avvocati Verona

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)

 

BANK LOANS TO THE ELDERLY

Bare ownership and mortgage loan annuity

One of the hottest current issues is definitely the intergenerational conflict. It is well known that in our society are the elderly who usually have more money, at the expense of younger  people, who are also very hard to earn money on their own, relying therefore on parents and grandparents. In times of crisis like these, though, even the elderly often find themselves short of cash: they don’t have a high pension, cannot ask for money to their penniless children or grandchildren, but at least they can enjoy a home property obtained with the work and sacrifices of a lifetime.

In our legal system it was already existing an instrument to grant financial liquidity to a senior: the sale of the bare ownership. Nothing scandalous, also has Lidia Ravera talk about in her novel of great success. The point is this: a sprightly ultra-septuagenarian lady who needs money may choose to sell her house, but to keep for herself the right to peacefully live in it for the rest of her life; in exchange at  her death the property will become the property of a third party, the buyer of the bare ownership; with this practice she immediately gets from the buyer a large sum of money. This means that the market value of the house is decreased by a predetermined ratio, in relation to age of the usufruct’s holder: more that person is elderly, greater will be the amount received, since it is estimated a shorter number of years before inevitable “passage away", with the result that the property will be then immediately habitable by the purchaser. This system is practiced, although it still remains little used.

From now, there's another new arrival, the entry into force of the implementing regulation of the "life annuity mortgage loans". Essentially people who have completed 60 years of age can get a loan by mortgaging their homes, and this implies the ability to live peacefully without thinking of having to repay the loan. When the inevitable "passage away" occurs, the loan will be paid by the heirs, if they wish to keep for themselves the house. Otherwise the bank will sale on auction the property to cover the loan. If the sixties in question is married or cohabiting, also the spouse must be at least 60 years and both must sign the document. The bank does not do anything until to the death of the older of the two - unless facts emerge that call into doubt the moment the bank can be satisfied - and when that happens the other must leave the house. The reason is obvious: here too, as with an usufruct, more senior is the person applying for the funding, more higher will be the sum, because lower is the waiting time. Who asks him at 60 years should be able to get only about 20%, while those at 90, could end up with 60% of market value.

In one way or another with these two systems the years of old age can be more serene, but the other side of the coin is the emotional suffering but also financial of their heirs. Now if you really want to get more money why not trying a different way and planting them in the Field of Miracles as Pinocchio in Collodi's novel? Unfortunately this is just a fairy tale.

(15th March 2016 - Avv. Roberto Nicolini)

Q&A: How UK adopts EU laws

Much of UK law derives from EU legislation, or is inspired by it. Critics of EU institutions sometimes speak of "Brussels diktat", while supporters of integration argue that having common rules makes life easier for EU citizens. Here Timothy Jones, a lawyer at the UK Treasury Solicitor's Department, explains how EU - or "Community" - legislation becomes part of UK law. His analysis is not the official position of the UK government. Does EU law go too far - for example, by dictating the acceptable dimensions of fruit?

Read more: Q&A: How UK adopts EU laws

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