Divorce Allowance: The Supreme Court (Order No. 15986/2025) and the Prevalence of the Welfare Function
Supreme Court Order No. 15986/2025 clarifies the prerequisites for a welfare-oriented divorce allowance. Discover when an ex-spouse is entitled to maintenance due to economic self-sufficiency and how it is calculated, with an in-depth analysis of recent case law protecting the weaker party.
Bankruptcy and Creditors: The Court of Cassation and Title Production in Order 15911/2025
An in-depth analysis of Order 15911/2025 from the Court of Cassation, outlining the severe consequences for creditors who fail to produce the original title during the verification of the passive state. Discover the importance of procedural diligence and the implications for reinstatement, essential for protecting your rights in bankruptcy proceedings.
Opposition to the Statement of Liabilities: The Evidentiary Burden According to Supreme Court Ruling 15913/2025
The Supreme Court, with Ruling No. 15913 of 2025, clarifies a fundamental aspect of opposition to the statement of liabilities: the burden on the creditor to re-submit documents already attached. A decision that streamlines the judicial process, promotes procedural efficiency, and protects the right to defense, avoiding unnecessary duplication and burdens.
Electronic Filing and Negative Fourth PEC: The Party's Burden of Reaction in Challenging the Statement of Liabilities – Commentary on Order No. 15801/2025
The Supreme Court, with Order No. 15801 of 13/06/2025, clarifies the responsibilities of the parties in the electronic filing of an appeal pursuant to art. 98 of the bankruptcy law in case of a negative outcome of the fourth PEC. An in-depth analysis of how to remedy a failed completion and the burden of immediate action to avoid procedural decadence, offering essential guidance for legal operators.
Agreements between the National Health Service and private facilities: Ruling no. 16221 of 2025 and the retroactivity of accreditation agreements
The Court of Cassation, with Ruling no. 16221 of 2025, clarifies the admissibility of retroactive agreements between the Public Administration and accredited private healthcare facilities. An in-depth analysis of the legal and procedural implications governing healthcare services and spending caps, offering crucial insights for industry operators and citizens.
The Inalienable Right of Foster Parents to Participate: Cassation Court Order No. 16342/2025
The Supreme Court, with Order No. 16342 of June 17, 2025, has reiterated the crucial importance of foster parents in civil proceedings concerning minors. An in-depth analysis on the necessity of their summons, under penalty of nullity, to ensure the full protection of the child's best interests and the effectiveness of the fostering and adoption process.
Shared Custody and Geographical Distance: Clarity from the Supreme Court (Order no. 16280/2025)
Order no. 16280/2025 of the Court of Cassation reiterates that shared custody is the rule, derogable only for serious prejudice to the child. The distance between parents does not preclude this arrangement, but only affects its practical application, always ensuring the paramount interest of the children.
Res Judicata and Healthcare Contracts: Supreme Court Ruling No. 16224/2025 and Limits of Assessment
Explore how the Supreme Court, with Ruling No. 16224 of 2025, has clarified the scope of res judicata in annual contracts for accredited healthcare services. A fundamental decision that prevents new challenges to advance payments once the existence of the contract for the final balance has been established, reinforcing legal certainty in the sector.
Prohibition of Expulsion and Family Protection: Cassation Ordinance 16079/2025 on the Parent's Cohabitant
An important decision by the Court of Cassation extends the protection from the temporary expulsion ban to the cohabitant of a newborn's parent, emphasizing the importance of family stability and the protection of the developing nucleus. Discover how jurisprudence interprets Article 13 of Legislative Decree no. 286/1998 and its impacts.
Expulsion of Foreign Nationals and Criminal Judge's Clearance: The Court of Cassation, with Order no. 16531 of 2025, Clarifies the Limits of the Right to Defense
Order 16531/2025 of the Court of Cassation clarifies that the absence of a criminal judge's clearance does not invalidate an expulsion decree for a foreign national involved in proceedings. We explore how the right to defense is guaranteed by the authorization to return, outlining a balance between justice requirements and individual protections.