Have you been Whatsapp stalked? Italian Courts confirm stalker’s conviction
The Italian Cassation Court sentence N. 47283/2019 declared inadmissible defendant’s appeal against his conviction for sexual violence and persecutory conducts. In such context, the Court has confirmed that Whatsapp messages constitute evidences that shall be freely interpreted by judges. The Court of Appeal confirms first instance judgement by declaring defendant’s liability for sexual violence […]
Waiver of the right of inheritance: who inherits succession property?
As an heir, you have the right to waive the inheritance. In this case, the inheritance waiver procedure will remove succession consequences in favour of the heirs. After succession opening, it is possible that one or more heirs refuse their respective share of the succession. This is normally due because heirs do not want […]
Have you ever experienced a fraud on e-commerce marketplace?
Italian Cassation Court sentence N. 45115 discusses the online fraud in the context of e-commerce framework. In particular, the Supreme Court assessed that online contractual fraud includes the non-delivery of the ordered and payed goods (listed under a “convenient price” libel) and a false residence of the vendor. In fact, the previous elements highlight the […]
“Red Code”: Italian set of remedies against domestic and gender violence
On 19th of July 2019, the Italian legislation (“Codice Rosso”) has modified the Criminal Code and the Code of Criminal Procedure by including new elements in relation to domestic and gender violence. The following paragraphs will overview the new articles and sections: – Art. 387 bis Criminal Code: The breach of the protective and […]
Child Custody and minor’s interest
Italian Court of Cassation has rejected a mother’s complaint against court’s decision in terms of shared custody regime. In particular, the Court confirmed the shared custody regime establishing the child will preferentially live with the father. In such decision, the Italian Court has confirmed that minor’s interest is the leading requirement. Subsequently, Courts need to […]