Studio Legale Pavan Website

Blood Transfusions and Medical Liability

The Supreme Court, with decision no. 4323 of February 8, 2022, considered that there was a causal link between the patient's death by mistake in the blood transfusion of an incompatible group and the conduct of the doctor who, in violation of the ministerial instructions governing the operating procedures for transfusion, did not participated in the final phase of the procedure, when the nurse ...

The Supreme Court on sureties void because they comply with the ABI scheme: the competence lies with the Section specialized in business matters.

The Supreme Court, sixth section, with ordinance no. 6523 of 2021, in defining a conflict of jurisdiction regarding the nullity of some sureties compliant with the ABI scheme for violation of the Antitrust legislation, established that the matter should be referred to the specialized business sections, pursuant to art. 3 of Legislative Decree no. 168 of 2003....

The manager who carries out extra-work activities during working hours was dismissed

The Supreme Court, with ordinance no. 2870 of 31 January 2022 confirmed the ruling of the Court of Appeal of Rome which had declared legitimate the dismissal for just cause of a manager who, on two occasions, had left the workplace to go to a nearby business, of the which he was a partner, to then market the related products in the workplace....

The Supreme Court on the calculation of usuriousness in the event of a salary-backed loan and mandatory insurance policy.

The Supreme Court with ordinance no. 3085 of 1 February 2022 considered that, for the purposes of calculating the usurious nature of a salary-backed assignment contract, the fact that the Bank of Italy did not include, in the Instructions for the detection of the 2006 TEGM, is of no significance , insurance costs. This is because, considering the all-encompassing nature of the provisions of art...

The Supreme Court on the conviction for reckless litigation

The Supreme Court, with order of 9 February 2022, n. 4212, reiterated that the aggravated liability pursuant to art. 96 c.p.c. integrates a particular form of procedural responsibility against the losing party who has acted or resisted in court with bad faith or may be grossly negligent, so that the application of the rule does not apply when the requirement of total loss for verified reciproca...

No-vax parents refuse child blood transfusions, tutelary judge appoints special curator

The Office of the Tutelary Judge of the Court of Modena, with a decree dated February 8, 2022, deemed it illegitimate the refusal by parents to transfusions from parents for their minor blood child motivated by the uncertainty of the origin of the blood of any transfusions from unvaccinated donors anti Covid 19 and for religious reasons, since the magisterium of the Catholic Church would allow ...

Negligence of the notary and principles of eviction

The Civil Cassation, section II, with ordinance n. 1069 of 14th January 2022, specified that the principles relating to the seller's liability also apply to the determination of the damage that can be compensated by the notary. The non-fulfillment of which, linked to the correct verification of real estate registers, can cause eviction damage; basis on which the buyer can claim damages....

Relationship between the downsizing of the workforce and the elimination of the position occupied by the worker

The Civil Cassation, section lav, with ordinance n. 2010 of 24th January 2022 established that the cancellation of a professional category from the company staff is not enough to legitimize the dismissal of the worker who played the role of coordinator for that category and also other tasks within the structure. Said worker must therefore be compensated and reinstated....

Suspension for the lawyer who does not tell the truth

The Court of Cassation with Sentence n. 41990 of 30th December 2021 confirmed that the conduct of the lawyer who, in acting for compensation for non-pecuniary damage suffered by his clients, affirms that they have been acquitted constitutes a disciplinary offense, punishable by suspension from legal activity in criminal proceedings, when in reality they have been acquitted for procedural reason...

Divorce, the wife does not keep her husband's surname just because he is a famous doctor

With Sentence n. 654 of 11th January 2022 the Court of Cassation ruled on the possibility of the wife to keep her husband's surname even after the divorce. In particular, the Court reiterated that pursuant to art. 5 co. 3 of Law 898/1970 (divorce law), the possibility of continuing to use the husband's surname after the divorce must depend on an interest worthy of protection and which, in any c...

Pre-deductible credits arising on the basis of the arrangement with creditors and conditions for the recognition of the pre-deductibility in the subsequent bankruptcy

The Court of Cassation with Sentence no. 42093 of 31th December 2021, in the matter of bankruptcy and insolvency proceedings, affirmed the following principle of law: “The credit of the professional appointed by the debtor to provide technical assistance for accessing the arrangement with creditors is considered to be predeductible, even in the subsequent and consecutive bankruptcy, if th...

Surety and partial nullity according to antitrust legislation

The Court of Cassation with sentence n. 41994 of 30th December 2021 expressed its opinion on the antitrust surety.  The Supreme Court resolved the interpretative conflict involving the issue of sureties that reproduced the clauses of the ABI scheme already judged contrary to the antitrust competition rules; since it is the result of an agreement restricting competition. The Cou...