avvocati Verona

Via libera al risarcimento dei punitive damages!

Una rivoluzione nel nostro sistema risarcitorio: tale è la sentenza delle Sezioni Unite della Corte di Cassazione n. 16601 del 5 luglio 2017, con cui è stata aperta la strada per il riconoscimento e il risarcimento dei danni punitivi. "Nel vigente ordinamento - ha statuito la Suprema Corte - alla responsabilità civile non è assegnato solo il compito di restaurare la sfera patrimoniale del soggetto che ha subito la lesione, poiché sono interne al sistema la funzione di deterrenza e quella sanzionatoria del responsabile civile. Non è quindi ontologicamente incompatibile con l'ordinamento italiano l'istituto di origine statunitense dei risarcimenti punitivi".

(10 ottobre 2017 - Avv. Paola Finetto)

Privacy e cyber security.

Dal 25 maggio 2018 sarà applicabile il Regolamento Europeo 679/2016 relativo alla protezione delle persone fisiche con riguardo al trattamento dei dati personali, nonché alla libera circolazione di tali dati. Molte realtà imprenditoriali e aziendali, oltre che professionali, si stanno già ora attivando per far fronte ai nuovi e stringenti adempimenti previsti dalla normativa europea, se non altro per non incorrere nelle sanzioni previste in caso di accertata violazione della medesima!

(9 agosto 2017 - Avv. Paola Finetto)

JUSTICE AND TECHNOLOGY

Fortunately continues to increase the use of technology in the judicial proceedings. Until now in all civil proceedings the lawyer had to attend the hearing in person, even if they are very far away from its office.

This used to apply to civil trials as well as for the bankruptcy process, that is when a creditor must appear in court to confirm its receivables claim against the bankrupt company.

By Decree Law 59/2016, the situation has changed. The creditors' participation can take place electronically, via Skype or by other means to be decided by the judge. A considerable saving of costs and time, which benefits everyone, especially the justice system. 

“PRIVACY” LAW will change as well as the related right to be forgotten

For the better, but not right away.

As we all know, since a few some years there are precise rules on privacy (Legislative Decree 30 June 2003, n. 196), and often we hear that something "must be done for the" or "it’s not allowed because of privacy”.

So far, however, there was no rule on right to be forgotten, namely the right to be deleted from the Internet material or harmful information in violation of the right to privacy.

 In 2014 it stepped in the European Court of Justice to establish some principles.

The new European regulation on privacy, which should be approved in the coming weeks, instead will establish for the first time that right to oblivion. The most important aspect is that this can be enforced by a European citizen also in respect of Internet operators who are based outside the European Union, such as multinational companies like Google or Facebook.

This is great news for the privacy rights of all.

But we have to wait two years, as the new European regulation will enter into force only in 2018.

(June 14, 2016 – Avv. Roberto Nicolini)

CIVIL UNIONS? Yes, but also much more.

Unitl May of this year there was only marriage for heterosexual couples. For cohabiting couples of all sexual orientation and for same sex couples in fact, of all sexual orientations, there was no protection and no rights. Finally the historical Law was passed n. 76 of May 21st 2016, which shall enter into force on June 5ht 2016

The most important aspect is to have finally introduced civil unions that allow same-sex couples to enjoy civil rights, between them and in the society, substantially equal to those of married heterosexual couples.The other great and interesting new feature is the cohabitation agreements.

They can be used both by heterosexual couples by homosexual couples. These contracts will provide the families a stronger form of protection, particularly regarding the economic and financial aspects. The signature authentication by a lawyer is sufficient for their validity.

We are not yet to “pre-nuptial agreements” or the wedding agreements of the common law, but this could be the great challenge of case law and doctrine in the coming years.

For sure it has become a very topical issue, a solution useful to many people: lawyers with the necessary professional skills and human sensitivity can and must do their part to provide advice and assistance.

(June 3th, 2016 – Avv. Roberto Nicolini)

The demise of the “postal certain date"!

Everything changes and after many years also the "postal certain date" will soon no longer exist.

But what is this "certain date"?

It is an Italian only issue, so typical that foreigners open their eyes wide when they hear these words for the first time.

Until now it was enough to fold any document in two, leaving the top inside free, writing one’s  own address, sticking a stamp, then going to a post office,  requesting a postal date punch (for shipping as hand mail).

Simple and inexpensive.

Since April 1st, 2016 (and is not an April Fool!) this service of the Italian Post Office went into retirement.

From now on if you have a contract, an agreement, a statement or whatever similar and you need to give evidence that it was signed in a precise date - or at least not after a certain date, so that no one can dispute it, it must be notarized, with customary additional costs for fees. Alternatively you can request registration at the Revenue Agency, once accomplished payment of registration fee (normally 3% of the value). 

However there are some alternatives, for example using the certified mail (PEC), which gives the “certain date” to its content or sticking the so-called time stamp on electronic documents, which can be used jointly with the digital signature.

But for all those people who do not know how to use a computer yet, and there are so many, it was certainly much more comfortable, easy and slightly romantic, the old “postal certain date”, unfortunately recently departed.

(April 22, 2016 - Avv. Roberto Nicolini)

Compulsory DNA samples taking on arrest : would George Orwell had expected this measure?

As genetic technology comes in handy to justice

 

The Council of Ministers n. 109 approved the implementing regulations of Law 85/2009 .

This means  a genetic data bank will keep the files of all arrestees. Recording will last thirty years .

If innocence will be proven at a later stage, recordings shall be completely erased .

Let’s hope that this practice will useful to law enforcement agencies to tap the criminals.

(11th April 2016 - Avv. Roberto Nicolini)

UP TO € 100,000.00 YOUR SAVINGS CAN REST EASY

- LEGISLATIVE DECREE 15 February 2016 , n . 30 -

 

Finally just published in the Italian Official Gazette a long-awaited measure. From now on common rules shall apply all over Europe:  no more risks for those with  money in the bank, at least up to € 100,000.00 .

If any trouble regarding a bank should arise, savers will always get their money in just seven days .

There are also some good news coming from Brussels! 

 

Hurrah for Europe!

(31 march 2016 - Avv. Roberto Nicolini)

 

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