Extortion offence: Italian Cassation Court states interpretation guidelines
Extortion is listed as one of the main offence against property. However, such exploitive offence might include several type of unlawful conducts. Extortion consists of giving or promising to give money or other benefits in return of money or other benefits subjected to usurious advantages. In such context, it is possible to identify two different […]
Massive advertising communication under GDPR: Spamming does not constitute criminal offence.
In absence of prejudice for the data subject, aggressive advertising communication does not constitute an offence. Italian Court of Cassation has confirmed that, in the context of spamming activity, data subject harm has a central role. Art. 167 of Italian Privacy Code finds guilty whoever, in order to gain profits for himself or harm somebody, […]
The inheritance declaration: the new Italian model
The Italian Revenue Agency (Agenzia delle Entrate) has update both cadastral backlog and inheritance declaration forms. The Italian Parliament, by introducing new incentives for a certain type of properties, made the updates essential. In particular, new incentives for condemned buildings and the third sector. The first incentive involves all those condemned buildings because of natural […]
Damage for loss of chance under Medical Malpractice liability?
Loss of chance damage might burden doctor and healthcare operators with a controversial obligation of result. In particular, healthcare operators may be liable for medical malpractice even though positive outcome of medical treatment was un-hoped and unexpected. Italian Court of Cassation clarified this important matter through decision N 26303/2019 First, the Italian Supreme Court stated […]
Divorce and Separation: Minor’s right to not see one of the spouses
Under separation or divorce regime, Italian Courts always focused on minors’ interest and wellbeing. In such context, minor’s interest is the leading parameter according to which judges arrange separation or divorce procedure. Art. 709 ter Civil Procedure Code applies in those cases where it may arise controversies or non-compliance in the context of shared […]