Validity of Special Power of Attorney in Electronic Proceedings: Clarification by the Supreme Court with Order No. 17017/2025
The Court of Cassation, with Order 17017 of 2025, clarifies the validity of the power of attorney for litigation in paper format, digitized and attached to an electronic appeal. Discover the essential requirements and implications for lawyers and parties involved in the context of digital civil proceedings, ensuring the admissibility of acts.
Maritime State Property Concessions: The Court of Cassation and the Public Tender Obligation (Judgment no. 17142/2025)
An in-depth analysis of the Supreme Court's recent ruling which excludes the automatic renewal of maritime state property concessions, imposing the tender obligation in line with EU law and European and constitutional judgments.
Family Home Loan for Use: Supreme Court Ruling No. 17095/2025 and the Protection of the Family Unit
The Supreme Court, with Ruling No. 17095/2025, strengthens the protection of the loan for use of the family home, linking it to housing needs even after marital crisis, except for an urgent and unforeseen need of the lender and careful judicial balancing. An essential in-depth analysis.
Family Fund and Execution Limits: The Supreme Court Extends 'Family Needs' (Order 16909/2025)
An important decision by the Court of Cassation (Order No. 16909/2025) redefines the scope of 'family needs' within the context of the family fund. It clarifies that even the expansion of a spouse's professional or business activity, aimed at well-being beyond basic necessities, falls under the protection of family assets. Discover the implications for asset protection and marital debt management.
The Remand Judge and the Adversarial Principle: Cassation Order No. 16915 of 2025
An in-depth analysis of Cassation Order No. 16915 of 2025, which reiterates the crucial importance of the adversarial principle in remand proceedings. Discover how the judge must inform parties of sua sponte observations to ensure full and informed defense, a fundamental pillar for the protection of procedural rights and the fairness of civil proceedings.
Subordination of Shareholder Claims in Controlled Liquidation: Supreme Court Ruling No. 17508/2025 and Due Debts
A thorough analysis of Supreme Court Ruling 17508/2025 clarifies how shareholder loans, although subordinated pursuant to Article 2467 of the Italian Civil Code, must be considered due debts in controlled liquidation, influencing access to the procedure and creditor protection.
Over-indebtedness: The Court of Cassation and the Impossibility of Modifying the Plan After Default (Order No. 17501/2025)
Order No. 17501 of 2025 from the Court of Cassation clarifies a crucial point regarding over-indebtedness: the option to amend a debt restructuring plan does not apply when the agreement has already ceased to be effective due to default. A detailed analysis of the implications for debtors and creditors, and the importance of timeliness.
Verification of the Bankruptcy Estate: The Burden of Proof in Light of Supreme Court Order No. 17437/2025
An in-depth analysis of the recent Supreme Court Order No. 17437 of 2025, which clarifies the dual purpose of the verification of the bankruptcy estate and the stringent responsibilities of the requesting creditor, highlighting the importance of proving not only the existence of the debt but also its precedence over the bankruptcy declaration to protect the par condicio creditorum.
Correction of Material Errors: Civil Cassation, Order no. 17309/2025 and Article 287 c.p.c.
We explore the recent ruling of the Court of Cassation, Order no. 17309 of 2025, which clearly outlines the boundaries of the procedure for correcting material errors under Article 287 of the Code of Civil Procedure (c.p.c.), emphasizing the impossibility of altering the conceptual content of the decision and ensuring the stability of the judgment. A fundamental analysis for lawyers and legal professionals.
International Protection: The Suspensive Effect of the Precautionary Application in Supreme Court Ruling No. 17256 of 2025
An in-depth analysis of Supreme Court Order No. 17256 of 2025, which clarifies the terms and effects of precautionary suspension in appeals against the rejection of international protection applications, ensuring fundamental rights and procedural safeguards for foreigners in Italy. Discover the importance of acting promptly to safeguard your legal position.