worry the photos are of last year but with this cold ...
Monday, August 30, 2010
Strongest Types Of Magnets You Can Buy
The blog is dyed Fall ... will not be too soon? Mediterranean Torta
worry the photos are of last year but with this cold ...
worry the photos are of last year but with this cold ...
Sunday, August 29, 2010
Homer Gets Hit With A Chair Episode
have a right not a sufficient condition for its legitimate exercise. In
Interesting ruling on abuse of the law:
JUDGEMENT OF THE FOLLOWING IN DETAIL:
Court of Cassation, Section Three, May 31, 2010 No 13208
Conduct of case
a writ served September 17, 2002 the City of Termini Imerese intimated to eviction for arrears IGAR. Inc., presenter of a building, with adjoining spa area of \u200b\u200bhis property. According to the landlord, that quoted the same time intimated to the validation, the host society had failed in the payment of rent.
resisted IGAR Ltd., which claimed that the debt claimed by the city of Termini Imerese was extinguished by compensation with the highest credit, referred to the decision of the Court of Appeal of Palermo No 1051 of 1999, it gained against the entity lessor. Indeed, the defendant explained counterclaim for costs and damages from the administration intimante lite daring art. 96 cod. proc. Civ. In a ruling filed on
February 19, 2004 the court declared the termination of the lease for a grave breach of the conductor, dismissing the counterclaim brought by the defendant who was also ordered to pay the sum of € 185,924.48, as a penalty. Proposed by the company
unsuccessful appeal, the Court of Appeals, a ruling filed November 10, 2005, in partial reversal of the decision under appeal, declared inadmissible the application for an order of IGAR Ltd to pay the sum of € 185,924.48, thus eliminating its declaration. Confirmed in the rest of the contested decision.
For present purposes, the following reason for judging its conviction.
judicial compensation, as per art. 1243 cod. Civ. relied upon by the appellant, requires a finding of controcredito by the court before which the compensation is invoked, and can not be based on a claim whose existence depends on the outcome of a separate trial in progress and before its determination is now final. In this case, the controcredito claimed by the appellant was still sub judice, was proposed appeal against the ruling of the Court of Appeal of Palermo who had recognized him, so that lacked the requirement of certainty is necessary for the operation of the legal compensation that of the litigation. Could then have no bearing on the execution by the City, before the eviction, to the verdict, not having some of the Authority decided not to implement the procedures for collection of arrears and fees for the issuance of the building and having coercive rather shown they want to keep separate the two events emerged, one from the restructuring of the Hotel and Spa, the other, the ratio of rental agreement between the City and IGAR
Moreover, in the opinion of the Court, rejected the plea of \u200b\u200bcompensation , tout court remained overwhelmed even more complaints about the seriousness of the failure of the appellant complained that the presenter.
Finally, since the contested decision was reversed only on a marginal point of the dispute, is there any ground for an order for costs of litigation reckless, art. 96 cod. proc. Civ.
against this proposed preliminary appeal, also illustrated by memory, IGAR Hotels and Restaurants Management Company Ltd., making three reasons.
made a counterclaim the town of Termini Imerese, which also proposes conditional cross-appeal. Reasons for Decision
1 should first be prepared, pursuant to art. 335 cod. proc. Civ. the meeting of actions brought by IGAR Ltd. and the City of Termini Imerese against the same sentence.
1.1 grasping its first complaint is why the violation of the principle of correspondence between requested and delivered and Articles. 1241, 1242, 1243 Ref. Civ., failure, inadequate and contradictory reasoning on a decisive issue in the dispute, pursuant to Art. 360, first paragraph, nos. 3, 4 and 5 cod. proc. Civ.
shows the essential content of the treaty on April 10, 1989, documenting two separate contracts: the procurement for the renovation of the spa-hotel, and the rent, on the same property, and noted that the credit it owed the City for work done in the building has been judicially determined with sentence now res judicata, shows that the town of Termini Imerese, in a letter dated September 13, 2002, while contesting the calculation of statutory interest and currency appreciation on amounts paid to this title IGAR spa, however, had indicated its intent to want to give way, in settlement of the remaining debt in question, two money orders, amounting respectively to € 378,234.07 and € 52,563.52, to be issued in the months ahead.
Despite this, 16 September 2002, considering the claim of IGAR illiquid and unreasonable, and therefore not objectionable in compensation, the City Council authorized the Mayor to promote action for eviction for arrears pursuant to art. 658 cod. proc. Civ.
therefore supports the grasping that the court, in denying admission set-off, had applied the principles in terms of judicial compensation, when the company, opposing the claim that the City had already paid off, at least in Coinciding with the intention of that to pay its debt, had objected to legal compensation. The ruling was contested as violating the principle of correspondence between requested and delivered (Cass. civ. March 25, 2004, n. 5947). He also
the Curia wrong in rejecting the plea of \u200b\u200bland compensation on the assumption that failing that, in case, the requirement of certainty that Article. 1243 cod. Civ. demands for compensation for the legal proceedings, without considering that certainty is not necessary prerequisite to the occurrence of the first, since this function only the liquidity and the collectability of debts and credits between them. In any case, the requirement in question had actually taken during the proceedings, having been dismissed in February 4, 2005 the appeal against the ruling of the Court of Appeal of Palermo: in this context since there are more obstacles to the operation of compensation, the application of resolution should be rejected.
deducente also adds that the Court of Appeal, emphasizing the desire of the Town of distinguishing between the two legal proceedings, one concerning the compensation due to IGAR for restructuring, and the other the relationship between the City and rent the same IGAR, had violated the provisions of Articles. 1241, 1242 and 1243 cod. Civ., and the general principles in Matters of compensation, since that extinguishes the debt by two days of their coexistence, regardless of the wishes of the parties.
1.2 The complaints are unfounded, although the grounds of appeal should, in certain passages, to be supplemented and corrected, art. 384 cod. proc. civ ..
Pacific that the institution of judicial compensation, as per art. 1243, paragraph 2, no. proc. Civ., requires a finding of controcredito by the court before which the same compensation is invoked, and can not be based on a claim whose existence depends on the outcome of a separate trial in progress and before its determination is become final (Cass. civ. May 25, 2004, No. 10055; Cass. Civ. May 13, 2002, No 6820), the applicant entrusts the attack on the court resolving the choice of the following, consequential reliefs: a) compensation contended in court was the legal one, not the courts, b) the certainty is not required by law as a condition of legal compensation, c) also opine otherwise, the requirement certainty has occurred during the proceedings; d) since the compensation pay off legal debts from two days of their coexistence (art. 1242 cod. civ.), the application for termination for non-payment was rejected in each case.
1.3 A rebuttal of these criticisms the Board notes the following.
dell'impugnante Contrary to the assumption, the requirement of certainty is, so to speak, consubstantial with the institution of legal compensation. It is nothing short of obvious that it can not operate in reverse if the claim is disputed compensation in the amount or existence, as it excludes the objection that if the liquidity of credit the law requires that the compensation law occurs, such a requirement, along with those of homogeneity and enforceability of each other debit and credit items (confr. Cass. October 18, 2002, No. 14818).
Coming to the present case, the slope of proceedings concerning the claim of IGAR against the City of Termini Imerese, in the clear while explaining a trial court's approach, which has seen fit to call, to that extent, the principles that govern the institution of judicial compensation, requires believing that it was properly denied the operation of the legal compensation despite the intention the City to pay the sum capacity by the Court of Appeal of Palermo. And indeed that determination, taken against a court order temporarily executive and then, so to speak, needed, did not exclude the will of the entity to insist on disputing claims of the party, so much so that the appeal already filed against delivery of local Curia, was not at all given up.
shareability It follows that the criticisms made by the applicant to enhance the willingness of the entity to keep separate the conflicting situations and Mirror payable and receivable (definitely improper enhancement, compared the principle that the compensation work regardless of any agreement reached between the parties and without known how the borrowers as recited art. 1285 of the Civil Code of 1865), does not help because all'impugnante not detract from the estate of the impact on the operation of the compensation of the persistent complaints of the debt claimed by the tenant.
1.4 Is it an actual requirement of certainty that was achieved during the proceedings, having been dismissed by a sentence no 2273 of 4 February 2005, proposed by the territorial appeal against the decision of the Court of Appeal of Palermo.
And then the first observation that arises is the fact that the res judicata of the sentence to pay to the City of IGAR the claim that is opposite in compensation, and the related question of the impact of such a ruling on the assessment of the failure of the conductor are not processed in any way in the decision contested and supplement, therefore, a new issue. Place then the grounds of appeal must invest under penalty of inadmissibility issues already included in decidendum thema of the appeal proceedings and that it is precluded from bringing of complaints that its earlier approach, put the foundation of applications and licenses several exceptions or introducing, however, cross-evidence-based reconstructive really new and different from those attached in the previous phases of the proceedings, the applicant had the burden, remained completely unnoticed, to attach the deduction occurred before the trial court made such a subtle problem, along with, for the principle of self-sufficiency appeal, which act in the proceedings before him had done, in order to enable the Court to visually check the veracity of this assertion (confr. Cass. Civ. sect. lav. July 28, 2008, No. 20518; Cass. civ . 1, 31 August 2007, No. 18440).
Neither is true, as claimed by the applicant (page 20 of application), which the Court of Appeal has decided in constant dispute on the credit side. A closer look In fact, the case was taken by it in a collegial decision of October 28, 2005 hearing where the hearing to discuss the appeal had already been celebrated on 28 October 2004 and the decision published on 4 February of the following with number 2273. Rather, the relief, contained in the preliminary appeal, so the question of controcredito boasted by today 's appeal is still sub judice because the appeal is not defined (...) shows that it was not brought to the attention of the judging panel.
1.5 is not superfluous to add, for the ideas, which will go away to take the examination of the second half, the central legal issue placed by the applicant - the cost of clearing the legal requirements of which are completed in the course of proceedings for any infringement on the resolution that originated on the question - could hardly be answered in the absence of an accurate reconstruction of the time when have gradually arisen items receivable hinc et inde boasted, detection is essential in order to establish the day, the two debts have come to coexist, it has produced the story extinctive.
The first ground of appeal must ultimately be rejected. 2.1
its second half, the plaintiff alleges violation of Articles. 112 cod. proc. Civ., 1175 and 1375 cod. Civ. and the general principle of good faith, omitted or insufficient motivation to a decisive issue of the case, art. 360, first paragraph, nos. 3, 4 and 5 cod. proc. Civ.
notes, quoting verbatim the content of the appeal (pages 7 and 9), which in the appeal was particularly stressed that the Municipality, failing to retain the sums paid to IGAR what kind due to license fees location, had breached its obligation to act fairly and in good faith.
Despite this, the judging panel had ruled nothing about, so the vice of non-delivery. He reviewed the highlights of the story that is the case, and relied on the concept of abuse the right, grasping the back stress that the conduct of the City of Termini Imerese - whose debt, however, far outperform the extent of the claim that it owed by IGAR for lease - it was absolutely contrary to good faith , it is clearly designed to determine the default of the tenant to ask for non-payment after the eviction (confr. Cass. No 20399 of 2004).
2.2 The criticisms are well founded.
The Territorial Court, the outcome of a widespread exposure of the complaints made by the appellant at the point of gravity of the alleged infringement to the driver, dismissed the appeal on grounds of considering them in terms purely assertive, absorbed by the rejection of set-off.
There is thus evidence of merely apparent justification, which fails to acknowledge, despite the stresses dell'impugnante, the undeniable characteristics of the relationship between the parties on the development, if not allowed to exclude outright breach of contract conductor, called for timely checks on its severity, in a regulatory framework in which to consolidate living law, the assessment must be made in the same way and objective parameters related to the overall economy of the report, and subjective criteria relating to behavior of both parties and the possible innocence their conduct (confr. Cass. Civ., February 18, 2008, n. 3954).
In particular, the trial court could evade the assessment of the conduct of the landlord in terms of fairness and good faith, it is indisputable that the failure to deduct the fees claimed by IGAR although the amounts credited by the city, was the necessary step for the next eviction for arrears, which occurred with a very peculiar sense of timing, all the more so that non-compensation, however, specifically opposed by the other party, forced the institution to which payments well could have avoided if he had not had the clear intent - of which will be scrutinized correspondence to an interest worthy of protection under the laws - to crystallize and render irreversible the failure of the conductor.
2.3 apply with regard to the fact that to established teaching jurisprudence, the principle of objective good faith, in the sense of mutual loyalty conduct of the parties, must accompany the contract in all its phases, from training to those of interpretation and running (confr. Cass. Civ. June 11, 2008, No. 15476; Cass. Civ. September 18, 2009, No. 20106), resulting in, an inescapable corollary, the banning of each party to exercise rights to the other that derive from law or contract to achieve a purpose other than that these rights are preordained (confr. Cass. Civ. October 16, 2003, No. 15482) and the duty to act, even at the stage of the pathology report, so as to preserve as much as possible the interests of counterparty, and therefore, first of all, the interest in conservation of the constraint.
Moreover, the absence of a provision in our code that sanctions, as a general abuse of the law - which is the real critical point of judicial responses solicited from time to time on the point - did not prevent, in a careful case- the subject positions in suffering, to sanction the illegal so-called brutal interruption of the claim, namely the withdrawal of a bank by a ratio of credit all the time in which, although permitted by agreement, it bears connotations of arbitrariness (confr. Cass. Civ. February 21, 2003, No. 2642, Cass. Civ. October 16, 2003, No 15 482 cit.) or to strike with disability affected by the shareholders' resolution ultra vires of the majority, as adopted for the sole benefit of itself and to the detriment of minority shareholders (confr. Cass. Civ. June 11, 2003 , No. 27387), so far as to envisage, in contracting, in the name of the inescapable duty of solidarity in art. 2 of the Constitution, a trade union - in effect amending or supplementary - status negotiations (confr. Cass. Civ. sect. a. November 15, 2007, No 23726; Cass. Civ. April 20, 1994, No 3775; Cass. Civ. September 24, 1999, No 10511; Cass. Civ., sec. a., September 13, 2005, No 18,128) and a review of the reasonableness of individual clauses in terms of balancing the conflicting interests of paciscenti (confr. Cass. Civ. September 18, 2009, No. 20106).
2.4 With particular regard to the problems underlying the present case, the Board believes that the appreciation of the unfairness of the conduct of the party seeking the termination for default despite having other ways to protect their interests, can not but have an impact on to the extent of it, that abuse creditor of the benefit is the interface. In fact it seems not doubt that the finding of pretext for the conduct of the actor in resolution is resolved in the recognition of minor infringement, having regard to the interest of, an interest, that is, that could be preserved without resorting to half extreme ablation of the bond.
inemendabile The lack of argument on such appeal the ruling, a subtle problem with profiles of the dispute, the subject of specific complaints remained essentially unanswered, requires the acceptance of the second ground of appeal.
The decision should therefore be quashed, in relation to the plea accepted with reference to the trial judge who will assess whether the conditions for the resolution of the lease, applying the principles first set and taking into account deductions dell'impugnante abusive behavior of the counterpart and the overall context of relations between the parties .
Welcoming the second reason, however, remain absorbed in the third, to urge condemnation of The damages for vexatious litigation pursuant to Art. 96 cod. proc. Civ. and the only reason for the conditional cross-appeal brought by the city of Termini Imerese, in order to enforce the inadmissibility of the appeal.
PQM
The Court meets appeals. Rejects the first plea of \u200b\u200bthe main action, accepts the second, third and absorbed the appeal. Cash appeal the ruling in relation to the plea accepted and also refers to the costs of these proceedings to the Court of Appeal of Palermo in a different formation. 
Interesting ruling on abuse of the law:
Civil Appeal No 13208/2010
The Supreme Court has returned to the theme of 'abuse of rights : This is one of the most intriguing principles of civil law, would apply to a several key cases in compensatory rights and obligations of the parties when one of them is at a disadvantage.
HERE IS AN EXTRACT OF JUDGEMENT:
"... For established teaching jurisprudence, the principle of objective good faith, in the sense of mutual loyalty conduct of the parties, must accompany the contract in all its phases, from training to those in the interpretation and implementation (confr. Cass. Civ. June 11, 2008, No. 15476; Cass. Civ. September 18, 2009, No. 20106), resulting in, an inescapable corollary , ban, each party to the other to exercise the rights under law or contract to carry out a purpose other than that which these rights are preordained (confr. Cass. Civ. October 16, 2003, No. 15482) and the duty to act, even at the stage of the pathology report, so as to preserve as much as possible the interests of the party, and then first of all, the interest in the preservation of the bond .
Court of Cassation, Section Three, May 31, 2010 No 13208
Conduct of case
a writ served September 17, 2002 the City of Termini Imerese intimated to eviction for arrears IGAR. Inc., presenter of a building, with adjoining spa area of \u200b\u200bhis property. According to the landlord, that quoted the same time intimated to the validation, the host society had failed in the payment of rent.
resisted IGAR Ltd., which claimed that the debt claimed by the city of Termini Imerese was extinguished by compensation with the highest credit, referred to the decision of the Court of Appeal of Palermo No 1051 of 1999, it gained against the entity lessor. Indeed, the defendant explained counterclaim for costs and damages from the administration intimante lite daring art. 96 cod. proc. Civ. In a ruling filed on
February 19, 2004 the court declared the termination of the lease for a grave breach of the conductor, dismissing the counterclaim brought by the defendant who was also ordered to pay the sum of € 185,924.48, as a penalty. Proposed by the company
unsuccessful appeal, the Court of Appeals, a ruling filed November 10, 2005, in partial reversal of the decision under appeal, declared inadmissible the application for an order of IGAR Ltd to pay the sum of € 185,924.48, thus eliminating its declaration. Confirmed in the rest of the contested decision.
For present purposes, the following reason for judging its conviction.
judicial compensation, as per art. 1243 cod. Civ. relied upon by the appellant, requires a finding of controcredito by the court before which the compensation is invoked, and can not be based on a claim whose existence depends on the outcome of a separate trial in progress and before its determination is now final. In this case, the controcredito claimed by the appellant was still sub judice, was proposed appeal against the ruling of the Court of Appeal of Palermo who had recognized him, so that lacked the requirement of certainty is necessary for the operation of the legal compensation that of the litigation. Could then have no bearing on the execution by the City, before the eviction, to the verdict, not having some of the Authority decided not to implement the procedures for collection of arrears and fees for the issuance of the building and having coercive rather shown they want to keep separate the two events emerged, one from the restructuring of the Hotel and Spa, the other, the ratio of rental agreement between the City and IGAR
Moreover, in the opinion of the Court, rejected the plea of \u200b\u200bcompensation , tout court remained overwhelmed even more complaints about the seriousness of the failure of the appellant complained that the presenter.
Finally, since the contested decision was reversed only on a marginal point of the dispute, is there any ground for an order for costs of litigation reckless, art. 96 cod. proc. Civ.
against this proposed preliminary appeal, also illustrated by memory, IGAR Hotels and Restaurants Management Company Ltd., making three reasons.
made a counterclaim the town of Termini Imerese, which also proposes conditional cross-appeal. Reasons for Decision
1 should first be prepared, pursuant to art. 335 cod. proc. Civ. the meeting of actions brought by IGAR Ltd. and the City of Termini Imerese against the same sentence.
1.1 grasping its first complaint is why the violation of the principle of correspondence between requested and delivered and Articles. 1241, 1242, 1243 Ref. Civ., failure, inadequate and contradictory reasoning on a decisive issue in the dispute, pursuant to Art. 360, first paragraph, nos. 3, 4 and 5 cod. proc. Civ.
shows the essential content of the treaty on April 10, 1989, documenting two separate contracts: the procurement for the renovation of the spa-hotel, and the rent, on the same property, and noted that the credit it owed the City for work done in the building has been judicially determined with sentence now res judicata, shows that the town of Termini Imerese, in a letter dated September 13, 2002, while contesting the calculation of statutory interest and currency appreciation on amounts paid to this title IGAR spa, however, had indicated its intent to want to give way, in settlement of the remaining debt in question, two money orders, amounting respectively to € 378,234.07 and € 52,563.52, to be issued in the months ahead.
Despite this, 16 September 2002, considering the claim of IGAR illiquid and unreasonable, and therefore not objectionable in compensation, the City Council authorized the Mayor to promote action for eviction for arrears pursuant to art. 658 cod. proc. Civ.
therefore supports the grasping that the court, in denying admission set-off, had applied the principles in terms of judicial compensation, when the company, opposing the claim that the City had already paid off, at least in Coinciding with the intention of that to pay its debt, had objected to legal compensation. The ruling was contested as violating the principle of correspondence between requested and delivered (Cass. civ. March 25, 2004, n. 5947). He also
the Curia wrong in rejecting the plea of \u200b\u200bland compensation on the assumption that failing that, in case, the requirement of certainty that Article. 1243 cod. Civ. demands for compensation for the legal proceedings, without considering that certainty is not necessary prerequisite to the occurrence of the first, since this function only the liquidity and the collectability of debts and credits between them. In any case, the requirement in question had actually taken during the proceedings, having been dismissed in February 4, 2005 the appeal against the ruling of the Court of Appeal of Palermo: in this context since there are more obstacles to the operation of compensation, the application of resolution should be rejected.
deducente also adds that the Court of Appeal, emphasizing the desire of the Town of distinguishing between the two legal proceedings, one concerning the compensation due to IGAR for restructuring, and the other the relationship between the City and rent the same IGAR, had violated the provisions of Articles. 1241, 1242 and 1243 cod. Civ., and the general principles in Matters of compensation, since that extinguishes the debt by two days of their coexistence, regardless of the wishes of the parties.
1.2 The complaints are unfounded, although the grounds of appeal should, in certain passages, to be supplemented and corrected, art. 384 cod. proc. civ ..
Pacific that the institution of judicial compensation, as per art. 1243, paragraph 2, no. proc. Civ., requires a finding of controcredito by the court before which the same compensation is invoked, and can not be based on a claim whose existence depends on the outcome of a separate trial in progress and before its determination is become final (Cass. civ. May 25, 2004, No. 10055; Cass. Civ. May 13, 2002, No 6820), the applicant entrusts the attack on the court resolving the choice of the following, consequential reliefs: a) compensation contended in court was the legal one, not the courts, b) the certainty is not required by law as a condition of legal compensation, c) also opine otherwise, the requirement certainty has occurred during the proceedings; d) since the compensation pay off legal debts from two days of their coexistence (art. 1242 cod. civ.), the application for termination for non-payment was rejected in each case.
1.3 A rebuttal of these criticisms the Board notes the following.
dell'impugnante Contrary to the assumption, the requirement of certainty is, so to speak, consubstantial with the institution of legal compensation. It is nothing short of obvious that it can not operate in reverse if the claim is disputed compensation in the amount or existence, as it excludes the objection that if the liquidity of credit the law requires that the compensation law occurs, such a requirement, along with those of homogeneity and enforceability of each other debit and credit items (confr. Cass. October 18, 2002, No. 14818).
Coming to the present case, the slope of proceedings concerning the claim of IGAR against the City of Termini Imerese, in the clear while explaining a trial court's approach, which has seen fit to call, to that extent, the principles that govern the institution of judicial compensation, requires believing that it was properly denied the operation of the legal compensation despite the intention the City to pay the sum capacity by the Court of Appeal of Palermo. And indeed that determination, taken against a court order temporarily executive and then, so to speak, needed, did not exclude the will of the entity to insist on disputing claims of the party, so much so that the appeal already filed against delivery of local Curia, was not at all given up.
shareability It follows that the criticisms made by the applicant to enhance the willingness of the entity to keep separate the conflicting situations and Mirror payable and receivable (definitely improper enhancement, compared the principle that the compensation work regardless of any agreement reached between the parties and without known how the borrowers as recited art. 1285 of the Civil Code of 1865), does not help because all'impugnante not detract from the estate of the impact on the operation of the compensation of the persistent complaints of the debt claimed by the tenant.
1.4 Is it an actual requirement of certainty that was achieved during the proceedings, having been dismissed by a sentence no 2273 of 4 February 2005, proposed by the territorial appeal against the decision of the Court of Appeal of Palermo.
And then the first observation that arises is the fact that the res judicata of the sentence to pay to the City of IGAR the claim that is opposite in compensation, and the related question of the impact of such a ruling on the assessment of the failure of the conductor are not processed in any way in the decision contested and supplement, therefore, a new issue. Place then the grounds of appeal must invest under penalty of inadmissibility issues already included in decidendum thema of the appeal proceedings and that it is precluded from bringing of complaints that its earlier approach, put the foundation of applications and licenses several exceptions or introducing, however, cross-evidence-based reconstructive really new and different from those attached in the previous phases of the proceedings, the applicant had the burden, remained completely unnoticed, to attach the deduction occurred before the trial court made such a subtle problem, along with, for the principle of self-sufficiency appeal, which act in the proceedings before him had done, in order to enable the Court to visually check the veracity of this assertion (confr. Cass. Civ. sect. lav. July 28, 2008, No. 20518; Cass. civ . 1, 31 August 2007, No. 18440).
Neither is true, as claimed by the applicant (page 20 of application), which the Court of Appeal has decided in constant dispute on the credit side. A closer look In fact, the case was taken by it in a collegial decision of October 28, 2005 hearing where the hearing to discuss the appeal had already been celebrated on 28 October 2004 and the decision published on 4 February of the following with number 2273. Rather, the relief, contained in the preliminary appeal, so the question of controcredito boasted by today 's appeal is still sub judice because the appeal is not defined (...) shows that it was not brought to the attention of the judging panel.
1.5 is not superfluous to add, for the ideas, which will go away to take the examination of the second half, the central legal issue placed by the applicant - the cost of clearing the legal requirements of which are completed in the course of proceedings for any infringement on the resolution that originated on the question - could hardly be answered in the absence of an accurate reconstruction of the time when have gradually arisen items receivable hinc et inde boasted, detection is essential in order to establish the day, the two debts have come to coexist, it has produced the story extinctive.
The first ground of appeal must ultimately be rejected. 2.1
its second half, the plaintiff alleges violation of Articles. 112 cod. proc. Civ., 1175 and 1375 cod. Civ. and the general principle of good faith, omitted or insufficient motivation to a decisive issue of the case, art. 360, first paragraph, nos. 3, 4 and 5 cod. proc. Civ.
notes, quoting verbatim the content of the appeal (pages 7 and 9), which in the appeal was particularly stressed that the Municipality, failing to retain the sums paid to IGAR what kind due to license fees location, had breached its obligation to act fairly and in good faith.
Despite this, the judging panel had ruled nothing about, so the vice of non-delivery. He reviewed the highlights of the story that is the case, and relied on the concept of abuse the right, grasping the back stress that the conduct of the City of Termini Imerese - whose debt, however, far outperform the extent of the claim that it owed by IGAR for lease - it was absolutely contrary to good faith , it is clearly designed to determine the default of the tenant to ask for non-payment after the eviction (confr. Cass. No 20399 of 2004).
2.2 The criticisms are well founded.
The Territorial Court, the outcome of a widespread exposure of the complaints made by the appellant at the point of gravity of the alleged infringement to the driver, dismissed the appeal on grounds of considering them in terms purely assertive, absorbed by the rejection of set-off.
There is thus evidence of merely apparent justification, which fails to acknowledge, despite the stresses dell'impugnante, the undeniable characteristics of the relationship between the parties on the development, if not allowed to exclude outright breach of contract conductor, called for timely checks on its severity, in a regulatory framework in which to consolidate living law, the assessment must be made in the same way and objective parameters related to the overall economy of the report, and subjective criteria relating to behavior of both parties and the possible innocence their conduct (confr. Cass. Civ., February 18, 2008, n. 3954).
In particular, the trial court could evade the assessment of the conduct of the landlord in terms of fairness and good faith, it is indisputable that the failure to deduct the fees claimed by IGAR although the amounts credited by the city, was the necessary step for the next eviction for arrears, which occurred with a very peculiar sense of timing, all the more so that non-compensation, however, specifically opposed by the other party, forced the institution to which payments well could have avoided if he had not had the clear intent - of which will be scrutinized correspondence to an interest worthy of protection under the laws - to crystallize and render irreversible the failure of the conductor.
2.3 apply with regard to the fact that to established teaching jurisprudence, the principle of objective good faith, in the sense of mutual loyalty conduct of the parties, must accompany the contract in all its phases, from training to those of interpretation and running (confr. Cass. Civ. June 11, 2008, No. 15476; Cass. Civ. September 18, 2009, No. 20106), resulting in, an inescapable corollary, the banning of each party to exercise rights to the other that derive from law or contract to achieve a purpose other than that these rights are preordained (confr. Cass. Civ. October 16, 2003, No. 15482) and the duty to act, even at the stage of the pathology report, so as to preserve as much as possible the interests of counterparty, and therefore, first of all, the interest in conservation of the constraint.
Moreover, the absence of a provision in our code that sanctions, as a general abuse of the law - which is the real critical point of judicial responses solicited from time to time on the point - did not prevent, in a careful case- the subject positions in suffering, to sanction the illegal so-called brutal interruption of the claim, namely the withdrawal of a bank by a ratio of credit all the time in which, although permitted by agreement, it bears connotations of arbitrariness (confr. Cass. Civ. February 21, 2003, No. 2642, Cass. Civ. October 16, 2003, No 15 482 cit.) or to strike with disability affected by the shareholders' resolution ultra vires of the majority, as adopted for the sole benefit of itself and to the detriment of minority shareholders (confr. Cass. Civ. June 11, 2003 , No. 27387), so far as to envisage, in contracting, in the name of the inescapable duty of solidarity in art. 2 of the Constitution, a trade union - in effect amending or supplementary - status negotiations (confr. Cass. Civ. sect. a. November 15, 2007, No 23726; Cass. Civ. April 20, 1994, No 3775; Cass. Civ. September 24, 1999, No 10511; Cass. Civ., sec. a., September 13, 2005, No 18,128) and a review of the reasonableness of individual clauses in terms of balancing the conflicting interests of paciscenti (confr. Cass. Civ. September 18, 2009, No. 20106).
2.4 With particular regard to the problems underlying the present case, the Board believes that the appreciation of the unfairness of the conduct of the party seeking the termination for default despite having other ways to protect their interests, can not but have an impact on to the extent of it, that abuse creditor of the benefit is the interface. In fact it seems not doubt that the finding of pretext for the conduct of the actor in resolution is resolved in the recognition of minor infringement, having regard to the interest of, an interest, that is, that could be preserved without resorting to half extreme ablation of the bond.
inemendabile The lack of argument on such appeal the ruling, a subtle problem with profiles of the dispute, the subject of specific complaints remained essentially unanswered, requires the acceptance of the second ground of appeal.
The decision should therefore be quashed, in relation to the plea accepted with reference to the trial judge who will assess whether the conditions for the resolution of the lease, applying the principles first set and taking into account deductions dell'impugnante abusive behavior of the counterpart and the overall context of relations between the parties .
Welcoming the second reason, however, remain absorbed in the third, to urge condemnation of The damages for vexatious litigation pursuant to Art. 96 cod. proc. Civ. and the only reason for the conditional cross-appeal brought by the city of Termini Imerese, in order to enforce the inadmissibility of the appeal.
PQM
The Court meets appeals. Rejects the first plea of \u200b\u200bthe main action, accepts the second, third and absorbed the appeal. Cash appeal the ruling in relation to the plea accepted and also refers to the costs of these proceedings to the Court of Appeal of Palermo in a different formation.
Saturday, August 28, 2010
Bmx Colors Bike Painting
damages thanatological also must compute mental suffering! APPLICATIONS INFORMATION
Supreme Court civil 8360/2010
In thanatological cd damage must be taken into account when quantifying the amount due as compensation for moral damage, including mental distress suffered by the victim of physical injury to such is followed shortly after the death, which has been polished during the agony, awaiting the end in conscious, yes to avoid the lack of protection given by the case law that denies the legitimacy of compensation for the loss of biological life. (Supreme Court Civil Sec. III, 08/04/2010, No. 8360)
Here is the full text of the Judgement.
Supreme Civil Sec. III 04/08/2010 No 8360
The Conduct of the process (omitted) died in (omitted) the farmer TG, due to an electric shock that struck him while he was working on a walnut tree. The leaves of the tree, located below the power line, had increased, reaching to touch the power lines.
The death was not immediate, but came after about half an hour while the victim was astride a branch, unable to move due to dell'elettrolocuzione, though asking help, no one was allowed to intervene.
In criminal trials following the accident were not responsible the owner of the land, PG, and the clerk of ENEL, in charge of what goes on the power line, SA.
The criminal sentence of condemnation issued by the Magistrate of Nocera Inferiore and become final, following the dismissal of the appeal and the appeal to the Supreme Court, he charged to those responsible for the payment of a provisional L. 80 million, in financial damage, biological and moral.
RMP, TMF and TA, respectively widow and daughters of John Todisco, brought to the District Court of Nocera Inferiore claim for damages against the P., S. and ENEL SpA. ENEL and S. were made to withstand the questions, while P. remained in default.
With No Judgement 1098/2002. The Civil Court granted the applications Nocera Inferiore plaintiffs and ordered the defendants, in solidarity with each other, to pay a total of Euro 60,456.45, as compensation for pecuniary damage (already deducted from that sum the amount of rent made by 'INAIL) Euro 100,000.00 in total compensation of non-pecuniary damage (of which 50% for the wife and 25% each for the two daughters), and € 90,000.00 in damages biological as well as currency appreciation, to the interests and costs.
appealed from the main Campania SpA Enel Distribuzione and incidental to PV and PL, as heirs of PG, have formed the injured, who have challenged the locus standi of Enel Distribuzione SpA, having been cited in the first instance ' Enel SpA, we still should be dismissed.
It is also the S., which will endorse the pleas of Enel.
Heirs P. asked, by the cross-appeal, to be performed by each application to have renounced the legacy of his father. With
ruling September 16, 2004 - March 15, 2005 No. 184 the Court of Appeal of Salerno, in partial reform of the decision under appeal, has reduced the sum paid in compensation for damage to property and denied damages biological haereditario jure, to the fact that death was almost immediate.
a writ served April 28, 2006 the R. - T. propose seven grounds of appeal, illustrated by memory.
Resists Enel Distribuzione with defense. Reasons for Decision
1. - With the first and second plea, the applicants allege violation of Articles. 99, 100 and 101 of the CPC, not to have the Court of Appeal recognized the inadmissibility of the appeal for lack of standing and for lack of locus standi of the appellant, Enel Distribuzione Spa Campania, having been the first instance in the case brought against the spa Enel and the ruling of the Court ruled against that company. 2 .- The reasons are unfounded.
It is true that the summons was served in the first instance to Enel SpA, headquartered in (omitted).
On that site, however, the defendant was created as Enel SpA - Distribution Campania, Centre of Naples (omitted), the latter area that was not included as a society separate and independent of Enel SpA, but as a simple compartment thereof.
against the entity so established in respect of which the current applicants did not raise any objection, was given the sentence of First Instance The appeal has yet been proposed by Enel SpA - Distribution Campania, Centre of Naples (omitted), which also appears as a mere field organizational entity and not as an independent company and is distinct from Enel SpA.
E 'to exclude, then, that the notice of appeal was brought by an entity other than the companies that participated in the first instance. It was only whether the Enel was ritually in court by the said compartment, and in particular whether the attorneys had been given (for both sets of proceedings, not only for the appeal), subject to the holder of power of attorney.
On these issues, the applicants have not alleged and proven here to have raised any objection, in value judgments, particularly on appeal, where in the latter have only (and wrongly) argued that the appeal had been lodged by companies different from what had been convicted at first instance, and then, as stated above, the administrative center of the bell was still an independent company.
In any case, notes The defendant in its defense that the authorization of the Director of Distribution Campania is to be considered valid under art. Enel 14 of the Statute, approved by Presidential Decree 21 December 1965, n. 1720, which gives to the directors of the compartment, within the territorial area and for the affairs of their jurisdiction, the representation of the case of active and passive entity, including as regards the filing of appeals. (See also, on the theme, Cass. Civ. Sec. 1 ^, 19 November 1993 No 11441, Cass. Civ. 20 December 2007 No 26977).
Only in this court of Cassation has established a spa Enel Distribuzione, as distinct from and independent company Enel SpA, established pursuant to Legislative Decree no. March 16, 1999, No 79, Art. 13, paragraph 2, so that the defense was actually filed by someone other than the one that took part in the judgments.
The attorneys at the bottom to the defense, however, the company specifies that Article. 13 cit., Ordered his succession in particular all the assets and legal relationships already belonging to ENEL, activity distribution and sale of electricity in the Campania region (similar to what has been prepared for other areas of distribution.)
The defendant company is therefore entitled to contradict the purposes of Article. 111 Code, uc.
3 .- Equally unfounded is the third ground of appeal, the appellant alleges infringement of Article. 75 Code, for the fact that the person named as representative on appeal Enel Distribuzione, ing. PV is different from that stated at the first instance, ing. IG, although the Enel invoked in the appeal to the authorization of the defender with the appearance of formal first degree.
Indeed, the representation of the case entity with the power to give the attorneys are inherent to the position of Director compartment, and it is sufficient that this position is covered when the authorization is given.
If the first instance the powers Defence has been given for the appeal proceedings by the party at that time was entitled to grant, any, imminent termination from office is irrelevant.
4. - By its fourth plea, the applicants complain of a breach of Article. 2909 cc, Art. 324 Civil Code, Art. Cpp 538 and 539, as the contested decision - denying them the right to compensation for damage to biological hereditary title - has rejected a ruling already covered by judges, and in particular the decision of the magistrate's criminal Nocera Inferiore, which he attributed to the parties civilians by way of a provisional sum, explicitly mentioning the right to compensation of damaged biological and rejecting the irrisarcibilità exception of that loss, with specific reasons.
recalls the jurisprudence of this Court that, if the criminal court did not limit himself to rule on the potential harm of the fact charged but is satisfied and ruled on the existence of damage in concrete terms, the decision has the effect of res judicata (Cass . Civ. Sec. 3 ^, 9 July 2009 No 16113).
4.1 .- The reason is not well founded.
The sentence pronounced res judicata is binding on the civil court in respect of the establishment of the facts, not what the reviews and legal descriptions pertaining to the civil effects of pronunciation, what are those pertaining to the identification of the harmful consequences that could give rise to situations of compensable damage.
The Court of Cassation n. 16113/2009, cited by the applicants in support of their argument, in fact refers to a case in which they were involved in criminal investigations carried out in practice the existence of damage and the existence of a causal link between the wrongful act and damage incurred.
In this case, the criminal sentence is invoked as judged in that carried out the reasons why it considered compensable in favor of the heirs also the damage suffered by the victim for the loss of life, that is merely a part of argument, that therefore not binding on the court calendar.
5 .- The sixth and seventh plea, the applicants complain of failure to state reasons and violation of Articles. 2043, 2056, 2059, 1223 and 1226 cc, in so far as the Court of Appeal denied the right to achieve jure haereditario biological damages suffered by the deceased as a result of the accident. The applicants complain
the interpretation of the Court of Appeal, that - if the death occurs immediately or shortly afterwards damaging event - the lesion is not hitting the right to health, but the right to life, which last can not be attributed to any repair, if it is lacking, with the death of the person who should suffer the loss, and seek a revised in accordance with the jurisprudence of this Court.
6 .- The reasons are well founded, under the following terms.
Firstly, it is noted that the desired revision of the jurisprudence of this Court on this issue there has been, in later than the date on which the decision under appeal was issued, through a more precise legal systems and concepts of the concept of non-pecuniary damage and the consequences of compensation on this basis (see Cass. Civ. ON November 11, 2008 No. 26972 and No. 26973).
The Supreme Court on the one hand has brought back the damages payable under the classification established by the legislature bipolar sums it all up in two categories of damage capital and non-pecuniary damage, indicating that the distinctions drawn by the doctrine and practice between biological damage, damage to death, existential damage, etc, are merely descriptive, the other side pointed out that, when making the quantification and the clearance voice of the only "non-pecuniary damage, the court must take into account all the aspects mentioned above. If
therefore must be avoided duplication of damages, through the award of separate and different amounts depending on the different voices (moral suffering, damage to health, cosmetic damage, etc.), the non-pecuniary damage must still be fully compensated in cases in which the law admits the repair in the sense that the judge in settling the amount due the injured person should take account of different aspects in which the damage poses in this case. As for the cd
thanatological damage, must be considered when quantifying the amount due as compensation for moral damage, "even the mental suffering endured by victims of personal injury which is followed shortly after the death, which has been polished during the agony of waiting in conscious end ";........ ".... so as to avoid the lack of protection given by the case law that denies the legitimacy .... damages for the loss of biological of life "(Cass. on No. 26972/2008, cit., 4.9; Cass. Civ. SU No. 26973/2006, 2.14).
The court must customize the liquidation of that sum due as compensation for moral damage, taking into account the cd thanatological, where the affected so specific and reasoned request and the circumstances of the case justify their relevance.
In this case the Court of Appeal, in contrast with the above principles, has totally denied the complainants for compensation, by inheritance, for moral damage suffered by the victim, because of the severe suffering that preceded death.
The sum paid in compensation for moral damage is quantified in fact only with respect to the remuneration payable to the survivors for their moral damages suffered jure, due to the loss of the parental relationship.
7 .- The fifth ground of appeal, the appellants complain that the cross appeal of the heirs P. should be declared inadmissible for lack of capacity to be sued by the same, as they had renounced the legacy, it is inadmissible for lack of interest, since the Court of Appeal ordered precisely in this sense, the explanatory memorandum (see page. 6, third row of the above).
8 .- In upholding the sixth and seventh grounds of appeal the decision under appeal must be quashed, only the chapter on the non-payment of the amounts claimed as compensation for the damage suffered by the deceased (erroneously referred to as biological damage) and as no need for further findings of fact, the cause may be decided on its merits.
The claim for moral damages suffered by the victim in the time preceding the death, today's proposal by the applicants in hereditary title, must be upheld on the basis of the arguments and the different classification of the above (see Cass. Civ. Sec. 3 ^, 28 November 2008 No 28423, Cass. Civ. Sec. 3 ^, 30 September 2009 No. 20949; Cass. Civ. Sec. 3 ^, 19 January 2010 No 702), and the sums already paid by the Court of Appeal in financial damage suffered by the applicants and non-property right jure, must be added a sum in compensation for moral damage, their due "haereditario jure", a sum which is considered to quantify the same amount of Euro 90,000.00, already dismissed by the Court as biological damage.
remain firm for the other heads of the judgment, including those relating to the right of the damaged currency appreciation and statutory interest on the sums paid; appreciation and interest on the amount that it is also settled here, with the date of the sentence of First Instance.
intimates should be ordered to pay the costs of the appeal, as well as to pay the costs of these proceedings, as well as paid by the device. PQM
The Court of Supreme welcomes the sixth and seventh grounds of appeal and reject the other grounds.
case contested the ruling in relation to the grounds and met and decided on the merits, condemned the SA and Enel SpA, in solidarity with each other, to pay the applicants, in addition to the amounts determined by the decision under appeal by way of compensation for property damage and non-property, the total sum of € 90,000.00 in compensation for non-pecuniary damage suffered by the deceased, in addition to adjustment for inflation and statutory interest on the amount reviewed annually, with the date of the sentence at first instance.
Condemns SA and Enel SpA, in solidarity with each other, to pay the costs of the proceedings appeal, overall liquidity in Euro 7,500.00, of which € 500.00 for disbursements, Euro 2.000,00 for rights attorney and Euro 5,000.00 for attorney's fees, and payment of the costs of appeal, paid by total of € 6,200.00, of which Euro 200.00 and Euro 6,000.00 for disbursements for fees. In both cases, plus the reimbursement of overhead costs and accessories, security and tax law.
Decided in Rome, February 22, 2010.
Filed April 8, 2010 in Stationery 
Supreme Court civil 8360/2010
In thanatological cd damage must be taken into account when quantifying the amount due as compensation for moral damage, including mental distress suffered by the victim of physical injury to such is followed shortly after the death, which has been polished during the agony, awaiting the end in conscious, yes to avoid the lack of protection given by the case law that denies the legitimacy of compensation for the loss of biological life. (Supreme Court Civil Sec. III, 08/04/2010, No. 8360)
Here is the full text of the Judgement.
Supreme Civil Sec. III 04/08/2010 No 8360
The Conduct of the process (omitted) died in (omitted) the farmer TG, due to an electric shock that struck him while he was working on a walnut tree. The leaves of the tree, located below the power line, had increased, reaching to touch the power lines.
The death was not immediate, but came after about half an hour while the victim was astride a branch, unable to move due to dell'elettrolocuzione, though asking help, no one was allowed to intervene.
In criminal trials following the accident were not responsible the owner of the land, PG, and the clerk of ENEL, in charge of what goes on the power line, SA.
The criminal sentence of condemnation issued by the Magistrate of Nocera Inferiore and become final, following the dismissal of the appeal and the appeal to the Supreme Court, he charged to those responsible for the payment of a provisional L. 80 million, in financial damage, biological and moral.
RMP, TMF and TA, respectively widow and daughters of John Todisco, brought to the District Court of Nocera Inferiore claim for damages against the P., S. and ENEL SpA. ENEL and S. were made to withstand the questions, while P. remained in default.
With No Judgement 1098/2002. The Civil Court granted the applications Nocera Inferiore plaintiffs and ordered the defendants, in solidarity with each other, to pay a total of Euro 60,456.45, as compensation for pecuniary damage (already deducted from that sum the amount of rent made by 'INAIL) Euro 100,000.00 in total compensation of non-pecuniary damage (of which 50% for the wife and 25% each for the two daughters), and € 90,000.00 in damages biological as well as currency appreciation, to the interests and costs.
appealed from the main Campania SpA Enel Distribuzione and incidental to PV and PL, as heirs of PG, have formed the injured, who have challenged the locus standi of Enel Distribuzione SpA, having been cited in the first instance ' Enel SpA, we still should be dismissed.
It is also the S., which will endorse the pleas of Enel.
Heirs P. asked, by the cross-appeal, to be performed by each application to have renounced the legacy of his father. With
ruling September 16, 2004 - March 15, 2005 No. 184 the Court of Appeal of Salerno, in partial reform of the decision under appeal, has reduced the sum paid in compensation for damage to property and denied damages biological haereditario jure, to the fact that death was almost immediate.
a writ served April 28, 2006 the R. - T. propose seven grounds of appeal, illustrated by memory.
Resists Enel Distribuzione with defense. Reasons for Decision
1. - With the first and second plea, the applicants allege violation of Articles. 99, 100 and 101 of the CPC, not to have the Court of Appeal recognized the inadmissibility of the appeal for lack of standing and for lack of locus standi of the appellant, Enel Distribuzione Spa Campania, having been the first instance in the case brought against the spa Enel and the ruling of the Court ruled against that company. 2 .- The reasons are unfounded.
It is true that the summons was served in the first instance to Enel SpA, headquartered in (omitted).
On that site, however, the defendant was created as Enel SpA - Distribution Campania, Centre of Naples (omitted), the latter area that was not included as a society separate and independent of Enel SpA, but as a simple compartment thereof.
against the entity so established in respect of which the current applicants did not raise any objection, was given the sentence of First Instance The appeal has yet been proposed by Enel SpA - Distribution Campania, Centre of Naples (omitted), which also appears as a mere field organizational entity and not as an independent company and is distinct from Enel SpA.
E 'to exclude, then, that the notice of appeal was brought by an entity other than the companies that participated in the first instance. It was only whether the Enel was ritually in court by the said compartment, and in particular whether the attorneys had been given (for both sets of proceedings, not only for the appeal), subject to the holder of power of attorney.
On these issues, the applicants have not alleged and proven here to have raised any objection, in value judgments, particularly on appeal, where in the latter have only (and wrongly) argued that the appeal had been lodged by companies different from what had been convicted at first instance, and then, as stated above, the administrative center of the bell was still an independent company.
In any case, notes The defendant in its defense that the authorization of the Director of Distribution Campania is to be considered valid under art. Enel 14 of the Statute, approved by Presidential Decree 21 December 1965, n. 1720, which gives to the directors of the compartment, within the territorial area and for the affairs of their jurisdiction, the representation of the case of active and passive entity, including as regards the filing of appeals. (See also, on the theme, Cass. Civ. Sec. 1 ^, 19 November 1993 No 11441, Cass. Civ. 20 December 2007 No 26977).
Only in this court of Cassation has established a spa Enel Distribuzione, as distinct from and independent company Enel SpA, established pursuant to Legislative Decree no. March 16, 1999, No 79, Art. 13, paragraph 2, so that the defense was actually filed by someone other than the one that took part in the judgments.
The attorneys at the bottom to the defense, however, the company specifies that Article. 13 cit., Ordered his succession in particular all the assets and legal relationships already belonging to ENEL, activity distribution and sale of electricity in the Campania region (similar to what has been prepared for other areas of distribution.)
The defendant company is therefore entitled to contradict the purposes of Article. 111 Code, uc.
3 .- Equally unfounded is the third ground of appeal, the appellant alleges infringement of Article. 75 Code, for the fact that the person named as representative on appeal Enel Distribuzione, ing. PV is different from that stated at the first instance, ing. IG, although the Enel invoked in the appeal to the authorization of the defender with the appearance of formal first degree.
Indeed, the representation of the case entity with the power to give the attorneys are inherent to the position of Director compartment, and it is sufficient that this position is covered when the authorization is given.
If the first instance the powers Defence has been given for the appeal proceedings by the party at that time was entitled to grant, any, imminent termination from office is irrelevant.
4. - By its fourth plea, the applicants complain of a breach of Article. 2909 cc, Art. 324 Civil Code, Art. Cpp 538 and 539, as the contested decision - denying them the right to compensation for damage to biological hereditary title - has rejected a ruling already covered by judges, and in particular the decision of the magistrate's criminal Nocera Inferiore, which he attributed to the parties civilians by way of a provisional sum, explicitly mentioning the right to compensation of damaged biological and rejecting the irrisarcibilità exception of that loss, with specific reasons.
recalls the jurisprudence of this Court that, if the criminal court did not limit himself to rule on the potential harm of the fact charged but is satisfied and ruled on the existence of damage in concrete terms, the decision has the effect of res judicata (Cass . Civ. Sec. 3 ^, 9 July 2009 No 16113).
4.1 .- The reason is not well founded.
The sentence pronounced res judicata is binding on the civil court in respect of the establishment of the facts, not what the reviews and legal descriptions pertaining to the civil effects of pronunciation, what are those pertaining to the identification of the harmful consequences that could give rise to situations of compensable damage.
The Court of Cassation n. 16113/2009, cited by the applicants in support of their argument, in fact refers to a case in which they were involved in criminal investigations carried out in practice the existence of damage and the existence of a causal link between the wrongful act and damage incurred.
In this case, the criminal sentence is invoked as judged in that carried out the reasons why it considered compensable in favor of the heirs also the damage suffered by the victim for the loss of life, that is merely a part of argument, that therefore not binding on the court calendar.
5 .- The sixth and seventh plea, the applicants complain of failure to state reasons and violation of Articles. 2043, 2056, 2059, 1223 and 1226 cc, in so far as the Court of Appeal denied the right to achieve jure haereditario biological damages suffered by the deceased as a result of the accident. The applicants complain
the interpretation of the Court of Appeal, that - if the death occurs immediately or shortly afterwards damaging event - the lesion is not hitting the right to health, but the right to life, which last can not be attributed to any repair, if it is lacking, with the death of the person who should suffer the loss, and seek a revised in accordance with the jurisprudence of this Court.
6 .- The reasons are well founded, under the following terms.
Firstly, it is noted that the desired revision of the jurisprudence of this Court on this issue there has been, in later than the date on which the decision under appeal was issued, through a more precise legal systems and concepts of the concept of non-pecuniary damage and the consequences of compensation on this basis (see Cass. Civ. ON November 11, 2008 No. 26972 and No. 26973).
The Supreme Court on the one hand has brought back the damages payable under the classification established by the legislature bipolar sums it all up in two categories of damage capital and non-pecuniary damage, indicating that the distinctions drawn by the doctrine and practice between biological damage, damage to death, existential damage, etc, are merely descriptive, the other side pointed out that, when making the quantification and the clearance voice of the only "non-pecuniary damage, the court must take into account all the aspects mentioned above. If
therefore must be avoided duplication of damages, through the award of separate and different amounts depending on the different voices (moral suffering, damage to health, cosmetic damage, etc.), the non-pecuniary damage must still be fully compensated in cases in which the law admits the repair in the sense that the judge in settling the amount due the injured person should take account of different aspects in which the damage poses in this case. As for the cd
thanatological damage, must be considered when quantifying the amount due as compensation for moral damage, "even the mental suffering endured by victims of personal injury which is followed shortly after the death, which has been polished during the agony of waiting in conscious end ";........ ".... so as to avoid the lack of protection given by the case law that denies the legitimacy .... damages for the loss of biological of life "(Cass. on No. 26972/2008, cit., 4.9; Cass. Civ. SU No. 26973/2006, 2.14).
The court must customize the liquidation of that sum due as compensation for moral damage, taking into account the cd thanatological, where the affected so specific and reasoned request and the circumstances of the case justify their relevance.
In this case the Court of Appeal, in contrast with the above principles, has totally denied the complainants for compensation, by inheritance, for moral damage suffered by the victim, because of the severe suffering that preceded death.
The sum paid in compensation for moral damage is quantified in fact only with respect to the remuneration payable to the survivors for their moral damages suffered jure, due to the loss of the parental relationship.
7 .- The fifth ground of appeal, the appellants complain that the cross appeal of the heirs P. should be declared inadmissible for lack of capacity to be sued by the same, as they had renounced the legacy, it is inadmissible for lack of interest, since the Court of Appeal ordered precisely in this sense, the explanatory memorandum (see page. 6, third row of the above).
8 .- In upholding the sixth and seventh grounds of appeal the decision under appeal must be quashed, only the chapter on the non-payment of the amounts claimed as compensation for the damage suffered by the deceased (erroneously referred to as biological damage) and as no need for further findings of fact, the cause may be decided on its merits.
The claim for moral damages suffered by the victim in the time preceding the death, today's proposal by the applicants in hereditary title, must be upheld on the basis of the arguments and the different classification of the above (see Cass. Civ. Sec. 3 ^, 28 November 2008 No 28423, Cass. Civ. Sec. 3 ^, 30 September 2009 No. 20949; Cass. Civ. Sec. 3 ^, 19 January 2010 No 702), and the sums already paid by the Court of Appeal in financial damage suffered by the applicants and non-property right jure, must be added a sum in compensation for moral damage, their due "haereditario jure", a sum which is considered to quantify the same amount of Euro 90,000.00, already dismissed by the Court as biological damage.
remain firm for the other heads of the judgment, including those relating to the right of the damaged currency appreciation and statutory interest on the sums paid; appreciation and interest on the amount that it is also settled here, with the date of the sentence of First Instance.
intimates should be ordered to pay the costs of the appeal, as well as to pay the costs of these proceedings, as well as paid by the device. PQM
The Court of Supreme welcomes the sixth and seventh grounds of appeal and reject the other grounds.
case contested the ruling in relation to the grounds and met and decided on the merits, condemned the SA and Enel SpA, in solidarity with each other, to pay the applicants, in addition to the amounts determined by the decision under appeal by way of compensation for property damage and non-property, the total sum of € 90,000.00 in compensation for non-pecuniary damage suffered by the deceased, in addition to adjustment for inflation and statutory interest on the amount reviewed annually, with the date of the sentence at first instance.
Condemns SA and Enel SpA, in solidarity with each other, to pay the costs of the proceedings appeal, overall liquidity in Euro 7,500.00, of which € 500.00 for disbursements, Euro 2.000,00 for rights attorney and Euro 5,000.00 for attorney's fees, and payment of the costs of appeal, paid by total of € 6,200.00, of which Euro 200.00 and Euro 6,000.00 for disbursements for fees. In both cases, plus the reimbursement of overhead costs and accessories, security and tax law.
Decided in Rome, February 22, 2010.
Filed April 8, 2010 in Stationery
Mobile South Park Stream Free
All right, summer is ending, but it's just one more reason to enjoy its fruits until the end ... and this pie contains many: the fragrant basil, only to sniff you think of the sun, the garden tomatoes and zucchini (not mine unfortunately), small miracles of nature, the colorful red onions, the olives and dried herbs ...
Ingredients for the dough: 150 gr
of
whole wheat flour 50 g wheat flour
4 tablespoons extra virgin
salt water as needed
Ingredients for filling:
two tablespoons homemade pesto (see here )
zucchini
a two ripe tomatoes red onion
olives and oregano dried thyme oil
extra virgin olive oil salt pepper
Prepare the dough by combining the two flour, salt and oil and roll into crumbs (seasoned to be much!), then add a little water to form a homogeneous but very large ball (like a pastry crust with olive oil instead of butter?).
Then prepare the vegetables cut into slices thin enough, stir and let stand for 5-10 minutes seasoned with olive oil, salt and pepper (this will go a little 'tomato water).
Oleare a baking sheet and stretch the dough, then spread a couple of tablespoons of pesto, place the vegetables, olives, thyme and oregano.
Bake at 200 degrees for half an hour. Very good even cold.
Saturday, August 14, 2010
Bumps In Mouth During Ovulation
Four Quarters peaches
A classic, the Fourth Quarter ... same weight of eggs, flour, sugar and butter ... math ... and very tasty:)
To make it more summer-but-certainly not the lightest I've added whipped cream and peach scented, kept in the fridge and eating beautiful fresh ...
Ingredients Four Quarters: 4 eggs
same weight of eggs
same weight of butter eggs sugar
same egg weight
flour 1 / 2 packet of yeast 1 pinch of salt
Ingredients of filling:
200 ml fresh cream 2 tablespoons sugar 2 peaches
a drop of lemon juice with the butter
sugar until creamy, add eggs one by one, then the sifted flour and baking powder and salt. Pour into a mold (I used to be a silicone cake) and bake at 180 degrees for 45 minutes.
Cool completely, while whipping cream with a spoonful of sugar and thinly slice the peaches, place them in a bowl with the remaining sugar and the lemon juice, leave to marinate in the refrigerator.
Once cold, cut longitudinally for four quarters twice and fill with whipped cream and peaches.
Let it "settles" in the fridge for at least a couple of hours. 
A classic, the Fourth Quarter ... same weight of eggs, flour, sugar and butter ... math ... and very tasty:)
To make it more summer-but-certainly not the lightest I've added whipped cream and peach scented, kept in the fridge and eating beautiful fresh ...
Ingredients Four Quarters: 4 eggs
same weight of eggs
same weight of butter eggs sugar
same egg weight
flour 1 / 2 packet of yeast 1 pinch of salt
Ingredients of filling:
200 ml fresh cream 2 tablespoons sugar 2 peaches
a drop of lemon juice with the butter
sugar until creamy, add eggs one by one, then the sifted flour and baking powder and salt. Pour into a mold (I used to be a silicone cake) and bake at 180 degrees for 45 minutes.
Cool completely, while whipping cream with a spoonful of sugar and thinly slice the peaches, place them in a bowl with the remaining sugar and the lemon juice, leave to marinate in the refrigerator.
Once cold, cut longitudinally for four quarters twice and fill with whipped cream and peaches.
Let it "settles" in the fridge for at least a couple of hours.
Wednesday, August 4, 2010
Basic Wire Diagram Vw Sand Rail
Thai rice salad with Pesto Torta
Groundhog slowly-so slowly even for the truth-in Sautee, turning out, mess ... this rice a backlog, even when there was little time to experiment but still had to eat:) The rice salad you save not one but several meals, do it, put it in the fridge, and voila!
Ingredients: Rice Thai
zucchini carrots frozen peas
olives red onion in oil
Caciottina
fresh basil, fresh parsley
extra virgin olive oil salt pepper
pesto (basil, extra virgin olive oil, Parmesan, pine nuts, salt)
Cut the onion into rings and fry in olive oil, add the carrots and zucchini and diced still frozen peas, salt and pepper, to leave the crunchy vegetables, cook the rice while "absorption" and dice the Caciottina. Season the rice with oil do not attack and wait for it to cool, so the vegetables. When all ingredients are cold put them together in a bowl with basil and parsley and olives. When papparsela add some 'pesto. 
Groundhog slowly-so slowly even for the truth-in Sautee, turning out, mess ... this rice a backlog, even when there was little time to experiment but still had to eat:) The rice salad you save not one but several meals, do it, put it in the fridge, and voila!
Ingredients: Rice Thai
zucchini carrots frozen peas
olives red onion in oil
Caciottina
fresh basil, fresh parsley
extra virgin olive oil salt pepper
pesto (basil, extra virgin olive oil, Parmesan, pine nuts, salt)
Cut the onion into rings and fry in olive oil, add the carrots and zucchini and diced still frozen peas, salt and pepper, to leave the crunchy vegetables, cook the rice while "absorption" and dice the Caciottina. Season the rice with oil do not attack and wait for it to cool, so the vegetables. When all ingredients are cold put them together in a bowl with basil and parsley and olives. When papparsela add some 'pesto.
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