not allow the performance of work with open windows.
Source: http://www.studiodiruggiero.it/fumo-passivo-indennizzo-inail/
Vericose Veins In Labia
Lawyers compensation is required, the dismissed secretary is entitled to social security benefits provided by the company
Yesterday, the Ministry del Lavoro, ha risposto ad una richiesta di interpello avanzata dal Consiglio Nazionale dell’Ordine dei Consulenti del Lavoro e dalla Confprofessioni in merito alla possibilità di iscrivere nelle liste di mobilità i lavoratori subordinati licenziati da studi professionali individuali.
Il Ministero, “nel prendere atto della scelta del Legislatore di non porre ulteriori limiti alla concessione degli ammortizzatori in questione, ritiene applicabile la disciplina della mobilità in deroga, ai fini dell’erogazione della relativa indennità, anche ai lavoratori subordinati licenziati per motivi di riduzione di personale da parte di studi professionali individuali, a nulla rilevando la forma giuridica individuale o associata the subject's employer. "
And this, even if "employers qualify as professional firms do not appear within the categories of addressees of the mobility procedure of Rules of Law No 223/1991, nor does it appear they can be included, under a strict interpretation iuris, under the provisions of art. 4, paragraph 1, L. No 236/1993.
However, use the "interpretation by the Court of Justice of European Communities on 16 October 2003 (Case C/32/02) with reference to the EU Council Directive 98/59/EC concerning the difference between the concept domestic law of entrepreneur than the Community concept of the employer.
The case law states that the focus should be on a definition in the broadest sense of the employer, thereby overcoming the narrow scope of the concept of entrepreneur and the latter meaning any entity engaged in economic activity and is active on a given market. "
Ultimately, "employers qualify as professional offices may be covered under the provisions of art. 4, paragraph 1, first indicated, although the rule explicitly refers only to "Business" and, consequently, workers from these employees, fired for staff reduction, hanno diritto ad iscriversi nelle liste di mobilità”.
Il diritto di interpello
E’ previsto dall’art. 9 del decreto legislativo 124/2004 (come modificato dal decreto legislativo 262/2006).
Consiste nella facoltà da parte di “organismi associativi a rilevanza nazionale degli enti territoriali, enti pubblici nazionali, nonché organizzazioni sindacali e dei datori di lavoro maggiormente rappresentative sul piano nazionale e consigli nazionali degli ordini professionali”, di inoltrare al Ministero del Lavoro quesiti di ordine generale sull’applicazione delle normative di sua competenza.
E’ importante tenere presente che l’adeguamento alle indicazioni fornite nelle risposte to the questions "precludes the application of criminal sanctions, administrative and civil."
http://www.leggioggi.it/2011/03/09/avvocati-la-segretaria-licenziata-ha-diritto-alla-concessione-degli-ammortizzatori-sociali-previsti-per-limpresa/
Yesterday, the Ministry del Lavoro, ha risposto ad una richiesta di interpello avanzata dal Consiglio Nazionale dell’Ordine dei Consulenti del Lavoro e dalla Confprofessioni in merito alla possibilità di iscrivere nelle liste di mobilità i lavoratori subordinati licenziati da studi professionali individuali.
Il Ministero, “nel prendere atto della scelta del Legislatore di non porre ulteriori limiti alla concessione degli ammortizzatori in questione, ritiene applicabile la disciplina della mobilità in deroga, ai fini dell’erogazione della relativa indennità, anche ai lavoratori subordinati licenziati per motivi di riduzione di personale da parte di studi professionali individuali, a nulla rilevando la forma giuridica individuale o associata the subject's employer. "
And this, even if "employers qualify as professional firms do not appear within the categories of addressees of the mobility procedure of Rules of Law No 223/1991, nor does it appear they can be included, under a strict interpretation iuris, under the provisions of art. 4, paragraph 1, L. No 236/1993.
However, use the "interpretation by the Court of Justice of European Communities on 16 October 2003 (Case C/32/02) with reference to the EU Council Directive 98/59/EC concerning the difference between the concept domestic law of entrepreneur than the Community concept of the employer.
The case law states that the focus should be on a definition in the broadest sense of the employer, thereby overcoming the narrow scope of the concept of entrepreneur and the latter meaning any entity engaged in economic activity and is active on a given market. "
Ultimately, "employers qualify as professional offices may be covered under the provisions of art. 4, paragraph 1, first indicated, although the rule explicitly refers only to "Business" and, consequently, workers from these employees, fired for staff reduction, hanno diritto ad iscriversi nelle liste di mobilità”.
Il diritto di interpello
E’ previsto dall’art. 9 del decreto legislativo 124/2004 (come modificato dal decreto legislativo 262/2006).
Consiste nella facoltà da parte di “organismi associativi a rilevanza nazionale degli enti territoriali, enti pubblici nazionali, nonché organizzazioni sindacali e dei datori di lavoro maggiormente rappresentative sul piano nazionale e consigli nazionali degli ordini professionali”, di inoltrare al Ministero del Lavoro quesiti di ordine generale sull’applicazione delle normative di sua competenza.
E’ importante tenere presente che l’adeguamento alle indicazioni fornite nelle risposte to the questions "precludes the application of criminal sanctions, administrative and civil."
http://www.leggioggi.it/2011/03/09/avvocati-la-segretaria-licenziata-ha-diritto-alla-concessione-degli-ammortizzatori-sociali-previsti-per-limpresa/
Scar Tissue From Staph
Condominium, forbidden to leave The items on the landing
Who has a habit of leaving items on the landing may be forced to pay damages to the neighborhood. The Supreme Court (Case 5474/11) has upheld an appeal by a building of Genoa in the two previous sets of proceedings had been refused the requested damages to a building which objects left on the landing in front of his apartment. The justice of the peace of Genoa and the Court had given the wrong building, but the Supreme Court upheld the appeal was denied because the Condomina 'breach of the house rules' and it was legitimate to claim damages. Now there will be a new trial before the Court of Genoa, which will also have to quantify the damages to the apartment building.
http://www3.lastampa.it/i-tuoi-diritti/sezioni/casa-condominio/news/articolo/lstp/392438/
Who has a habit of leaving items on the landing may be forced to pay damages to the neighborhood. The Supreme Court (Case 5474/11) has upheld an appeal by a building of Genoa in the two previous sets of proceedings had been refused the requested damages to a building which objects left on the landing in front of his apartment. The justice of the peace of Genoa and the Court had given the wrong building, but the Supreme Court upheld the appeal was denied because the Condomina 'breach of the house rules' and it was legitimate to claim damages. Now there will be a new trial before the Court of Genoa, which will also have to quantify the damages to the apartment building.
http://www3.lastampa.it/i-tuoi-diritti/sezioni/casa-condominio/news/articolo/lstp/392438/
Knee Hair Grows In Bumps
existential damage like a phoenix
Towards the revival of the existential damage even after a brief disappearance intense
The existential damage lands under review by the Supreme Court at the stroke of the new millennium as if to mark a further expansion of goods subject to possible injury and guaranteed by the state.
The first protection is back under the aegis of art. 2043 cc due to the rigidity of Article. 2059 cc and its now famous "gauntlet" of then in 2003, following an assessment of all the damage as the result and do not need to "eventizzare" the same in order to obtain compensation, once traced categories - biological, moral and existential - within range of Article application. 2059 cc with reading even though constitutionally, doctrine and jurisprudence assess the usefulness and correctness of their stay in our system of Recoverability in separate existential damage. For
existential damage means the violation of the right to free unfolding of human activities, to free explanation of the personality, in legal jargon, the injury done to a person-income, disruption of the organization of everyday life, habits that make up the flow of time of every man.
The debate over the years has become increasingly switched between those who believed the damage category very existential self, as distinct from both the biological damage such as mental and physical injury from transient who suffered material damage, as well as worthy of protection with limited only by the constitutional requirements, and those who, by contrast, found nella liquidazione di un tale danno una duplicazione del risarcimento fondando la propria tesi sul principio che ad esser risarcito è il pati e non il facere.
Nel 2008 all’apice della diatriba con ordinanza n° 4712/08 si rimetteva alle SS.UU. la questione ben più ampia del danno non patrimoniale ed affini, con otto quesiti ai quali gli Ermellini avrebbero dovuto dare risposta; uno in particolare sulla risarcibilità del danno esistenziale e modalità di liquidazione dello stesso.
Nel “funesto” mese di novembre giunse la risposta delle SS.UU. con sentenza n°26972 che con una rivoluzione epocale scardinavano i principi della liquidazione del danno non patrimoniale, elidendo le categorie di danno biologico e morale e statuendo che di danno esistenziale “non è più dato discorrere”.
La prima reazione a tale sovversione del sistema è stata di certo quella dello sconforto generale ed in particolare dei colleghi specializzati nella materia, che vedevano svanire gli sperati lauti risarcimenti.
Ma la preannunziata rivoluzione è stata tale?
E soprattutto il danno esistenziale è realmente stato soppresso poiché inutile duplicazione del danno biologico e morale?
A ben valutare la giurisprudenza dei Tribunali e Giudici di Pace dalle SS.UU. ad oggi, tranne casi “estremi” ma anche rari, ha applicato i principi espunti con la dovuta cautela e rispettando le “categorie” biological damage and material damage but disguising it by specific non-pecuniary damage caused all'unitaria category. This
in full respect of the old axiom "find the loophole the law passed."
But despite the judicial apparatus is not blocked by the difficulties arising from the application held by stoats, this does not mean that it will continue to speed and without hesitation, as the "fog" continues to be very dense and diatribes on ' topic they have never sedated.
claimed and even more so with specific reference to its existential damage that said absolutely "no need" dalle SS.UU. non sembra aver trovato pace nel proprio dorato sepolcro.
Svanito, o nascosto per un piccolo lasso di tempo, nella giurisprudenza del 2010 in particolare sembra risorgere dalle proprie ceneri come la fenice.
Di danno esistenziale si risente discutere in particolare in ambito di diritto del lavoro, ove si riconosce al dipendente pubblico un risarcimento per mancato riscatto delle annualità e ricongiunzione del periodo contributivo.
La Suprema Corte ritiene, infatti, leso il diritto del soggetto che a causa della mancata massimizzazione dei contributi non può usufruire del dovuto collocamento a riposo.
Tale violazione ha reso impotente il libero arbitrio del lavoratore costretto ad impegnare their time in the performance of the check work task rather than to other activities already predetermined by the same or even desired.
The qualification of damages in this latter goal is to give certain existential self (Cass. Lav. 3023/2010).
And yet the Supreme Court in its Judgement 12318/10 (Sect. Lav.) Legitimate, in case of damages for sexual harassment in the workplace, the complete clearance with consideration of the biological damage, moral and even existential.
But not only in labor law the courts and higher courts recognize that an autonomous form of reparation, even the civilians are returning sections the point in relation to issues already considered and deemed to be of great importance before the ruling in 2008.
Such judicial bodies, for example, have already accepted compensation from birth to unwanted scaturiente change in perspectives of life of parents who had to compete for ever with the prevailing needs of the child, such as to cause "forced reversals of agenda" , describing the damage, even without invoking the doctrine and stigmatization - were almost afraid to do so - as existential. (Cass. Civ. 13/2010)
Ultimately, the turning point was probably a lot more flash in the pan after the initial moments of terror has left behind him only a small fire, said that it is not inconceivable that SS.UU. be surveyed again in the not too distant future, perhaps in order to dissolve the key to the problem.
http://www.leggioggi.it/2011/03/09/il-danno-esistenziale-come-laraba-fenice/
Towards the revival of the existential damage even after a brief disappearance intense
The existential damage lands under review by the Supreme Court at the stroke of the new millennium as if to mark a further expansion of goods subject to possible injury and guaranteed by the state.
The first protection is back under the aegis of art. 2043 cc due to the rigidity of Article. 2059 cc and its now famous "gauntlet" of then in 2003, following an assessment of all the damage as the result and do not need to "eventizzare" the same in order to obtain compensation, once traced categories - biological, moral and existential - within range of Article application. 2059 cc with reading even though constitutionally, doctrine and jurisprudence assess the usefulness and correctness of their stay in our system of Recoverability in separate existential damage. For
existential damage means the violation of the right to free unfolding of human activities, to free explanation of the personality, in legal jargon, the injury done to a person-income, disruption of the organization of everyday life, habits that make up the flow of time of every man.
The debate over the years has become increasingly switched between those who believed the damage category very existential self, as distinct from both the biological damage such as mental and physical injury from transient who suffered material damage, as well as worthy of protection with limited only by the constitutional requirements, and those who, by contrast, found nella liquidazione di un tale danno una duplicazione del risarcimento fondando la propria tesi sul principio che ad esser risarcito è il pati e non il facere.
Nel 2008 all’apice della diatriba con ordinanza n° 4712/08 si rimetteva alle SS.UU. la questione ben più ampia del danno non patrimoniale ed affini, con otto quesiti ai quali gli Ermellini avrebbero dovuto dare risposta; uno in particolare sulla risarcibilità del danno esistenziale e modalità di liquidazione dello stesso.
Nel “funesto” mese di novembre giunse la risposta delle SS.UU. con sentenza n°26972 che con una rivoluzione epocale scardinavano i principi della liquidazione del danno non patrimoniale, elidendo le categorie di danno biologico e morale e statuendo che di danno esistenziale “non è più dato discorrere”.
La prima reazione a tale sovversione del sistema è stata di certo quella dello sconforto generale ed in particolare dei colleghi specializzati nella materia, che vedevano svanire gli sperati lauti risarcimenti.
Ma la preannunziata rivoluzione è stata tale?
E soprattutto il danno esistenziale è realmente stato soppresso poiché inutile duplicazione del danno biologico e morale?
A ben valutare la giurisprudenza dei Tribunali e Giudici di Pace dalle SS.UU. ad oggi, tranne casi “estremi” ma anche rari, ha applicato i principi espunti con la dovuta cautela e rispettando le “categorie” biological damage and material damage but disguising it by specific non-pecuniary damage caused all'unitaria category. This
in full respect of the old axiom "find the loophole the law passed."
But despite the judicial apparatus is not blocked by the difficulties arising from the application held by stoats, this does not mean that it will continue to speed and without hesitation, as the "fog" continues to be very dense and diatribes on ' topic they have never sedated.
claimed and even more so with specific reference to its existential damage that said absolutely "no need" dalle SS.UU. non sembra aver trovato pace nel proprio dorato sepolcro.
Svanito, o nascosto per un piccolo lasso di tempo, nella giurisprudenza del 2010 in particolare sembra risorgere dalle proprie ceneri come la fenice.
Di danno esistenziale si risente discutere in particolare in ambito di diritto del lavoro, ove si riconosce al dipendente pubblico un risarcimento per mancato riscatto delle annualità e ricongiunzione del periodo contributivo.
La Suprema Corte ritiene, infatti, leso il diritto del soggetto che a causa della mancata massimizzazione dei contributi non può usufruire del dovuto collocamento a riposo.
Tale violazione ha reso impotente il libero arbitrio del lavoratore costretto ad impegnare their time in the performance of the check work task rather than to other activities already predetermined by the same or even desired.
The qualification of damages in this latter goal is to give certain existential self (Cass. Lav. 3023/2010).
And yet the Supreme Court in its Judgement 12318/10 (Sect. Lav.) Legitimate, in case of damages for sexual harassment in the workplace, the complete clearance with consideration of the biological damage, moral and even existential.
But not only in labor law the courts and higher courts recognize that an autonomous form of reparation, even the civilians are returning sections the point in relation to issues already considered and deemed to be of great importance before the ruling in 2008.
Such judicial bodies, for example, have already accepted compensation from birth to unwanted scaturiente change in perspectives of life of parents who had to compete for ever with the prevailing needs of the child, such as to cause "forced reversals of agenda" , describing the damage, even without invoking the doctrine and stigmatization - were almost afraid to do so - as existential. (Cass. Civ. 13/2010)
Ultimately, the turning point was probably a lot more flash in the pan after the initial moments of terror has left behind him only a small fire, said that it is not inconceivable that SS.UU. be surveyed again in the not too distant future, perhaps in order to dissolve the key to the problem.
http://www.leggioggi.it/2011/03/09/il-danno-esistenziale-come-laraba-fenice/
What Color Is A Stitch After Extraction?
ICE HIGHWAY: THE OWNER LIABLE EVEN, EXCEPT INCIDENTAL
Cassation, sez. III, February 24, 2011, No 4495
1. For highways, provided by art. 2 of the old and the new highway code, and by their nature intended to travel fast, safely, the appreciation on the real "possibility" of control by reference to the specified parameters can not lead to the conclusion that in general affirmative, and therefore recognize the configurability of a report of custody for the purposes of art. 2051 cc
2. In applying the principle should also distinguish the danger immanently related to the structure or appurtenances of the highway, from those caused by the users or by a sudden and not specifically predictable altered state of the thing that jeopardizes the safety users and the integrity of their assets.
3.Mentre, indeed, for the situations of the first type, the widespread use and extension of the res data are generally irrelevant as to the actual behavior of the responsibility of the custodian, for those of the second type shall constitute the chance every time the event giving rise to present the characteristics of unpredictability and inevitability as when it occurred before the agency owner or manager, despite the activity of control and efforts to the contrary in order to ensure early intervention, could remove or properly report the extraordinary danger CREATED, for lack of time necessary to adjudicate.
4. The accident is a factor that relates not to a manager's behavior, but the causal profile of the event, so that the test release is not likely to be conducted in terms of whether or not the blame.
Cassation, sez. III, February 24, 2011, No 4495
(Pres. Preden - Rel Amatucci)
Conduct of case
1 .- At 8:50, 22.12.1990, XXX on the highway to the (omitted), the car of L. Ltd. skidded on the frozen road surface (despite the weather), hit the guard rail and damaged. The owner acted judicially
for compensation in respect of Autostrade SpA, reporting that a few minutes later the same fate had touched another car.
The defendant resisted and the court rejected the application of Lucca with sentence # 1397/03. He considered that Article. 2051 cc and could not be applied that the ex art. 2043 cc should be excluded because, in that month and in that area, the presence of ice is absolutely extraordinary event but certainly not uncommon.
2 .- The appeal of L. was rejected by the Court of Appeal ruling Florence No 1861/05 on the findings that, in accordance with the principles enunciated by the Court of Cassation (Cass., nn. 12314/98 and 921/98), art. 2051 cc was unenforceable due to lack of control reste highway by the concessionaire, while the responsibility of the Highways art. 2043 cc lacked the conditions as the first day of winter, "the frost is a phenomenon that can be estimated as daily subsistence, "and because of the presence of ice, the concessionaire had been warned 20 minutes before.
The appellant was also ordered to pay the costs.
3 .- It occurs in cassation L. Ltd. based on two grounds, which made a counterclaim for Autostrade SpA Italy.
Both parties have filed written statement.
Reasons for Decision
1. - The Board has ordered that the motivation is drawn in a simplified form.
2 .- With the first why the sentence is censured for violation and misapplication of Articles. 2051 cc and 2043 regarding the new guidance regarding the applicability of Article. 2051 cc to the operator of highways with second for failure to state reasons for the appeals court held that the danger was extraordinary, without doing any investigation on the weather of the period and the characteristics of the place where the event had occurred, and without considering or the lack of warning signs or that, in the time elapsed between the report received by police about the presence of ice and the time of the event, was not adopted any measure to eliminate the danger or to warn users.
3 .- The first reason is based, while the second is absorbed.
Following the reorientation inaugurated by Cass., N. 298/03, which hath been aligned la giurisprudenza successiva, costituisce ormai principio consolidato quello secondo il quale per le autostrade, contemplate dall'art. 2 del vecchio e del nuovo codice della strada e per loro natura destinate alla percorrenza veloce in condizioni di sicurezza, l'apprezzamento relativo alla effettiva "possibilità" del controllo alla stregua degli indicati parametri non può che indurre a conclusioni in via generale affermative, e dunque a ravvisare la configurabilità di un rapporto di custodia per gli effetti di cui all'art. 2051 c.c. Nell'applicazione del principio occorre peraltro distinguere le situazioni di pericolo immanentemente connesse alla struttura o alle pertinenze dell'autostrada, da quelle provocate dagli stessi utenti ovvero da una repentina and not specifically predictable altered state of the thing that put at risk the personal safety of users and the integrity of their assets.
While, indeed, for the situations of the first type, the widespread use and extension of the res data are generally irrelevant as to the actual behavior of the responsibility of the custodian, for those of the second type will configure all the fortuitous times that the event giving rise to present the characteristics of unpredictability and inevitability as when it occurred before the agency owner or manager, despite the activity of control and efforts to the contrary in order to ensure early intervention, could remove or properly report the extraordinary danger CREATED, for lack of time necessary to adjudicate.
It was also repeatedly made clear that the accident is a factor that relates not to a manager's behavior, but the causal profile of the event (ex multis, Cass., N. 15383/06), so that the test release is not likely to be conducted in terms of whether or not the blame.
4 .- From these principles, the court departed land has run so far has ruled out the applicability of Article. 2051 cc.
The sentence should therefore be quashed with reference to the same appeals court, which decides on the appeal of L. in accordance with the principles laid down in law and will also regulate the costs of the proceedings of cassation.
PQM
the Supreme Court
http://www.dirittoeprocesso.com/index.php?option=com_content&view=article&id=3201:ghiaccio-in-autostrada-responsabile-anche-il-gestore-salvo-il -Case-chance-Supreme-sez-iii-24-February-2011-n-4495 & catid = 53: traffic-road & Itemid = 80
welcomes the first ground of appeal and declares absorbed the second case report and refers, for expenses, the Court of Appeal of Florence in a different formation.
Cassation, sez. III, February 24, 2011, No 4495
1. For highways, provided by art. 2 of the old and the new highway code, and by their nature intended to travel fast, safely, the appreciation on the real "possibility" of control by reference to the specified parameters can not lead to the conclusion that in general affirmative, and therefore recognize the configurability of a report of custody for the purposes of art. 2051 cc
2. In applying the principle should also distinguish the danger immanently related to the structure or appurtenances of the highway, from those caused by the users or by a sudden and not specifically predictable altered state of the thing that jeopardizes the safety users and the integrity of their assets.
3.Mentre, indeed, for the situations of the first type, the widespread use and extension of the res data are generally irrelevant as to the actual behavior of the responsibility of the custodian, for those of the second type shall constitute the chance every time the event giving rise to present the characteristics of unpredictability and inevitability as when it occurred before the agency owner or manager, despite the activity of control and efforts to the contrary in order to ensure early intervention, could remove or properly report the extraordinary danger CREATED, for lack of time necessary to adjudicate.
4. The accident is a factor that relates not to a manager's behavior, but the causal profile of the event, so that the test release is not likely to be conducted in terms of whether or not the blame.
Cassation, sez. III, February 24, 2011, No 4495
(Pres. Preden - Rel Amatucci)
Conduct of case
1 .- At 8:50, 22.12.1990, XXX on the highway to the (omitted), the car of L. Ltd. skidded on the frozen road surface (despite the weather), hit the guard rail and damaged. The owner acted judicially
for compensation in respect of Autostrade SpA, reporting that a few minutes later the same fate had touched another car.
The defendant resisted and the court rejected the application of Lucca with sentence # 1397/03. He considered that Article. 2051 cc and could not be applied that the ex art. 2043 cc should be excluded because, in that month and in that area, the presence of ice is absolutely extraordinary event but certainly not uncommon.
2 .- The appeal of L. was rejected by the Court of Appeal ruling Florence No 1861/05 on the findings that, in accordance with the principles enunciated by the Court of Cassation (Cass., nn. 12314/98 and 921/98), art. 2051 cc was unenforceable due to lack of control reste highway by the concessionaire, while the responsibility of the Highways art. 2043 cc lacked the conditions as the first day of winter, "the frost is a phenomenon that can be estimated as daily subsistence, "and because of the presence of ice, the concessionaire had been warned 20 minutes before.
The appellant was also ordered to pay the costs.
3 .- It occurs in cassation L. Ltd. based on two grounds, which made a counterclaim for Autostrade SpA Italy.
Both parties have filed written statement.
Reasons for Decision
1. - The Board has ordered that the motivation is drawn in a simplified form.
2 .- With the first why the sentence is censured for violation and misapplication of Articles. 2051 cc and 2043 regarding the new guidance regarding the applicability of Article. 2051 cc to the operator of highways with second for failure to state reasons for the appeals court held that the danger was extraordinary, without doing any investigation on the weather of the period and the characteristics of the place where the event had occurred, and without considering or the lack of warning signs or that, in the time elapsed between the report received by police about the presence of ice and the time of the event, was not adopted any measure to eliminate the danger or to warn users.
3 .- The first reason is based, while the second is absorbed.
Following the reorientation inaugurated by Cass., N. 298/03, which hath been aligned la giurisprudenza successiva, costituisce ormai principio consolidato quello secondo il quale per le autostrade, contemplate dall'art. 2 del vecchio e del nuovo codice della strada e per loro natura destinate alla percorrenza veloce in condizioni di sicurezza, l'apprezzamento relativo alla effettiva "possibilità" del controllo alla stregua degli indicati parametri non può che indurre a conclusioni in via generale affermative, e dunque a ravvisare la configurabilità di un rapporto di custodia per gli effetti di cui all'art. 2051 c.c. Nell'applicazione del principio occorre peraltro distinguere le situazioni di pericolo immanentemente connesse alla struttura o alle pertinenze dell'autostrada, da quelle provocate dagli stessi utenti ovvero da una repentina and not specifically predictable altered state of the thing that put at risk the personal safety of users and the integrity of their assets.
While, indeed, for the situations of the first type, the widespread use and extension of the res data are generally irrelevant as to the actual behavior of the responsibility of the custodian, for those of the second type will configure all the fortuitous times that the event giving rise to present the characteristics of unpredictability and inevitability as when it occurred before the agency owner or manager, despite the activity of control and efforts to the contrary in order to ensure early intervention, could remove or properly report the extraordinary danger CREATED, for lack of time necessary to adjudicate.
It was also repeatedly made clear that the accident is a factor that relates not to a manager's behavior, but the causal profile of the event (ex multis, Cass., N. 15383/06), so that the test release is not likely to be conducted in terms of whether or not the blame.
4 .- From these principles, the court departed land has run so far has ruled out the applicability of Article. 2051 cc.
The sentence should therefore be quashed with reference to the same appeals court, which decides on the appeal of L. in accordance with the principles laid down in law and will also regulate the costs of the proceedings of cassation.
PQM
the Supreme Court
http://www.dirittoeprocesso.com/index.php?option=com_content&view=article&id=3201:ghiaccio-in-autostrada-responsabile-anche-il-gestore-salvo-il -Case-chance-Supreme-sez-iii-24-February-2011-n-4495 & catid = 53: traffic-road & Itemid = 80
welcomes the first ground of appeal and declares absorbed the second case report and refers, for expenses, the Court of Appeal of Florence in a different formation.
Horrible Taste In My Mouth From Clarithomycin
Supreme Court: the crime of stalking exists even if there are acts against limb
For the configuration of the crime of "persecution" cd. "Stalking" is sufficient "that the persecution of creating a state of severe emotional disturbance such as to destabilize the victim, not being able to bring the case here in a repeat of part art. 582 cp (lesions). The offense, in essence, is integrated not directed against acts of physical injury. To say this is a recent ruling of the Supreme Court which was dismissed an appeal by a man who haunted his former girlfriend with persecution directed against his car, without harm to the safety physics itself. According to the reconstruction of the incident, was appealed to the Supreme Court against the order issued by a court of Turin (the confirmation of the order GIP Asti application of the measure of the prohibition approach to the places frequented by the victim). The man, holding the order, appealed to the Supreme Court pleading violazone art. 612-bis and a lack of motivation with regard to the configuration of the offense (as the appellant, in essence, the Court erred in considering the creation of all events under the rule laid down in Art. 612-bis addition, The woman, a victim of the crime, had not expressed my fear nor denounced threats issued in its damage by man. He finally noted that the facts he had put in place to direct damage to things and not directed against ' physical safety of his ex). Despite the objections raised by man, the Court rejected the appeal, stating that the new crime of "stalking" in Article. 612-bis, introduced by Art. Dl 7 of 23.02.2009, No 11, can integrate well in the presence of persecutory conduct, such as fire and / or damage to the victim's machine, even without attitudes directed against the limb, such as to destabilize the woman psychologically, "the new type - the declared fifth section of the Criminal Palazzaccio with sentence # 8832 filed March 7, 2011 - can not be reduced to a repetition of the offense under Article. 582 cp - the occurrence of which can be configured either as a physical illness such as mental illness and spcicoligca - but it is sufficient that the acts considered persecutors have a destabilizing effect of Sérent, the victim's psychological equilibrium. This unsettling event was successfully held on the courts of subsistence, while not result in an advanced disease state, which may be relevant to ascertain whether there is any further injury offense. "
http://www.studiocataldi.it / news_giuridiche_asp/news_giuridica_9869.asp
For the configuration of the crime of "persecution" cd. "Stalking" is sufficient "that the persecution of creating a state of severe emotional disturbance such as to destabilize the victim, not being able to bring the case here in a repeat of part art. 582 cp (lesions). The offense, in essence, is integrated not directed against acts of physical injury. To say this is a recent ruling of the Supreme Court which was dismissed an appeal by a man who haunted his former girlfriend with persecution directed against his car, without harm to the safety physics itself. According to the reconstruction of the incident, was appealed to the Supreme Court against the order issued by a court of Turin (the confirmation of the order GIP Asti application of the measure of the prohibition approach to the places frequented by the victim). The man, holding the order, appealed to the Supreme Court pleading violazone art. 612-bis and a lack of motivation with regard to the configuration of the offense (as the appellant, in essence, the Court erred in considering the creation of all events under the rule laid down in Art. 612-bis addition, The woman, a victim of the crime, had not expressed my fear nor denounced threats issued in its damage by man. He finally noted that the facts he had put in place to direct damage to things and not directed against ' physical safety of his ex). Despite the objections raised by man, the Court rejected the appeal, stating that the new crime of "stalking" in Article. 612-bis, introduced by Art. Dl 7 of 23.02.2009, No 11, can integrate well in the presence of persecutory conduct, such as fire and / or damage to the victim's machine, even without attitudes directed against the limb, such as to destabilize the woman psychologically, "the new type - the declared fifth section of the Criminal Palazzaccio with sentence # 8832 filed March 7, 2011 - can not be reduced to a repetition of the offense under Article. 582 cp - the occurrence of which can be configured either as a physical illness such as mental illness and spcicoligca - but it is sufficient that the acts considered persecutors have a destabilizing effect of Sérent, the victim's psychological equilibrium. This unsettling event was successfully held on the courts of subsistence, while not result in an advanced disease state, which may be relevant to ascertain whether there is any further injury offense. "
http://www.studiocataldi.it / news_giuridiche_asp/news_giuridica_9869.asp
Small Red And Purple Dots Under Skin On Thigh
Tuesday, March 8, 2011
Unjumble Aybntoe To Make A Weapon
ban pets in the building: decide unanimously condos (Civil Appeal No 3705 of 15.02.2011)
A dispute as to the possibility of keeping animals in the apartment building offers the Supreme Court the opportunity to return to deal with the approval and modification of house rules of nature "contract".
The terms of the regulation which impose limitations on the powers and privileges due to exclusive apartment buildings on parts of their properties affect the rights of the owners, thus constituting them on a real "mutual servitude".
It follows that those provisions are contractual in nature and therefore should be approved and may be changed only by unanimous consent of the owners.
More specifically, according to the judges the sole source of legitimacy that justifies acts of devices that limit the exclusive rights of each owner must necessarily be found in the "will" dei singoli.
La possibilità di imporre limiti all’esercizio della proprietà esclusiva, dunque, esorbita dalle attribuzioni dell’assemblea, alla quale è conferito il solo potere regolamentare di gestione della cosa comune, provvedendo a disciplinarne l’uso e il godimento.
Il divieto di tenere animali domestici negli appartamenti condominiali, pertanto, limitando il diritto esclusivo di ciascuno, non può essere contenuto negli ordinari regolamenti approvati a maggioranza semplice, non potendo detti regolamenti importare limitazioni delle facoltà comprese nel diritto di proprietà dei condomini sulle porzioni del fabbricato appartenenti ad essi in via esclusiva (Cass. civ. n. 12028/93).
Alla luce di tali considerazioni, è stata confermata la nullità della delibera con la quale l’assemblea aveva disposto la modifica del regolamento nella parte in cui era previsto il divieto di tenere in casa e in qualsiasi spazio comune condominiale animali di qualsiasi genere, dovendo tale delibera essere necessariamente approvata all’unanimità e non a maggioranza semplice.
http://www.blogcondominio.com/2011/03/divieto-animali-condominio-cassazione.html
A dispute as to the possibility of keeping animals in the apartment building offers the Supreme Court the opportunity to return to deal with the approval and modification of house rules of nature "contract".
The terms of the regulation which impose limitations on the powers and privileges due to exclusive apartment buildings on parts of their properties affect the rights of the owners, thus constituting them on a real "mutual servitude".
It follows that those provisions are contractual in nature and therefore should be approved and may be changed only by unanimous consent of the owners.
More specifically, according to the judges the sole source of legitimacy that justifies acts of devices that limit the exclusive rights of each owner must necessarily be found in the "will" dei singoli.
La possibilità di imporre limiti all’esercizio della proprietà esclusiva, dunque, esorbita dalle attribuzioni dell’assemblea, alla quale è conferito il solo potere regolamentare di gestione della cosa comune, provvedendo a disciplinarne l’uso e il godimento.
Il divieto di tenere animali domestici negli appartamenti condominiali, pertanto, limitando il diritto esclusivo di ciascuno, non può essere contenuto negli ordinari regolamenti approvati a maggioranza semplice, non potendo detti regolamenti importare limitazioni delle facoltà comprese nel diritto di proprietà dei condomini sulle porzioni del fabbricato appartenenti ad essi in via esclusiva (Cass. civ. n. 12028/93).
Alla luce di tali considerazioni, è stata confermata la nullità della delibera con la quale l’assemblea aveva disposto la modifica del regolamento nella parte in cui era previsto il divieto di tenere in casa e in qualsiasi spazio comune condominiale animali di qualsiasi genere, dovendo tale delibera essere necessariamente approvata all’unanimità e non a maggioranza semplice.
http://www.blogcondominio.com/2011/03/divieto-animali-condominio-cassazione.html
How Is The Road Test In Wayne Nj
The lawyers' professional responsibility for the information provided to the customer: the limits and obligations. Cass. Civ. February 23, 2011 No 4422.
Può l’avvocato essere chiamato a rispondere per responsabilità professionale per non aver consigliato al proprio cliente di porre in essere una determinata azione che avrebbe permesso di “aggirare” le prescrizioni di leggi?
Secondo la Suprema Corte ciò non può determinare in capo al professionista alcuna responsabilità professionale, in quanto tra i doveri di un professionista non può essere compreso quello di "aggirare" le prescrizioni di legge, deviandole dallo scopo loro proprio (nel caso di specie l'accettazione di eredità con beneficio di inventario non ha il fine di eludere il termine stabilito per la presentazione della dichiarazione di successione, bensì mantenere distinti i patrimoni del de cuius e dell'erede, per evitare la responsabilità ultra vires).
Il legale, dunque, non può e non deve fornire al cliente indicazioni o soluzioni che permettano l’aggiramento della norma vigente, non rientrando This "task" from those of their profession.
http://www.mondodiritto.it/giurisprudenza/corte-di-cassazione/diritto-civile-la-responsabilit-a-professionale-dell-avvocato-per-le-indicazioni-fornite-al-cliente-limiti- cass-and-duties-civ-23-February-2011-n-4422.html
The Court of Piazza Cavour, then raised the following legal principle: "It is a source of professional liability for the lawyer who has been responsible the submission of a declaration of succession near the end of its term and in the absence of the necessary documentation for the timely fulfillment of performance, fail to advise the customer to accept the inheritance with benefit of inventory, so you do qualify for the extension provided by law for such an eventuality, it is a diversion from its primary purpose of the act. "
_______________________
Cass. Civ. Sec. VI, Ord., 23-02 - 2011, No. 4422
Conduct of the process and reasons for the decision
- the report prepared pursuant to art. 380a Code of Civil Procedure, paragraph 1, reads as follows:
"By February 1, 2005 ruling of the Court of Bologna revoked the injunction issued against [...] [...] and [...], having as its object the payment of compensation claimed by the Advocate [...] for professional activities, is to engage in practices on succession mortis causa of [...], also condemned the professional to recover damages arising from failure to timely submission of the declaration of succession.
contested by both sides, the decision was reversed by the Court of Appeal of Bologna, which in its ruling of October 6, 2009 upheld the monitors and rejected the claim for damages brought by the opponents.
[...] [...] and [...] have asked the Supreme Court in that case, for three reasons. [...] Has made a counterclaim.
The defendant challenged the admissibility of the appeal, noting that it contains the wording of questions of law nor the rules mentioned in cases not properly applied by the court.
The exception does not appear to accept, in both profiles in which it is articulated as: the first of these requirements is not required for the decisions published, as here, after July 4, 2009, date of entry into force of L. June 18, 2009, No 69, Article. Article 41 is repealed. 366 bis cpc, and those provisions which it is proposed the violation are regularly listed in the header and in the context of the grounds for appeal in which this defect, together with a lack of motivation, is denounced by the applicants.
With the first two of these reasons [...] [...] and [...] complain that the appeals court wrongly ignored the existence of professional liability lawyer [...], which they say is made clear by this fact: "even at the time the assignment was missing much of the documentation , and near the end of 6 months for the lodging of the complaint of succession, he omitted to submit to the heirs, by that date, a declaration of acceptance with the benefit of inventory that, under Article 31. Lett. d) Dlg . News 31.10.1990 No 346 ante, he would have postponed the final date for submitting the succession of another 6-month period following the deadline for the submission of the benefit inventory.
The complaint is manifestly ill-founded, is excluded, as noted in substance the court of second instance, that among the duties of a professional is understood to "circumvent" the requirements of the law, diverting them from their own purpose (for the acceptance of inheritance with the benefit of inventory is not circumvent the deadline for the submission of the declaration of succession, but rather to separate the assets of the deceased and the heir to avoid responsibility for ultra vires).
The unfounded detected the first two grounds of appeal makes it unnecessary to examine the third, which relates to another ratio decidendi of the judgment-based e-mail: the validity of the clause in which the lawyer [...] was exonerated "from any responsibility for any delays, just because the legal deadlines for registration are about to expire."
It is therefore possible to define the action under Article. 375, No 5, the second hypothesis.
- the applicants have submitted a statement, appeared in private on the defender of the defendant and the prosecutor;
- the Board agrees with the arguments contained in the report and makes her own, noting that they are not effectively countered by the objections made in the statement lodged: There is no doubt the legitimacy on which the applicants insist, acceptance of inheritance with the benefit of inventory, but its use for a purpose (the deferral of the deadline for submission of the declaration of succession for tax purposes) that is different from his own (the maintenance of the distinction between the assets of the deceased and inheritance), so that its achievement can not be considered between the duties of the profession responsible for the presentation of a statement;
- to enunciate the principle is thus: "It is a source of professional liability for the lawyer who has been responsible for the submission of a declaration of succession near the end of its term and in the absence of documentation necessaria per il tempestivo adempimento della prestazione, omettere di consigliare il cliente di accettare l'eredità con beneficio di inventario, in modo da farlo beneficiare della proroga prevista per tale ipotesi dalla legge, trattandosi di una deviazione dell'atto dal suo scopo precipuo";
- il ricorso deve essere pertanto rigettato, con conseguente condanna dei ricorrenti in solido - stante il comune loro interesse nella causa - a rimborsare alla resistente le spese del giudizio di cassazione, che si liquidano in 200,00 Euro, oltre a 3.000,00 Euro per onorari, con gli accessori di legge.
P.Q.M.
Rigetta il ricorso; condanna i ricorrenti in solido a rimborsare;
alla resistente le spese the court of cassation, paid in Euro 200.00, 3000.00 Euro plus fees, with the accessories of the law.
Note Att. Augusto Carena.
http://www.mondodiritto.it/giurisprudenza/corte-di-cassazione/diritto-civile-la-responsabilit-a-professionale-dell-avvocato-per-le-indicazioni-fornite-al-cliente-limiti- cass-and-duties-civ-23-February-2011-n-4422.html
Può l’avvocato essere chiamato a rispondere per responsabilità professionale per non aver consigliato al proprio cliente di porre in essere una determinata azione che avrebbe permesso di “aggirare” le prescrizioni di leggi?
Secondo la Suprema Corte ciò non può determinare in capo al professionista alcuna responsabilità professionale, in quanto tra i doveri di un professionista non può essere compreso quello di "aggirare" le prescrizioni di legge, deviandole dallo scopo loro proprio (nel caso di specie l'accettazione di eredità con beneficio di inventario non ha il fine di eludere il termine stabilito per la presentazione della dichiarazione di successione, bensì mantenere distinti i patrimoni del de cuius e dell'erede, per evitare la responsabilità ultra vires).
Il legale, dunque, non può e non deve fornire al cliente indicazioni o soluzioni che permettano l’aggiramento della norma vigente, non rientrando This "task" from those of their profession.
http://www.mondodiritto.it/giurisprudenza/corte-di-cassazione/diritto-civile-la-responsabilit-a-professionale-dell-avvocato-per-le-indicazioni-fornite-al-cliente-limiti- cass-and-duties-civ-23-February-2011-n-4422.html
The Court of Piazza Cavour, then raised the following legal principle: "It is a source of professional liability for the lawyer who has been responsible the submission of a declaration of succession near the end of its term and in the absence of the necessary documentation for the timely fulfillment of performance, fail to advise the customer to accept the inheritance with benefit of inventory, so you do qualify for the extension provided by law for such an eventuality, it is a diversion from its primary purpose of the act. "
_______________________
Cass. Civ. Sec. VI, Ord., 23-02 - 2011, No. 4422
Conduct of the process and reasons for the decision
- the report prepared pursuant to art. 380a Code of Civil Procedure, paragraph 1, reads as follows:
"By February 1, 2005 ruling of the Court of Bologna revoked the injunction issued against [...] [...] and [...], having as its object the payment of compensation claimed by the Advocate [...] for professional activities, is to engage in practices on succession mortis causa of [...], also condemned the professional to recover damages arising from failure to timely submission of the declaration of succession.
contested by both sides, the decision was reversed by the Court of Appeal of Bologna, which in its ruling of October 6, 2009 upheld the monitors and rejected the claim for damages brought by the opponents.
[...] [...] and [...] have asked the Supreme Court in that case, for three reasons. [...] Has made a counterclaim.
The defendant challenged the admissibility of the appeal, noting that it contains the wording of questions of law nor the rules mentioned in cases not properly applied by the court.
The exception does not appear to accept, in both profiles in which it is articulated as: the first of these requirements is not required for the decisions published, as here, after July 4, 2009, date of entry into force of L. June 18, 2009, No 69, Article. Article 41 is repealed. 366 bis cpc, and those provisions which it is proposed the violation are regularly listed in the header and in the context of the grounds for appeal in which this defect, together with a lack of motivation, is denounced by the applicants.
With the first two of these reasons [...] [...] and [...] complain that the appeals court wrongly ignored the existence of professional liability lawyer [...], which they say is made clear by this fact: "even at the time the assignment was missing much of the documentation , and near the end of 6 months for the lodging of the complaint of succession, he omitted to submit to the heirs, by that date, a declaration of acceptance with the benefit of inventory that, under Article 31. Lett. d) Dlg . News 31.10.1990 No 346 ante, he would have postponed the final date for submitting the succession of another 6-month period following the deadline for the submission of the benefit inventory.
The complaint is manifestly ill-founded, is excluded, as noted in substance the court of second instance, that among the duties of a professional is understood to "circumvent" the requirements of the law, diverting them from their own purpose (for the acceptance of inheritance with the benefit of inventory is not circumvent the deadline for the submission of the declaration of succession, but rather to separate the assets of the deceased and the heir to avoid responsibility for ultra vires).
The unfounded detected the first two grounds of appeal makes it unnecessary to examine the third, which relates to another ratio decidendi of the judgment-based e-mail: the validity of the clause in which the lawyer [...] was exonerated "from any responsibility for any delays, just because the legal deadlines for registration are about to expire."
It is therefore possible to define the action under Article. 375, No 5, the second hypothesis.
- the applicants have submitted a statement, appeared in private on the defender of the defendant and the prosecutor;
- the Board agrees with the arguments contained in the report and makes her own, noting that they are not effectively countered by the objections made in the statement lodged: There is no doubt the legitimacy on which the applicants insist, acceptance of inheritance with the benefit of inventory, but its use for a purpose (the deferral of the deadline for submission of the declaration of succession for tax purposes) that is different from his own (the maintenance of the distinction between the assets of the deceased and inheritance), so that its achievement can not be considered between the duties of the profession responsible for the presentation of a statement;
- to enunciate the principle is thus: "It is a source of professional liability for the lawyer who has been responsible for the submission of a declaration of succession near the end of its term and in the absence of documentation necessaria per il tempestivo adempimento della prestazione, omettere di consigliare il cliente di accettare l'eredità con beneficio di inventario, in modo da farlo beneficiare della proroga prevista per tale ipotesi dalla legge, trattandosi di una deviazione dell'atto dal suo scopo precipuo";
- il ricorso deve essere pertanto rigettato, con conseguente condanna dei ricorrenti in solido - stante il comune loro interesse nella causa - a rimborsare alla resistente le spese del giudizio di cassazione, che si liquidano in 200,00 Euro, oltre a 3.000,00 Euro per onorari, con gli accessori di legge.
P.Q.M.
Rigetta il ricorso; condanna i ricorrenti in solido a rimborsare;
alla resistente le spese the court of cassation, paid in Euro 200.00, 3000.00 Euro plus fees, with the accessories of the law.
Note Att. Augusto Carena.
http://www.mondodiritto.it/giurisprudenza/corte-di-cassazione/diritto-civile-la-responsabilit-a-professionale-dell-avvocato-per-le-indicazioni-fornite-al-cliente-limiti- cass-and-duties-civ-23-February-2011-n-4422.html
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Cassation: demotion or deskilling and the recognition of compensation to the employee does not occur automatically stop the notification in New
demnsionamento In the case of disqualification or professional recognition of the worker's right to compensation professional, biological or existential, is not satisfied automatically in all cases of failure of the employers; if you are unable to demonstrate the nature and characteristics of the injury, you can get a presumption of the opposite sign to the demotion by the extreme modesty of activity previously limited supremacy. It 'as stated by the Supreme Court that the sentence no 5237 of 4 March 2011, dismissed an appeal by a worker against the decision of the trial court that had rejected the application seeking to obtain compensation for the damage by failing to provide evidence of the worker injury demotion, and considering the extreme modesty of former position of supremacy over their colleagues. The Supreme Court stressed that the Court of Appeal was right in line with the legal principle according to which the worker's entitlement to compensation professional, biological or existential resulting from demotion or demotion is not possible without a specific allegation in the application instituting the proceedings, the nature and characteristics of the injury itself. Stoats also agree that a modest and limited control position of the worker in respect of his colleagues, as in perspective, could not have exceeded the tolerance threshold beyond which the substance to the non-pecuniary damage.
http://www.studiocataldi.it/news_giuridiche_asp/news_giuridica_9864.asp
demnsionamento In the case of disqualification or professional recognition of the worker's right to compensation professional, biological or existential, is not satisfied automatically in all cases of failure of the employers; if you are unable to demonstrate the nature and characteristics of the injury, you can get a presumption of the opposite sign to the demotion by the extreme modesty of activity previously limited supremacy. It 'as stated by the Supreme Court that the sentence no 5237 of 4 March 2011, dismissed an appeal by a worker against the decision of the trial court that had rejected the application seeking to obtain compensation for the damage by failing to provide evidence of the worker injury demotion, and considering the extreme modesty of former position of supremacy over their colleagues. The Supreme Court stressed that the Court of Appeal was right in line with the legal principle according to which the worker's entitlement to compensation professional, biological or existential resulting from demotion or demotion is not possible without a specific allegation in the application instituting the proceedings, the nature and characteristics of the injury itself. Stoats also agree that a modest and limited control position of the worker in respect of his colleagues, as in perspective, could not have exceeded the tolerance threshold beyond which the substance to the non-pecuniary damage.
http://www.studiocataldi.it/news_giuridiche_asp/news_giuridica_9864.asp
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directly
Notification Equitalia executed directly from the folder, without the intermediary of a Journal of the collection, does not exist. The CTPs of Lecce, Judgement No 533/05/10, returns to bring into play the issue after the Supreme Court seemed to have written the end to the controversy. The pronunciation n. 15948/2010 of the Supreme Court had held the rituals of the notification addressed by the agent of recovery.
In short, the decision of the judges salentini reiterates the assumption that the notification of the roles performed directly by Equitalia being executed in violation of instructions provided by Article 26 of Presidential Decree No. 602/73 and Article 60 of Presidential Decree No. 600/73 and therefore non-existent. Article 26, paragraph 1, in particular, requires the notification of the Payment folder must always be carried out only by the following subjects: officers recovered, persons authorized by the licensee in the manner provided by law, according to an official document, prior notifications by certain date; put municipal - subject to agreement between the municipality and the concessionaire - in this case according to an official document Previous notifications by certain date; municipal police officers.
The same Article 26 also authorizes the use of the postal service. The controversial issue is whether such aid can be used directly from your dealer or whether it must necessarily make use of the intermediary of a Journal of recovery.
Last May, the issue had in fact been addressed by the Supreme Court with a ruling, which explicitly rejected, in this case, the assumption of non-existence of the notification, that this case is realized only when it would fail completely or, alternatively, whether it was done completely outside of the statutory scheme notificatorio procedure.
But, according to the CTP Lecce, was in fact ignored the sustained development of the law in Article 26 of Presidential Decree No. 602/73. The text of the rule legitimized the dealer to resort to direct notification, at least until its completion has not been radically modified by Article 12 of Legislative Decree 46/99. As a result of that amendment, the text of the rule has been amended just the term which expressly authorizes the licensee to notify the roles using the postal service, without the intermediary of a Journal.
What was the legislative intention of removing this privilege from the dealer, is evidenced by the fact that Article 26, in the current provision, begins by giving to specific individuals served with the folder, first of all officers of recovery.
For these reasons, concludes the CTP, you can not share the assumption by the Supreme Court, even more so when taking into account the espresso reference work on this, Article 137 of the Code of Civil Procedure, which governs the service as an act his bailiff, even when it has recourse to the postal service.
http://www.ilsole24ore.com/art/norme-e-tributi/2011-03-07/nuovo-stop-notifica-eseguita-064106.shtml?uuid=Aab3I3DD
Notification Equitalia executed directly from the folder, without the intermediary of a Journal of the collection, does not exist. The CTPs of Lecce, Judgement No 533/05/10, returns to bring into play the issue after the Supreme Court seemed to have written the end to the controversy. The pronunciation n. 15948/2010 of the Supreme Court had held the rituals of the notification addressed by the agent of recovery.
In short, the decision of the judges salentini reiterates the assumption that the notification of the roles performed directly by Equitalia being executed in violation of instructions provided by Article 26 of Presidential Decree No. 602/73 and Article 60 of Presidential Decree No. 600/73 and therefore non-existent. Article 26, paragraph 1, in particular, requires the notification of the Payment folder must always be carried out only by the following subjects: officers recovered, persons authorized by the licensee in the manner provided by law, according to an official document, prior notifications by certain date; put municipal - subject to agreement between the municipality and the concessionaire - in this case according to an official document Previous notifications by certain date; municipal police officers.
The same Article 26 also authorizes the use of the postal service. The controversial issue is whether such aid can be used directly from your dealer or whether it must necessarily make use of the intermediary of a Journal of recovery.
Last May, the issue had in fact been addressed by the Supreme Court with a ruling, which explicitly rejected, in this case, the assumption of non-existence of the notification, that this case is realized only when it would fail completely or, alternatively, whether it was done completely outside of the statutory scheme notificatorio procedure.
But, according to the CTP Lecce, was in fact ignored the sustained development of the law in Article 26 of Presidential Decree No. 602/73. The text of the rule legitimized the dealer to resort to direct notification, at least until its completion has not been radically modified by Article 12 of Legislative Decree 46/99. As a result of that amendment, the text of the rule has been amended just the term which expressly authorizes the licensee to notify the roles using the postal service, without the intermediary of a Journal.
What was the legislative intention of removing this privilege from the dealer, is evidenced by the fact that Article 26, in the current provision, begins by giving to specific individuals served with the folder, first of all officers of recovery.
For these reasons, concludes the CTP, you can not share the assumption by the Supreme Court, even more so when taking into account the espresso reference work on this, Article 137 of the Code of Civil Procedure, which governs the service as an act his bailiff, even when it has recourse to the postal service.
http://www.ilsole24ore.com/art/norme-e-tributi/2011-03-07/nuovo-stop-notifica-eseguita-064106.shtml?uuid=Aab3I3DD
How Much Is Plan-b At Walmart
CASSAZIONE ON COPYRIGHT: 'BROKEN' THE CONSOLE IS AN OFFENCE
There is 'reading' that takes judicial, 'crack' console is a crime, and as such should be punito.A determine this, finally putting the dots on 'i', the Third Criminal Court of Cassation (8791/11 , filed last Friday) that returning to the protection of copyright applied to new technologies, with court cancels an order 'liberistaì' Review of Florence, fully confirming the two previous case law (23765/10 and 33768/07).
The issue concerns an incident that happened last summer, when a forty year old Tuscan had suffered a search and seizure of computer hardware, having advertised sold on the internet and programs to get around the block the installation of non-original games on Nintendo platforms.
courts had held that the defense advanced technology by the manufacturer - in addition to the programs 'Tarot' to their console, but also blocks the original software for other areas of business - it was basically 'too much' and that the hardware would be out of 'area of \u200b\u200bprotection of the law 633/41.
Now, the Supreme Court returned the case, citing the Court of Review, guilty of having ignored the ruling that broadened the umbrella 23765/10 penalty (Article 171-ter, paragraph 1 letter f-bis of Law 633/41 ) to "all devices primarily designed to allow the circumvention of technological protection measures appearing on materials and works protected by copyright, do not require their direct apposition incriminating rule over the works or materials protected. "
In practice, though the console is definitely a hardware, but it is essential to run the original software, so that any tampering with it in fact undermines the protection of the same programs.
Finally, according to the judges of the Court, in this way also avoids the copyright law (Article 171-bis c.1 f) meeting inevitably going to penalties.
http://www.giocoegiochi.com/index.php?id=56478
There is 'reading' that takes judicial, 'crack' console is a crime, and as such should be punito.A determine this, finally putting the dots on 'i', the Third Criminal Court of Cassation (8791/11 , filed last Friday) that returning to the protection of copyright applied to new technologies, with court cancels an order 'liberistaì' Review of Florence, fully confirming the two previous case law (23765/10 and 33768/07).
The issue concerns an incident that happened last summer, when a forty year old Tuscan had suffered a search and seizure of computer hardware, having advertised sold on the internet and programs to get around the block the installation of non-original games on Nintendo platforms.
courts had held that the defense advanced technology by the manufacturer - in addition to the programs 'Tarot' to their console, but also blocks the original software for other areas of business - it was basically 'too much' and that the hardware would be out of 'area of \u200b\u200bprotection of the law 633/41.
Now, the Supreme Court returned the case, citing the Court of Review, guilty of having ignored the ruling that broadened the umbrella 23765/10 penalty (Article 171-ter, paragraph 1 letter f-bis of Law 633/41 ) to "all devices primarily designed to allow the circumvention of technological protection measures appearing on materials and works protected by copyright, do not require their direct apposition incriminating rule over the works or materials protected. "
In practice, though the console is definitely a hardware, but it is essential to run the original software, so that any tampering with it in fact undermines the protection of the same programs.
Finally, according to the judges of the Court, in this way also avoids the copyright law (Article 171-bis c.1 f) meeting inevitably going to penalties.
http://www.giocoegiochi.com/index.php?id=56478
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Antitrust calls for more protection from publicity about food
The President of the Antitrust Authority, Antonio Catricalà, sent a letter to European Commissioner for Health and Consumer Protection, John Dalli, as well as the top European Food Safety Authority, so there is the adoption of a more comprehensive guidelines for companies operating in the agro-food industry. The solicitation of Catricalà concerns, in particular, the advertising of foods, which often sees the use of claims (phrases) from the spot, officially authorized by Community legislation, but in fact do not meet the requirements from Brussels. The reference is to the many phrases in health-conscious content, aiming to advertise a product, come se avesse proprietà curative o di prevenzione di potenziali malattie. In questo modo, scrive Catricalà, si fa un uso fuorviante della normativa europea, che consente sì l'utilizzo di determinati concetti approvati, ma con le cautele e senza gli eccessi, di cui invece vediamo chiaramente in tv o sulla stampa. Serve, quindi, secondo l'Antitrust, una disciplina che dia una maggiore chiarezza informativa su questo tipo di imprese e sui rispettivi prodotti. Ad esempio, non si potrebbe pubblicizzare le proprietà salutistiche di un prodotto, senza chiarire che andrebbe tenuto un regime alimentare sano, evitando che tra i consumatori si ingenerino aspettative eccessive, che poco hanno a che fare con i prodotti acquistati.
http://www.studiocataldi.it/news_giuridiche_asp/news_giuridica_9860.asp
The President of the Antitrust Authority, Antonio Catricalà, sent a letter to European Commissioner for Health and Consumer Protection, John Dalli, as well as the top European Food Safety Authority, so there is the adoption of a more comprehensive guidelines for companies operating in the agro-food industry. The solicitation of Catricalà concerns, in particular, the advertising of foods, which often sees the use of claims (phrases) from the spot, officially authorized by Community legislation, but in fact do not meet the requirements from Brussels. The reference is to the many phrases in health-conscious content, aiming to advertise a product, come se avesse proprietà curative o di prevenzione di potenziali malattie. In questo modo, scrive Catricalà, si fa un uso fuorviante della normativa europea, che consente sì l'utilizzo di determinati concetti approvati, ma con le cautele e senza gli eccessi, di cui invece vediamo chiaramente in tv o sulla stampa. Serve, quindi, secondo l'Antitrust, una disciplina che dia una maggiore chiarezza informativa su questo tipo di imprese e sui rispettivi prodotti. Ad esempio, non si potrebbe pubblicizzare le proprietà salutistiche di un prodotto, senza chiarire che andrebbe tenuto un regime alimentare sano, evitando che tra i consumatori si ingenerino aspettative eccessive, che poco hanno a che fare con i prodotti acquistati.
http://www.studiocataldi.it/news_giuridiche_asp/news_giuridica_9860.asp
Sunday, March 6, 2011
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The mother-in-law resumes assigned to house ex-law and grandchildren
Se la suocera ne ha bisogno la nuora deve restituire la casa concessa in comodato gratuito agli sposi. L'immobile va lasciato anche se, dopo la separazione, il giudice lo ha assegnato alla moglie come genitore affidatario. Con la sentenza 4917 del 28 febbraio la Cassazione ha decretato la restituzione di un appartamento alla mamma dello sposo, (comproprietario di 1/9 dell'immobile) che, certificati medici alla mano, ha provato il suo stato di necessità. Oltre a documentare le precarie condizioni di salute la signora aveva mostrato ai giudici la lettera con cui uno dei suoi figli le comunicava la sua intenzione di non volerla più ospitare. Una causa non prevedibile che, unita allo stato di urgente bisogno, ha indotto la Corte of Appeals and the Supreme Court to decide in favor of the elderly, despite the existence of the court order granting the former wife accommodation. An act which has occurred after the separation, which - makes clear the Supreme Court - can not be opposed to the mother-in-law, who was on loan because the property was used as a family house, if it needs them for urgent and could not be anticipated. Neither the judges of Piazza Cavour gave weight to the argument of costs incurred to settle the property, which it sought reimbursement. Interventions, supported by her former husband, "consistent with the ordinary use of the property that is for the borrower and the position of co-owner." According to the lawyers association
double the ruling would open the way for an avalanche of appeals because it upsets a deep-seated orientation. In fact, however, the Supreme Court in the past followed the same approach with other judgments (among them the No. 13603 of July 21, 2004 and No. 9253 of May 4, 2005).
JUDGEMENT
http://www.ilsole24ore.com/art/norme-e-tributi/2011-03-01/suocera-riprende-casa-assegnata-100647.shtml?uuid=AaPVuWCD
Se la suocera ne ha bisogno la nuora deve restituire la casa concessa in comodato gratuito agli sposi. L'immobile va lasciato anche se, dopo la separazione, il giudice lo ha assegnato alla moglie come genitore affidatario. Con la sentenza 4917 del 28 febbraio la Cassazione ha decretato la restituzione di un appartamento alla mamma dello sposo, (comproprietario di 1/9 dell'immobile) che, certificati medici alla mano, ha provato il suo stato di necessità. Oltre a documentare le precarie condizioni di salute la signora aveva mostrato ai giudici la lettera con cui uno dei suoi figli le comunicava la sua intenzione di non volerla più ospitare. Una causa non prevedibile che, unita allo stato di urgente bisogno, ha indotto la Corte of Appeals and the Supreme Court to decide in favor of the elderly, despite the existence of the court order granting the former wife accommodation. An act which has occurred after the separation, which - makes clear the Supreme Court - can not be opposed to the mother-in-law, who was on loan because the property was used as a family house, if it needs them for urgent and could not be anticipated. Neither the judges of Piazza Cavour gave weight to the argument of costs incurred to settle the property, which it sought reimbursement. Interventions, supported by her former husband, "consistent with the ordinary use of the property that is for the borrower and the position of co-owner." According to the lawyers association
double the ruling would open the way for an avalanche of appeals because it upsets a deep-seated orientation. In fact, however, the Supreme Court in the past followed the same approach with other judgments (among them the No. 13603 of July 21, 2004 and No. 9253 of May 4, 2005).
JUDGEMENT
http://www.ilsole24ore.com/art/norme-e-tributi/2011-03-01/suocera-riprende-casa-assegnata-100647.shtml?uuid=AaPVuWCD
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The low cost health does not lessen the guilt of medical privacy
In healthcare no room for "commercial logic". Of the sick that are harmful and are manifested in the form of smoky 'guidelines' that are then used by hospitals to cover pass delle responsabilità del medico. Non usa mezzi termini la Corte di cassazione con la sentenza n. 8254 del 2 marzo e fa suonare, senza sconti, il richiamo al rispetto del diritto alla salute.
La Corte ha così annullato l'assoluzione di un medico dall'accusa di omicidio colposo di un paziente dimesso, seguendo i criteri delle linee guida adottate dall'ospedale, dopo nove giorni da un intervento cardiaco. È stato così accolto il ricorso della procura di Milano contro l'assoluzione di un medico dell'ospedale civile di Busto Arsizio nel quale un uomo era stato ricoverato per infarto al miocardio. Sottoposto ad angioplastica veniva dimesso dopo nove giorni, perché risultava «asintomatico e stabilizzato». Ma quella stessa notte, the man had a new heart and despite his wife and son were transported immediately to the hospital, there had already arrived in cardiac arrest.
At first instance the doctor who had signed his resignation, he was sentenced to eight months imprisonment and to pay moral damages to the families. On appeal, however, was acquitted "because the offense is not" because he had followed the guidelines on the subject of resignation. Guidelines that are medical protocols that provide for the discharge of the patient when you reach the stabilization of the clinical picture.
In its ruling, the Supreme Court recalls the principles that govern the practice of medicine in compliance with the fundamental right of the sick to be treated and the autonomy of the doctor of that right must be absolute security. The guidelines can not then become an easy alibi. Especially since "nothing is known, however, those" guidelines ", nor the authority from which they come, nor their level of science, nor of the purposes to which they are intended to achieve, nor is it given to know if the same are a 'further guarantee for the patient, or, as seems to understand from reading the judgments in actions, not more than a tool to ensure the economic viability of the management of the hospital. "
Why then this may just be the real critical point: that of a sistema sanitario che deve assicurare il rispetto del diritto alla salute, di evidente rilevanza costituzionale, senza che sia possibile fare prevalere la logica economica magari attraverso direttive discutibili. In ogni caso, poi, per il medico resta più che un margine, un vero e proprio dovere, di opporsi alla compressione dei diritti del malato per ragioni economiche. Altrimenti diventa un ragioniere. Sul rispetto di logiche di tipo mercantile, infatti, avverte la Cassazione, deve prevalere «un comportamento virtuoso del medico che, secondo scienza e coscienza, assuma le decisioni più opportune a tutela della salute del paziente».
Il criterio
- Cassazione penale, sentenza n. 8254 del 2 marzo
D'altra parte, the same health care system, in its overall organization is called upon to ensure compliance with the mentioned principles, so that no one is allowed to precede the economic logic of the logic of protecting public health, nor to issue directives in respect of the first, put in the background needs of the patient. While the doctor, who also responds to a strict code of ethics (...) is not required to comply with those guidelines, if they are in conflict with the demands of patient care, and can not go by feel guilty if he leaves condition, giving up their goals and degrading their own responsibility and their mission in accountancy.
ùhttp: / / www.ilsole24ore.com/art/norme-e-tributi/2011-03-04/sanita-cost-attenua-colpa-064212.shtml?uuid=AaPVlIDD
In healthcare no room for "commercial logic". Of the sick that are harmful and are manifested in the form of smoky 'guidelines' that are then used by hospitals to cover pass delle responsabilità del medico. Non usa mezzi termini la Corte di cassazione con la sentenza n. 8254 del 2 marzo e fa suonare, senza sconti, il richiamo al rispetto del diritto alla salute.
La Corte ha così annullato l'assoluzione di un medico dall'accusa di omicidio colposo di un paziente dimesso, seguendo i criteri delle linee guida adottate dall'ospedale, dopo nove giorni da un intervento cardiaco. È stato così accolto il ricorso della procura di Milano contro l'assoluzione di un medico dell'ospedale civile di Busto Arsizio nel quale un uomo era stato ricoverato per infarto al miocardio. Sottoposto ad angioplastica veniva dimesso dopo nove giorni, perché risultava «asintomatico e stabilizzato». Ma quella stessa notte, the man had a new heart and despite his wife and son were transported immediately to the hospital, there had already arrived in cardiac arrest.
At first instance the doctor who had signed his resignation, he was sentenced to eight months imprisonment and to pay moral damages to the families. On appeal, however, was acquitted "because the offense is not" because he had followed the guidelines on the subject of resignation. Guidelines that are medical protocols that provide for the discharge of the patient when you reach the stabilization of the clinical picture.
In its ruling, the Supreme Court recalls the principles that govern the practice of medicine in compliance with the fundamental right of the sick to be treated and the autonomy of the doctor of that right must be absolute security. The guidelines can not then become an easy alibi. Especially since "nothing is known, however, those" guidelines ", nor the authority from which they come, nor their level of science, nor of the purposes to which they are intended to achieve, nor is it given to know if the same are a 'further guarantee for the patient, or, as seems to understand from reading the judgments in actions, not more than a tool to ensure the economic viability of the management of the hospital. "
Why then this may just be the real critical point: that of a sistema sanitario che deve assicurare il rispetto del diritto alla salute, di evidente rilevanza costituzionale, senza che sia possibile fare prevalere la logica economica magari attraverso direttive discutibili. In ogni caso, poi, per il medico resta più che un margine, un vero e proprio dovere, di opporsi alla compressione dei diritti del malato per ragioni economiche. Altrimenti diventa un ragioniere. Sul rispetto di logiche di tipo mercantile, infatti, avverte la Cassazione, deve prevalere «un comportamento virtuoso del medico che, secondo scienza e coscienza, assuma le decisioni più opportune a tutela della salute del paziente».
Il criterio
- Cassazione penale, sentenza n. 8254 del 2 marzo
D'altra parte, the same health care system, in its overall organization is called upon to ensure compliance with the mentioned principles, so that no one is allowed to precede the economic logic of the logic of protecting public health, nor to issue directives in respect of the first, put in the background needs of the patient. While the doctor, who also responds to a strict code of ethics (...) is not required to comply with those guidelines, if they are in conflict with the demands of patient care, and can not go by feel guilty if he leaves condition, giving up their goals and degrading their own responsibility and their mission in accountancy.
ùhttp: / / www.ilsole24ore.com/art/norme-e-tributi/2011-03-04/sanita-cost-attenua-colpa-064212.shtml?uuid=AaPVlIDD
Jersey City Std Testing
Guarantor: The information contained in the employee's personal computer business are not accessible to the employer Fines work
The data in the computer business, not related to work performance of the employee, are not accessible to the employer but the company has the right to retain the employee's file in order to present as evidence in case they can be ' context of criminal litigation. E 'as it sets the Antitrust Authority for the Protection of Personal Data (Newsletter No 346 of 1 March 2011) on the use of an official who asked his former employer to remove some personal folders on your laptop returned after dismissal. During the investigation, the company said, however, that in this material may have been present evidence of unfair competition by the employee put in place together with other colleagues. The Ombudsman did not accept the request made by the person to clear the data but decided to inhibit the company access to private folders because the processing of personal data unrelated to the work violated the principles of relevant and not excessive under the Privacy Code. The Authority, stating that the privacy rights of workers must be balanced with the ability for companies to protect themselves in any criminal proceedings, however, has recognized the firm was entitled to retain the employee's file so that they could possibly present as evidence in criminal litigation.
http://www.studiocataldi.it/news_giuridiche_asp/news_giuridica_9848.asp
The data in the computer business, not related to work performance of the employee, are not accessible to the employer but the company has the right to retain the employee's file in order to present as evidence in case they can be ' context of criminal litigation. E 'as it sets the Antitrust Authority for the Protection of Personal Data (Newsletter No 346 of 1 March 2011) on the use of an official who asked his former employer to remove some personal folders on your laptop returned after dismissal. During the investigation, the company said, however, that in this material may have been present evidence of unfair competition by the employee put in place together with other colleagues. The Ombudsman did not accept the request made by the person to clear the data but decided to inhibit the company access to private folders because the processing of personal data unrelated to the work violated the principles of relevant and not excessive under the Privacy Code. The Authority, stating that the privacy rights of workers must be balanced with the ability for companies to protect themselves in any criminal proceedings, however, has recognized the firm was entitled to retain the employee's file so that they could possibly present as evidence in criminal litigation.
http://www.studiocataldi.it/news_giuridiche_asp/news_giuridica_9848.asp
Saturday, March 5, 2011
Where Can I Find Ice Skating Party Invitations
The investigations that we can not forget!!
ll of the Red Cross budget is in deficit of fifty million, but the Italian taxpayers that much money in its coffers, up to 160 million euro a year without ever knowing how this money is spent.
Report by Sabrina Giannini's investigation has uncovered previously unpublished documents and testimonies with how it is managed the huge real estate assets held by the Red Cross also highlight the numerous cases of absenteeism.
PART 4 \u200b\u200bhere: click
REPORT 05 12 2010
The cross in red
ll of the Red Cross budget is in deficit of fifty million, but the Italian taxpayers that much money in its coffers, up to 160 million euro a year without ever knowing how this money is spent.
The publication of the last balance sheet viewed from the back court of auditors to 2004. The Italian Red Cross Commissioner is appointed by the Government, in violation of the principles of independence and neutrality governing bodies counterparts in other Western countries
150,000 volunteers are also who devote much of their free time to raising money for the Red Cross and 5,000 employees working between waste and patronage.
Report by Sabrina Giannini's investigation has uncovered previously unpublished documents and testimonies with how it is managed the huge real estate assets held by the Red Cross also highlight the numerous cases of absenteeism.
PART 4 \u200b\u200bhere: click
In the investigation there have been interventions Maurizio Scelli, former Commissioner of the Red Cross (2003 - 2005) at the time of the kidnappings of Italians in Iraq. The former commissioner has found anomalous management of important economic asset
collecting testimonies from many local committees of the Crees in several Italian cities, the investigation revealed that the health care companies make contributions to the Red Cross, who is also Emergency Service 118,
At the economic level, unfortunately, have been found "anomalies" will not return the accounts on the numbers of properties owned entity, and were re-washed quite a few cases of absenteeism for employees Cri
Mrs. Letta, who certainly wanted to make a nice gesture to re knowledge to volunteers ; homage of the Christmas package, we requested an interview, said to us in writing, says "My every action was dictated by a desire to help the Red Cross assisted ...
Friday, March 4, 2011
Two Eagle Scooter Wheels For Sale Au
Savory cheesecakes, gorgonzola, pistachios and spicy marmalade
now I have launched the "Finger food" and today I have experienced these savory cheesecakes for some time made me occhiolino.Ho advantage of the cups transparent " Italian atmosphere" to give them shape and enhance and harmonize the colors and flavors .... I started playing again .... a new and different way to create .... makes me feel good and makes me have fun ...
INGREDIENTS 50g butter 1 packet of cream
60 g gorgonzola
150 g cheese 120 grams of crackers or biscuits
3 sheets of gelatin
pistachios, possibly Bronte
spicy chilli jam (homemade) salt & pepper
Put the gelatine to soak in water with fredda.Triturare mixer biscuits and mix well with butter, left at room temperature, to the base of Cheescake
form another layer with spicy chilli jam
Insert a pretzel or cracker cheesecake to the accompanying figure, or because he makes more .... and you're done!
In red ....
in green ....
and white for the pretzel ..
INGREDIENTS 50g butter 1 packet of cream
60 g gorgonzola
150 g cheese 120 grams of crackers or biscuits
3 sheets of gelatin
pistachios, possibly Bronte
spicy chilli jam (homemade) salt & pepper
Put the gelatine to soak in water with fredda.Triturare mixer biscuits and mix well with butter, left at room temperature, to the base of Cheescake
Melt the blue cheese with the cream on the stove and add sheets of glue strizzati.Lasciare fish well in the fridge for ten minutes, Meanwhile whip the cream and the remaining ricotta, then join the gorgonzola melted and mix well. Season with salt and pepper. Pour a layer of cream on the base in this cup.
... or sprinkle with a layer of pistachio Bronte (thanks my friend for letting me know!)
Insert a pretzel or cracker cheesecake to the accompanying figure, or because he makes more .... and you're done!
In red ....
in green ....
and white for the pretzel ..
(image taken from the web)
Long live the 'united Italy!
Kidde Alarm Wont Stop
unlawful if the blue lines are on the road - Reservoir Dogs ratify Studio Cataldi
LEGITIMUS means 'lawful, legal' and is derived directly from LEX, law. E 'close relative of Linda,' perfectly clear ', which refers to a healthy and authentic, precisely LEGITIMATE. On penalties issued the blue lines, nothing is healthy, authentic, legitimate. It was December 14 '10 and Studio Cataldi was struggling with a mini-series is intended to behave as in the case of fines imposed by the Auxiliary of traffic, the 'vigilance' that supply the daily activities of their blunders, trial pack of nonsense that the minutes draw so indecipherable, on forms, often in silence, incomplete, erroneous and / or outdated, with sometimes paradoxical effects. And one option: to pay! Thus relieving the question of the illegality of the penalty is high if the car park to 'internal roadway. So runs the Highway Code Article 7 c. Dl 6 th April 30 '92, No 285: "The areas for parking must be located outside of the road anyway so that parked vehicles do not impede traffic flow." So if you are in a recess of the platform, that's fine, but if they are no longer on board sidewalk. The matter was taken up by the television service on Feb 23 '11 "Le Iene". The transmission ItaliaUno satirical, therefore, has ratified the thought Studio Cataldi regarding the illegality of the blue lines in the roadway. Motorists who choose to resort to the justice of the peace have a good chance of winning. The only problem remains the damn unified contribution introduced for appeals to the Justice of Peace. Unless we fight hard to its abolition, every consideration has no effect and effectively in our daily lives.
http://www.studiocataldi.it/news_giuridiche_asp/news_giuridica_9825.asp
LEGITIMUS means 'lawful, legal' and is derived directly from LEX, law. E 'close relative of Linda,' perfectly clear ', which refers to a healthy and authentic, precisely LEGITIMATE. On penalties issued the blue lines, nothing is healthy, authentic, legitimate. It was December 14 '10 and Studio Cataldi was struggling with a mini-series is intended to behave as in the case of fines imposed by the Auxiliary of traffic, the 'vigilance' that supply the daily activities of their blunders, trial pack of nonsense that the minutes draw so indecipherable, on forms, often in silence, incomplete, erroneous and / or outdated, with sometimes paradoxical effects. And one option: to pay! Thus relieving the question of the illegality of the penalty is high if the car park to 'internal roadway. So runs the Highway Code Article 7 c. Dl 6 th April 30 '92, No 285: "The areas for parking must be located outside of the road anyway so that parked vehicles do not impede traffic flow." So if you are in a recess of the platform, that's fine, but if they are no longer on board sidewalk. The matter was taken up by the television service on Feb 23 '11 "Le Iene". The transmission ItaliaUno satirical, therefore, has ratified the thought Studio Cataldi regarding the illegality of the blue lines in the roadway. Motorists who choose to resort to the justice of the peace have a good chance of winning. The only problem remains the damn unified contribution introduced for appeals to the Justice of Peace. Unless we fight hard to its abolition, every consideration has no effect and effectively in our daily lives.
http://www.studiocataldi.it/news_giuridiche_asp/news_giuridica_9825.asp
Does Herpes Get On Your Shaft
Supreme Court: it acquitted his wife who has not fulfilled its decision on custody of which he had been informed by telephone only
Measures custody of the children must be formally notified to the interested party and not just a simple telephone information. The clarification comes from the Supreme Court has acquitted during a Christmas holiday. The Court (Sixth Chamber Criminal Judgement n.6987/2011) points out that the woman was aware of the decision only after a phone call of her former husband. The measure, however, had been notified until later. The woman had already been acquitted by the Court of Appeal of Messina, but the husband had rivoltyo to the Supreme Court arguing that the woman had eluded the judge's ruling because he had communicated by telephone changes on access rights of the child. As stated in the sentence "The assumption that the applicant would, by phone, informally announced his estranged wife the new rules determined by civil courts about the formalities' of expectations del figlio minore, non puo' integrare la legale e piena conoscenza delle statuizioni giudiziarie alla cui osservanza [...] era obbligata".
http://www.studiocataldi.it/news_giuridiche_asp/news_giuridica_9847.asp
Measures custody of the children must be formally notified to the interested party and not just a simple telephone information. The clarification comes from the Supreme Court has acquitted during a Christmas holiday. The Court (Sixth Chamber Criminal Judgement n.6987/2011) points out that the woman was aware of the decision only after a phone call of her former husband. The measure, however, had been notified until later. The woman had already been acquitted by the Court of Appeal of Messina, but the husband had rivoltyo to the Supreme Court arguing that the woman had eluded the judge's ruling because he had communicated by telephone changes on access rights of the child. As stated in the sentence "The assumption that the applicant would, by phone, informally announced his estranged wife the new rules determined by civil courts about the formalities' of expectations del figlio minore, non puo' integrare la legale e piena conoscenza delle statuizioni giudiziarie alla cui osservanza [...] era obbligata".
http://www.studiocataldi.it/news_giuridiche_asp/news_giuridica_9847.asp
Wednesday, March 2, 2011
How Long Before You Know If Nystatin Is Working
E 'days over for the mayor resigned Iervolino Loose 31 advisers to the Council. Here comes the Supreme Commissioner
Precipita la situazione a Palazzo San Giacomo per il sindaco Rosa Russo Iervolino. Dopo il sì alla discussione sulla sfiducia, 31 consiglieri hanno firmato la loro lettera di dimissioni presso un notaio. Finisce così la consiliatura della Iervolino.
Toccherà a un commissario portare la città alle elezioni.
Il trentunesimo a firmare è stato Carmine Simeone, ironia della sorte, ex Pd: "Rosetta doveva ascoltare l'aula, fermare i giochi e discutere della sfiducia. Now I resign and if they are the tretunesimo send him home and this came in the last three years have done nothing. "
The day started with the opposition center-right in the City Council of Naples, firm, announces the presentation a motion of no confidence in the mayor which calls an "act of responsibility" for his resignation.
But Rosa Iervolino Russo replies: "I resign" stressing that the censure motion was "an act normal, I do not scare me nor welcomed '.
The center now has the numbers, 31 out of 61 advisers to try to send home the Iervolino little more than two months after the natural expiration of his second term.
The leader of the PDL, Carlo Lamura, stressed that now the administration Iervolino experience "can be considered closed" and calls for "an act of responsibility to the mayor submitted his resignation."
For its part, the Iervolino, the longest-serving mayor in the history of Palazzo San Giacomo, states that to resign now "would be a convenient escape route." "I'm not a coward and I am an honest person and if you have grounds hours the lie, do it - says Iervolino - I would be comfortable to go away because I'm also tired of a style that honors the city, like to hear from pseudoonorevoli as I Laboccetta are attached to the person as Gaddafi. Are compared to a bloodthirsty dictator, there is a limit to everything. "
"If the House vote of no confidence will take place, obey and go away - the Mayor - but after my oath of allegiance to the Constitution, who consider it my duty to remain a last day."
If the motion is filed, it will not be discussed here, as well as provide for the settlement, the first 10 days and no later than 30 days and then would come in the second case, in April. The way forward, then, is that the mass resignation of the directors who have the same effect.
Not all the signatories of the motion, however, are willing to do so and continues pressing on them the political center. «Mi sembra che le dimissioni non le vogliano neanche loro - afferma il sindaco - perchè altrimenti l'avrebbero già fatto in maniera formale».
Determinare lo scioglimento del Consiglio e la conseguente caduta della Giunta porterebbe al commissariamento del Comune, cosa che, secondo Lamura, «consentirebbe di conoscere anche la reale situazione delle casse comunali». «Non vorremmo ritrovarci qui - sottolinea Lamura - con la stessa situazione che il presidente Caldoro ha trovato alla Regione dovuta alla scellerata gestione precedente».
Ma il sindaco non ci sta. Precisa che il Comune di Napoli non ha mai sforato il Patto di stabilità e che la maggioranza di centrosisintra «deve esserne fiera». «Posso ensure that our budget is poor, but clean - replies - There are no holes or turning. The truth is that we have to deal with the cuts of the national government. "
http://www.ilmattino.it/articolo.php?id=140513&sez=CAMPANIA
Precipita la situazione a Palazzo San Giacomo per il sindaco Rosa Russo Iervolino. Dopo il sì alla discussione sulla sfiducia, 31 consiglieri hanno firmato la loro lettera di dimissioni presso un notaio. Finisce così la consiliatura della Iervolino.
Toccherà a un commissario portare la città alle elezioni.
Il trentunesimo a firmare è stato Carmine Simeone, ironia della sorte, ex Pd: "Rosetta doveva ascoltare l'aula, fermare i giochi e discutere della sfiducia. Now I resign and if they are the tretunesimo send him home and this came in the last three years have done nothing. "
The day started with the opposition center-right in the City Council of Naples, firm, announces the presentation a motion of no confidence in the mayor which calls an "act of responsibility" for his resignation.
But Rosa Iervolino Russo replies: "I resign" stressing that the censure motion was "an act normal, I do not scare me nor welcomed '.
The center now has the numbers, 31 out of 61 advisers to try to send home the Iervolino little more than two months after the natural expiration of his second term.
The leader of the PDL, Carlo Lamura, stressed that now the administration Iervolino experience "can be considered closed" and calls for "an act of responsibility to the mayor submitted his resignation."
For its part, the Iervolino, the longest-serving mayor in the history of Palazzo San Giacomo, states that to resign now "would be a convenient escape route." "I'm not a coward and I am an honest person and if you have grounds hours the lie, do it - says Iervolino - I would be comfortable to go away because I'm also tired of a style that honors the city, like to hear from pseudoonorevoli as I Laboccetta are attached to the person as Gaddafi. Are compared to a bloodthirsty dictator, there is a limit to everything. "
"If the House vote of no confidence will take place, obey and go away - the Mayor - but after my oath of allegiance to the Constitution, who consider it my duty to remain a last day."
If the motion is filed, it will not be discussed here, as well as provide for the settlement, the first 10 days and no later than 30 days and then would come in the second case, in April. The way forward, then, is that the mass resignation of the directors who have the same effect.
Not all the signatories of the motion, however, are willing to do so and continues pressing on them the political center. «Mi sembra che le dimissioni non le vogliano neanche loro - afferma il sindaco - perchè altrimenti l'avrebbero già fatto in maniera formale».
Determinare lo scioglimento del Consiglio e la conseguente caduta della Giunta porterebbe al commissariamento del Comune, cosa che, secondo Lamura, «consentirebbe di conoscere anche la reale situazione delle casse comunali». «Non vorremmo ritrovarci qui - sottolinea Lamura - con la stessa situazione che il presidente Caldoro ha trovato alla Regione dovuta alla scellerata gestione precedente».
Ma il sindaco non ci sta. Precisa che il Comune di Napoli non ha mai sforato il Patto di stabilità e che la maggioranza di centrosisintra «deve esserne fiera». «Posso ensure that our budget is poor, but clean - replies - There are no holes or turning. The truth is that we have to deal with the cuts of the national government. "
http://www.ilmattino.it/articolo.php?id=140513&sez=CAMPANIA
Sore Breasts Closed Cervix A Week Before Period
CHILDREN OF A LESSER GOD ... .... RED CROSS
The tri stemente famous Code of Ethics and Conduct of the CRI (Commissarial proud of this administration), has its roots on the sacrosanct principles inspiring .... " honesty and fairness, legality, impartiality and equal treatment , and complete information transparency, proportionality and no abuse of power , proper use of goods and the prevention of conflict of interest and anti-corruption " players that should see the various recipients of the" provisions "contained therein.However, as is customary for this improvident administration, we preach well but Razzola badly ... ....It is irrefutable evidence, what is happening in these days where the Red Cross, working in the humanitarian emergency for the migrants, has established, through an Ordinance Commissarial, adequate, as timely, prompt staff belonging to the Military Corps CRISo far nothing to complain, except that, like other workers (we like to call workers in spite of the uniform jacket or wearing) some, inexplicably, stayed out of these calls.This link is any link, which is a worker, i l T.A.R. Lazio Roma registro sentenze n. 38855/2010, ha riconosciuto il diritto....« a ll’immediato richiamo in servizio del ricorrente medesimo in sostituzione di altra unità degli elenchi menzionati oppure, ove lo ritenga possibile, in aggiunta».Chi della rettitudine fa la propria mission, dovrebbe sapere che le sentenze si applicano sempre e comunque (anche se in questo caso non we are able to last trial).Too often this Administration ignores the ruling and used always and everywhere, with the clear intention of exhausting the workers and make them desist from demanding their rights.But that does not fit all, to quote Giovanni Giolitti, too often for the Red Cross " The law is interpreted to apply to friends and enemies" .For a man of respect for the law itself should be a cornerstone to respect and ensure respect (it's like ask a doctor to perform euthanasia without any rules after the Hippocratic Oath), can not be used in alternating current and for their own use ... .. but you know the political climate in which we live and the CRI, unfortunately, is not immune to this climate.We do not know how much it can withstand some abuse and some harassment; nell'alveo if you live in a delusion of omnipotence, one can not imagine continuing to perpetrate harm to honest and humble workers, with the illusion to escape the view of men and the Law (the one with the capital L).not will be today, not tomorrow, but when it comes will be relentless and will not look at anybody ......
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