Taylor Yogurt Machine Advantage

Integra crime of extortion prospects for salary reduction under threat of dismissal

Supreme Court Criminal Division VI

of 08.31.2010, No 32525

E 'create the offense of extortion where the employer threatens to dismiss an employee who does not accept a salary lower than that specified in the pay packet.

The Supreme Court stated that the threat, as a constitutive element of the crime of extortion, will not necessarily be attributed to the prospect of irreparable harm to persons or property which would prevent the victim to make a free choice, it is sufficient that, in view of specific circumstances where the conduct is put in place, this is still likely to give rise to the fear of suffering actual harm.

Chinese Women Camel Toe

At the edge of the CTU divileto exploratory

Civil Cassation Chamber I, 14 April 2010, No 8962

The CTU does not is a means test, but half assessment of the evidence already obtained in the process. T
However, under the guidance of the Supreme Court - reiterated most recently by the decision under review - to consider it an objective source test when situations are the subject of fact made only on the basis of specific technical skills.

When a finding of particular sets of circumstances can only be performed with the aid of special technical knowledge "... derogation is allowed even at the limit of the prohibition to carry out exploratory investigations ... being, in this case allowed the CTU also obtain the information necessary to answer the questions, although not resulting from documents produced by the parties, provided that it is made accessories and falling within the strict technical advice, and not of facts and situations, being placed directly on the basis of the claim or the exceptions of the parties, must also be tested by the same "

(.... and so, when it comes to technical matters not otherwise occur, the burden of proof in a charge ends up being reduced to mere allegation)

BELOW THE FULL JUDGEMENT

Cass . Civ. Sec. I, 14.04.2010, No 8962

Conduct of case

With the decision under appeal the Court of Appeal Cagliari, Sassari sub-office, ruling in the court by the Supreme Court, reiterated the rejection of the claim for damages brought by SA against PA.

apparent from the contested decision that a private agreement with the (omitted) Ltd was acquired by PA SOIES srl eight thousand shares of the par value of one thousand Pounds each, pledging to pay an additional ten million lire as a consideration of previous administrative tasks performed by the seller.

in turn became manager of the company, however, found SA had debts L. 38,496,767 concealed by the seller, which, moreover, had wrongly placed in Bonds change movement delivered to the obligation on the additional compensation.

SA PA had therefore sued for damages.

His application was rejected in both grades.

But the Supreme Court, on application by the plaintiff, had overturned the decision on appeal, noting that failure to appeal the writing of the transfer of shares not precluded the claim for damages under art. 1440 cc and absorbed by declaring a plea on costs. With the ruling

hour appeal to the Supreme Judge of the court held that the complaint regarding the regulation of costs had been abandoned in because it does not revived, and in reiterating the rejection of the application, found that SA has failed to prove the basis of his claim, why did not document which had been the representation of the balance sheet of the company at the time of purchase of the shares nor the owner who claims to have subsequently discovered. So that is not even eligible for a technical expert accountant, who could not make up for a lack of evidence, and relied on oral testimony by the plaintiff concerns irrelevant.

appeal against a sentence now apply for judicial SA and proposes four grounds of appeal. He did not explain PA's defenses.

Reasons for Decision

1. The first reason, the applicant alleges infringement of art. 112, 116 and 384 CCP, art. 1321 et seq., 1362 and 1383 ff cc, with the second flaw in the reasoning to the facts relevant to the application of the rules violated. He claimed to have tried already with the documents enclosed with the summons, the amount of debt hidden by PA, then also confirmed by witness statements, which indicated nell'Inail largest creditor. It complains that the allegations made in regard to the decision of First Instance of the referring courts have not pronounced.

adds that however one can not charge the lack of a formal statement of liabilities at the time of sale, defined on the basis of a notebook drawn from a fist-PA. E 'with the rough draft that the judges of the merits were to compare the documents produced in court by the plaintiff, because the balance sheet is drawn up precisely on the basis of accounting documents.

The third reason, the applicant alleges violation of Articles. 61 and 244 CCP, claiming the erroneous denial of both the accounting advice and the evidence of witnesses.

claimed to have proven the facts on which was carried out accounting advice, having produced both a balance sheet prepared by PA and compare it in the records. He added that the accounting advice, however, also could be allocated to the acquisition of a trial, and that further information the consultant would have been acquired through oral testimony erroneously denied.

The fourth reason, the applicant alleges infringement of art. 91 and 384 of the CPC, erroneously claiming that the national courts have considered the complaint regarding the regulation waived the costs. Censorship, however, his order for costs.

2. Are reasonable and absorbing the first three grounds of appeal, in so far as criticizing the non-acceptance of the consultancy firm. Not v 'is no doubt, in fact, that "no provision of expert witness by the court, which is alleged to be necessary, is censured by the seat of legitimacy in terms of lack of reasoning, where the advice is aimed to relieve the party from the burden of proof required for exploratory research of the facts, circumstances or unproven "(Court of Cassation, sez. 1, July 5, 2007, No. 15219, M 598314) .

However, when the party requests an accounting advice on the basis of document production, the court may not qualify as exploration without consulting the documentation produced to show that it would still be irrelevant. nature has in fact-finding consultation aimed at finding facts, circumstances or evidence not tested by the party who submits (Court of Cassation, sez. 1, July 5, 2007, No. 15219, 598 314 m). And according to the jurisprudence of this court is permitted to waive the limit even inherent in the prohibition to perform exploratory investigations, "when the finding of particular sets of circumstances can only be performed with the help of special technical knowledge, as in this case allowed the CTU also obtain the information necessary to answer the questions, although the resulting from documents produced by the parties, provided that it is made accessories and falling within the strict technical advice, and not of facts and situations, being placed directly on the basis of the claim or the exceptions of the parties, must also be tested by themselves "(Court of Cassation, sez. 3, 14 February 2006, No. 3191, 590 615 m).

In this case however the judges of the merits have been limited failure to detect the production of the company's balance sheet at the time of sale of shares and, subsequently, the discovery of hidden debt, without considering the drafting of a position is technical operation, which requires special expertise in the analysis and coordination of accounting documents.

The sentence should therefore be quashed by appeal court, as a result of the unjustified refusal of admission accounting advice requested by the plaintiff.

It absorbed the plea of \u200b\u200bthe costs.

PQM

The Court, accepting the first three grounds of appeal, absorbed the quarter, cash and also refers to the sentence appeal for the costs to the Court of Appeal of Cagliari in a different formation.

How Long Can Water Retention

exception of improper filling of paper signed in black with the exception of unauthorized filling.

Civil Cassation, Sec. III, 1 September 2010, No 18989

who dispute the contents of a writing, stating that it has signed a blank sheet, you must submit a complaint of false only complain when the sheet has been filled total absence of any agreed ("no deal"). The use of the complaint are not necessary if the subscriber intends to support the sheet was filled in the sense not in accordance with the agreements reached ( against pacts ").

The principle affirmed by the Supreme Court, however, the subscriber's burden to prove:
- that the sheet had been filled by the shareholders in a manner different ( ... the mismatch between the declared and what is intended it to be stated)
- or bring action for fraud where wished to argue that the sheet had been filled in the absence of any agreement on its content.
(In this regard: Cass. Civ. Nn.2524/2006, 5245/2006, 6167/2009).

Here is the text of the judgment




Court of Cassation, sez. III CIVIL - Judgement of September 1, 2010, n.18989 - Pres Varrone - east. Chiarini

Conduct of case

With mention of the 1989 John D., as owner of the agency I. , Agreed to the Court of Catania Ada P. and Eugene R. and Mary M. Nunzia claiming that he had acted as intermediary on their behalf for the sale of a building, finished in October 1988 and that the parties were obliged to pay a commission of 3%, thus called for the condemnation of either party to pay him 4 million and five hundred pounds, more than accessories.
The defendants objected to the question: P. claimed that it had sold the property through advertisement in the newspaper except intermediaries ", and Mr and Mrs R. and M. relied on that in another visit to the apartment I. they did release a totally blank sheet signed and filled without any agreement between the parties.
The question was admissible only against R. and M. since the Court, recognizing its use of IRE. , Condemning them to an equitable pay one million pounds.
By June 7, 2005 ruling of the Court of Appeal of Catania, in favor of the appeal cross-spouse R. , Excluded the purchase of the apartment had been done by them due to the activity carried out by the ego. since he had signed a white card from it, where, between the apartments visited, there was at issue, and not being trusted the testimony of M., an official of I. , Uncertain and confused and contradicted by other texts, so that there was no evidence that the information upon subscription by the spouses R. - M. had been completed in terms resulting from the final content. It occurs to the Supreme
D. , In quality, which resist the M. and Joseph, and Simon R. , As heirs of the father in Eugene. Domiciliary declared by them to the death of the defender of them, the case was postponed today's hearing to allow him to appoint another.

Reasons for Decision

1. - In its first plea, the appellant alleges: "Violation and misapplication of rules of law. Failure, insufficient or contradictory reasoning as a decisive issue in the dispute (Art. 360 nn. Cpc 3:05 in reference to Arts. 1754 et seq. Cc). The fact that the heads
M. did visit the property in question to the spouses R. is not denied, but it is irrelevant that the keys were filed with the electrician P.
The reason, to obtain a different assessment of the findings of fact, it is unacceptable.
2. - The second alleges: "Violation and misapplication of rules of law. Failure, insufficient or contradictory reasoning as a decisive issue in the dispute (Art. 360 nn. Cpc 3:05 in reference to Arts. 1173 et seq. Cc).
Signing with which the R. is obliged to pay 3% of the sale price of the contract released from mediation and is a mandatory report with which he, with the purchase of a property listed in the template, obliged to pay that sum to be paid at the inception of the respective Act. Censorship is unacceptable
why not related to the ratio decidendi, as evidenced in the narrative, that there was no evidence that the card is signed by R. had been completed in terms resulting from the final content.
3. - The third plea alleges: "Violation and misapplication of rules of law. Failure, insufficient or contradictory reasoning as a decisive issue in the dispute (Art. 360 nn. Cpc 3:05 in reference to Arts. 214 et seq. Cpc and 221 et seq. Cpc). Since the
R. admitted signing the card was his burden to prove that it had been illegally filled proposing action for fraud and only in case of positive proof of this appeal, the Court could not take account of the document, while it considered false ex officio.
The reason is founded in reason.
reiterated that in case of signing the document in white who dispute the content of writing is not required to propose action for fraud if it is assumed that the filling has occurred "absque pactis" (Cass. 18059/2007) because in this case, the document leaves the sphere of control of the viewer the complete and final, so that the interpolation of the text invests the way to be objective of the act, so as to achieve a real material falsity, which excludes the origin of the document by the subscriber - should also be emphasized that he who, recognizing that it has signed the document, complains of his filling it deviates from the fixed price, has the burden of proving its objection to improper filling of "double pacta" and then sent to the default scribendum or non-correspondence between the declared and what it was intended to be declared (Cass. 2524/2006, 6167/2009) because they can not be excluded from the document by its subscribers, through filling these long ago just prior expressive result produced by formula to be adopted by the filler (Cass. 5245 / 2006).
Therefore the decision under appeal, in affirming that has not been achieved proof of the contents of the document at the time of its signing, has violated this principle because, at that time established that the document was blank, it was for the R. evidence that had been filled against pacta, or propose action for fraud when compiled absque pactis.
Therefore, the complaint must be accepted.
4. - The fourth plea alleges: "Violation and misapplication of rules of law. Failure, insufficient or contradictory reasoning as a decisive issue in the dispute (Art. 360 nn. Cpc 3:05 in reference to art. 91 CCP). "
The reason is absorbed from accepting the plea above.
conclude the sentence is quashed on appeal report upheld the plea and the case sent back for reconsideration in light of the principles first recalled. The national court will also provide for payment of the costs, the costs of the court of cassation.

PQM

The Court welcomes the third ground of appeal and reject the others, in connection with the ground of cash and returns, including for the costs of appeal, the Court of Appeal of Catania, another composition.
Deposited in Court Registry on 01.09.2010

Mcqueen Skull Scarf Man How To Wear

Another cake that smells and colors of autumn, taken from The Encyclopedia of Italian cuisine de La Repubblica .

Ingredients:

200 grams of flour 80 grams of hazelnuts

5 tablespoons of coffee
70 g butter 2 eggs


100g caster sugar 1 teaspoon baking powder 1 teaspoon
lemon bio

Add the flour and baking powder into a bowl, then sugar, hazelnuts, toasted and finely chopped, 50 grams of soft butter, the eggs, lemon peel and coffee.
Mix everything together with a wooden spoon until obtain a homogeneous mixture. If necessary add a little 'coffee.
Grease a pan with the remaining butter and flour (or use a silicone pan), then pour in the mixture, sprinkle the surface with the chopped nuts and bake at 200 degrees for 30 minutes.

Considerations: buonabuona, soft, but I will next time we take off the lemon zest (that what?), Prevails too much on coffee, which should be expressed, or very strong .

Son Smelling Mothers Feet

Cass. Civ. Sec. II, May 5, 2010, No 10,855

not fall within the legal regime of community bonds and deposits in bank accounts purchased by a spouse before marriage, with personal property, and then reinvested in wedlock. In this case examination of Supreme Court lacked, in the negotiations, the declaration pursuant to Art. 179 lett.f) CC (on the personal nature of the property used for the purchase later, in wedlock and under the joint estate of a new well).

The Court, however, considered it unnecessary that declaration in cases where the objective evidence concerning the origin of goods from other personal property, eg in the event of exchange, can not create any doubt about the personality of the good In recognition of the importance of the declaration only if it can raise doubts about the nature of personal property used. If in fact there is objective certainty about the nature of good staff used, the declaration referred to. 179 Lett. f) becomes superfluous, given the nature of its reconnaissance of the existence of the conditions for purchasing staff.

In other words, the fungible nature of money and recognition to the issues related to the ownership of the same can not, however, impede the applicability of 'art. 179 Lett. f) is satisfied if the personal nature of such property, acquired before the marriage, and the resulting personal nature of the goods bought with it.

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coffee cake with apples and spices



By now you realized, this year I've got the soul I fall and do not have time to wait for the fall! And so ... nothing better than the first offer you a cake with red and Melette nuts (peeled from the hands of unscrupulous cousin 7 years:)) spicy spicy ... Originally this was , during construction was a bit 'modified ... really beautiful, and sad, like me and the coveted season at the gates ...

Ingredients: 150 gr

wholemeal flour 30 g wheat flour Spelt

150 g sugar 150 g melted butter 3 eggs

2 Melette red

3 tablespoons toasted hazelnuts 2 teaspoons cream of tartar

cinnamon ginger cardamom berries


cloves a pinch of salt

Beat eggs with sugar for about 8 minutes, then add the sifted flour, cream of tartar, salt and melted butter. Crush with mortar cloves and cardamom pods, mixed with ginger and cinnamon and add them to the compound. Toast the hazelnuts, chop fine and add those, pour into a greased and floured baking pan.
Halve the Melette, cores and record with many small cuts, then sink half the dough.
Bake at 180 degrees and wait for the magical scent of spices that permeates the whole house ...

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Preliminary contract - delivery of the first of the final contract

Court of Cassation, sez. II CIVIL
- Judgement of 22 July 2010, No 17245

The promisee buyer who receives the delivery of the goods before signing the final contract of sale is a mere holder of the asset.

Its holding is qualified, finding its basis in the contract.

The Max:

"The promise of sales, when it is agreed that delivery of the goods before signing the final contract, does not occur anticipation of the effects of translational , since the availability achieved by the promisee is based buyer the existence of a contract of loan, functionally related to the preliminary agreement and productive effects purely statutory and, therefore, the relation of promisee buyer the property is classified only as a holding qualified, except for the demonstration of ways in un'interversio possessionis provided by art. 1141, CC "

*********

promisee The buyer is therefore merely a qualified holder, who can not even buy the property for the enjoyment and exercise adverse possession under a but not mandatory, not yet the right real translational corresponding in function and in anticipation of future transfers.

The availability of material good compromise, even over extended periods of time, continues to be regarded as detention, where no new qualifying circumstances, appropriate art. 1141 cc, co. 2 to determine, whether from the third or opposition expressed against the owner, the change in ownership of the same, with the result that in the absence of such interversione there is the possibility to use it for dell'usucapione.

With this ruling, the Court confirms the innovative approach taken in 2008, Judgement No Of 7930 which gives the maximum. Following the full text of the Judgement of July 2010.

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"The promise of sale, when it is agreed that delivery of the goods before signing the final contract, does not occur preview translational effects, since the availability achieved by the promisee buyer based on the existence of a contract of loan functionally related to the preliminary agreement, productive effects of purely mandatory. Therefore, the relationship with the thing, by the promisee buyer can be qualified only as a detention and not as qualified possession useful "to usucapionem", except the demonstration of un'intervenuta "interversio possessionis as foreseen by art. 1141 CC " (Civil Appeal - Sec. United n.7930 of 27/03/2008).

Court of Cassation, Section 2 Civil Judgement July 22, 2010, No 17245

ITALIAN REPUBLIC ON BEHALF OF THE ITALIAN PEOPLE
THE SUPREME COURT OF POINT OF LAW - PART TWO CIVIL

gives the following: Judgement on the appeal

No 8340/2005 proposed by the March 1, 2005: An

Ma. - Represented and defended by virtue 'special power of attorney in the bottom of the application by the lawyer. ANTINUCCI Maximus, from whom and 'address for service in Rome, Via della Giuliana, No 73 - applicant -



against Ro. Ad. and RA - represented and defended by virtue 'special power of attorney on the sidelines of the defense by the lawyer. TREZZA Gaetano, from which address for service in Rome, Via Gramsci n. 20 - controricorrenti -


and on appeal No. 12264/05 brought on May 11, 2005 by:

Ro. Ad. and RA represented and defended by virtue 'special power of attorney on the sidelines of the defense by the lawyer. Gaetano Frezza, from which address for service in Rome, Via Gramsci n. 20 - controricorrenti applicants incidental -

against

Ma An. - Represented and defended by virtue 'special power of attorney in the bottom of the application by the lawyer. Massimo Antinucci, from which 'address for service in Rome, Via della Giuliana, No 73 - notice -

against the ruling of the Court Rome Appeal No 475 of February 2, 2005 notified on 7 March 2005.
hearing the report of the proceedings held in public hearing on June 16, 2010 by President Massimo Oddo;
heard the PM, in the person of Deputy Attorney General Dr. APEX Umberto, who has applied for the rejection of the main application and acceptance of the appeal.

OF THE PROCESS

a writ served April 2, 1992, Ro. Ad. and A. An agreed. , A. , Am, Ce, Th. , Fi. , Wa. , Isa and Pa.An. But, as well as' AL.MA. , Sc.Gi. , Pa.Ti. , To. Fri. and Ma.An. - All heirs of Pa.Sa. , Or their successors - in the Court of Rome, said that, along with their predecessor Ro.De. Had since 1966 have enjoyed the full, exclusive, uninterrupted and peaceful apartment to a (vacant), in whose possession were placed on the execution of the deed of sale occurred (FAILED) between Ro.De. and Pu. Sa. , Demanded a declaration of their purchase of the property 'of the property to adverse possession. It

constitute 'the only Ma, resisting the application and asking, in a counterclaim, an order of Ro. the issue of the apartment, as they occupied without title, and the payment of a fee for employment, and the Court, in the absence of the other defendants, the sentence is not final No 40384/00 rejection 'of the actors and the main question, in favor of counterclaim, to condemn 'the Ro. the release of the property and the payment of the 'employment to be settled later in court, and' But the reimbursement of costs paid by the defendants for repairs and extraordinary ALLOWANCES 'to the improvements brought about the thing.

The decision, burdened by Ro. and, indirectly, from Ma was partially reformed February 2, 2005 by the Court of Appeal of Rome, that, without the prior qualification of the sale deed by the Tribunal to date of 20 January 1966, rejecting 'the main appeal and, in favor of the appeal, declare 'the law: 1) of Ro. only 50%: a) the increase in value of for improvements made during the period from January 1966 to May 1982 and the lowest sum of the costs and the improved ones made in the subsequent period, b) reimbursement of the costs of extraordinary repairs, and 2) the Ma ALLOWANCES 's 'occupation of the property without title by Ro. with effect from 8 May 1982.

observed the appellate court, for what it still points out that the actors, having achieved the availability 'of the apartment in 1966 following a preliminary sale, should be regarded as bona fide owners of the property until the proposition in 1982 demand with which Ma had claimed ownership ', and could not have followed the deduction of Ro. partial limitation of indemnity 'employment.

The Ma and 'appeal to the Supreme Court's ruling in a pattern, illustrated by subsequent memory, and called on Ro. have resisted defense, pleading prior to the ineligibility 'main action, and proposed the same two grounds for appeal.

GROUNDS

In accordance with Article 335 of the CPC, the meeting should be prepared for actions brought in the main street and incidentally against the same sentence.

the plea of \u200b\u200binadmissibility 'of the main action,' cause "is not notified to the parties in their address for service at their attorney on appeal, but rather 'to a third party in the person of their attorney on appeal, that will have no power on', not 'reviewable, and for the darkness' of its formulation, and for the regularization of the possible nullity' subsequent to the commencement of the defense .

The main appeal, claiming the only reason the nullity 'of the contested decision, in relation to Article 360 \u200b\u200bof the CPC, No 3, for violation of Articles 1140 and 1150 cc, complains that the courts of appeal have recognized actors the right to reimbursement of expenditures made for repairs and extraordinary ALLOWANCES 'for improvements accruing to the holder who returns it, although' they were mere owners of the property, having given the availability 'under an agreement of purchase, not followed by the final contract and declared ineffective by ruling became final in 1995.

The reason 'based.

This Court, in sections joined by dialing the contrast arose between sections simple, enunciated the principle that in the promise of sales, when the defendant's delivery of goods before signing the final contract, is not the anticipation of the effects translational, as the availability 'achieved by the promisee buyer based on the existence of a contract of loan, functionally related to the preliminary contract and production effects of purely mandatory, and that, therefore, the report of the promisee buyer with good and 'classified solely as holding qualified, except for the demonstration of un'interversio possessionis as provided in Article 1141 cc (see: Cass. Civ., sec. a., sent . March 27, 2008, No. 7930, cf. succ: Cass. Civ., sec. 2, sent. January 25, 2010, No. 1296, Cass. Civ., sec. 2, sent. April 26, 2010, No. 9896 ).

constitute, in addition, Article 1150 Civil Code, which gives the possessor of the thing when surrendering the right to reimbursement of expenditures made for extraordinary repairs (paragraph 1) and ALLOWANCES 'went for the improvements to the thing (subsection 2), an exceptional rule, and it can not be made application by analogy to the holder (see: Cass. Civ., sec. 3, sent. March 18, 2005, No. 5948, Cass, civ., sec. 2, sent. September 16, 2004, No. 18,651, cf. specifically As the borrower: Cass. Civ. sect. 2, sent. June 26, 1992, No 7923), appeal the sentence and 'caught by the alleged defect in two respects.

The first, by finding the relevant landowners animus of the holders (the promissory purchaser and its successors) in the activity 'undertaken by them on the thing without verifying a change in detention due to possession by a third party or under opposition they made against the owner (see: Article 1141 Civil Code, Section 2).

The second, for application made to the holders of a rule that recognizes only the owners (in good or bad faith) the right to reimbursement of expenditures made for repairs and extraordinary ALLOWANCES 'for improvements (see: Article 1150 Civil Code, Sections 1 and 2) .

the merits of the plea following the acceptance of the main appeal and the cassation appeal of the decision with reference, for settlement of the costs of legitimacy ', to another section of the Court of Appeal in Rome.

remains absorbed by the Supreme Court considering the second ground of appeal, alleging, in relation to Article 360 \u200b\u200bof the CPC, No 3, the violation of Article 92 of the CPC, the cost of the process having to be restated by Court of Appeal in the outcome of the trial court.

The first reason, however, the appeal appeal against the decision 'of the award, in relation to Article 360 \u200b\u200bof the CPC, No 3, for violation of Articles 1140, 1142, 1147 and 2948 cc, by: 1) recognize the right of the defendant ALLOWANCES 'employment of the thing from the application of object revindica made in other proceedings, although' : a) the possession of the occupants in good faith should be presumed until the finality 'of the declaration of invalidity of the title by virtue' of which was obtained (1995), b) had been contested on the limitation of the indemnity 'to the the five-year period prior the commencement of the application, 2) considered in bad faith after the application for possession revindica (1982) and the allowances paid by that date 'for the sum of the improvements in child and spent the better.

The reason 'absorbed, as the complaints under 1), letter a) and section 2), from accepting the main action, and unacceptable for generality' and lack of self-sufficiency as regards the complaint under 1), b) , jackets' to the relief of the sentence, that the requirement had been raised in the appeal proceedings on a conditional and not followed by any conclusion on this point, merely to oppose the non-exhaustive and disputable argument that the plea "was considered contained in the application to reject applications opponents, including allowances 'of illegal occupation, it is not necessary to repeat the various causae petendi, already' contained in the preamble of the act. "

PQM

join the applications.

the appeal of the main and refer the case, including the costs, with another section of the Court of Appeal in Rome.

State absorbed the first ground under 1), letter a) and section 2) and the second ground of appeal is declared inadmissible the first why sub 1), letter b) of that action.

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How To Generate Electricity Using Toy Motor

Court of Cassation, Chamber Work, January 26, 2009, No 1833.

Each work must be presumed for consideration unless it is shown the existence of the purpose of solidarity instead of the profit ... and understanding that the assessment thereof made by the trial judge is censured by the seat of legitimacy if not err in law and logic flaws.

The issue addressed by the Supreme Court involved two people, presumably linked by a relationship of which lend a work for each other, which later brought an action for having such differences in pay due to the employment relationship.

... Below the sentence in full text.

Supreme Court

SECTION WORK

Judgement of 25 November 2008 - January 26, 2009, n. 1833

(President Mercury - Rapporteur Picone)

The facts

The sentence in question is the Supreme Court rejected the appeal of SP and confirms the decision of the Court of L'Aquila on 09/04/2003 with which the appellant was sentenced to pay a sum of Euro 79,063.90 MG as a disparity in wages gained in the employment relationship with the elapsed P. from 13.4.1989 to 28.8.2000. The Court of the Eagle
mean that, for effect of a relationship with the employer, there was the possibility of the service provided due affectionis; finds, however, the existence of the employment relationship provided with tasks related to the status of employee exercise of executive retail, considers not specifically challenged on appeal counts developed by G. and adopted by the Court of First Instance.
The use of SP has three reasons, as further clarified in a statement lodged under Article. 378 cpc, resistant response with MG.

legal considerations

The first complaint complaint lack of reasoning in relation to the establishment of a subsidiary nature relationship, as the relationship of solidarity, The investigation revealed, was not altered by the lack of continuous cohabitation.
The reason is not well founded.
not the case the hypothesis of the work done within the family context, where even the cohabitation, like the marriage bond, that is to identify the cause in the bonds of solidarity and affection existing alternative compared to constraints typical of a corresponding relationship to performance, what is the employment relationship, unless there is proof of employment (Cass. 15 March 2006, n. 5632).
It is, however, in the presence of work with inclusion in the organization business partner. So, given the downsizing of the presumption of gratuitous services rendered legitimate place in the family following the entry into force of Article. A 230 cc, we can exclude the existence of a corresponding relationship to performance only in the presence of the demonstration of a commonality of interests between the living and living together (de facto family), which does not end in a relationship purely spiritual, emotional and sexual, but, like the marital relationship gives rise to the participation, effective and fair, the cohabiting partner of the resources of family practice (Cass. December 27, 1999, No. 14579, Dec. 13 1986, no 7486, June 16, 1978, No 3012). To that extent it is therefore applicable to the principle that, in general, any activity constitutes an objective job performance is assumed for consideration, but it can be attributed to a different relationship established affectionis vel benevolentiae cause, characterized by the free provision of only if it is proved the existence of the purpose of solidarity instead of profit-making, given that the assessment thereof made by the trial judge is censured by the seat of legitimacy if not err in law and logic flaws (see Cass. 20 February 2006, n. 3602).
to these rules law to comply with the ruling and its appeal findings of fact are substantiated by adequate reasoning and logic.
The facts, in fact, led the trial judge to exclude, correctly applied the legal principles and reasoning logically plausible, which had established the community of interests, including economic, attracting orbit of the ratio constraint solidarity. This understanding is evaluated to verify that cohabitation was not continuous but it is frequently interrupted, especially the importance of the lack of sharing of a common standard of living in relation to the income of the business, resulting in only certain donations made (free of an apartment , payment of some debt, free removal of goods - clothes - from the shop).
The second plea: infringement of Article complaint. 2094 cc and insufficient reasons in relation to the conditional nature of the employment relationship, except by the will of the parties and their leadership roles that would appeal conducted according to the ruling (relations with suppliers, the choice of goods, control of personnel).
The plea must be rejected because it does not take into account, and thus fails to effectively counter it, the presumption that the sentence has drawn from the formal classification of the employment relationship as occurred a few months later, with the issue of regular pay slips filled out by consultant company on the basis of hours worked.
The third claim breach of Article complaint. 434 cc and failure to state reasons why the statements annexed to the application were challenged with memory formation in the first instance within the limits of those reported (panel B, on the calculation of the differences), while for the other party had not been notified (panel A relating to the remuneration received), and the decision at first instance had obvious flaws of reasoning on this point.
The reason is unacceptable because it is inconsistent with the grounds of the appeal.
The Court of Appeal, in fact, held the ground of appeal from counting without specificity, lacking the detection errors that were charged to court in the first issue of determination of wage claims. The plea
insists only on the grounds of the lack of first instance, without censoring the only relevant point, namely the lack of notice of appeal with the formulation of specific criticism to the decision at first instance.
the dismissal of the appeal follows the conviction of the appellant to reimbursement of expenses and fees of the court of Cassation, to the extent determined by the device.

PQM

The Court rejects the appeal, order the appellant to pay the fees and expenses of the court of cassation, paid the first in more than 34.00 Euro SG VAT and CPA, and the second in a total of € 3,000.00.