The Certain Date of a Private Writing: The Prudent Assessment of the Judge According to the Supreme Court (Order No. 17541/2025)
We explore the recent ruling of the Court of Cassation, Order No. 17541 of 2025, which clarifies the criteria for the certain date of private writings. An in-depth analysis of how judges can evaluate elements other than registration to ensure enforceability against third parties, with a focus on the role of prudent assessment and the errors to avoid to protect one's rights.
Eminent Domain for Public Utility: The Legitimation of the Buyer with Reserved Ownership – Ruling 17635/2025
An analysis of the Court of Cassation Ruling no. 17635 of 2025 which clarifies the active legitimation of the buyer with a reserved ownership agreement to oppose the valuation in eminent domain for public utility. Discover who can protect their interests and why, between formal ownership and substantial title to the right.
Admission to the Bankruptcy Estate: The Court of Cassation and the Inadmissibility of Appeals Without Indication of the Sum (Order No. 17544/2025)
An in-depth analysis of Order No. 17544/2025 of the Court of Cassation, which reiterates the strictness of the requirements for admission to the bankruptcy estate. Discover why the omission of the credit amount renders the appeal inadmissible and the consequences for creditors, with a focus on the impossibility of rectification or supplementation.
Minor Arrangement and Expense Fund: Cassation 17721/2025 Rewrites Inadmissibility Rules
Explore the recent decision of the Court of Cassation no. 17721 of 2025 which clarifies the limits of depositing the expense fund in a minor arrangement with business continuation, analyzing when non-compliance does not lead to automatic inadmissibility but requires careful assessment of the plan's feasibility. An essential guide for professionals and businesses.
Preferential Credits: The Supreme Court Excludes Consecution Between Judicial and Extraordinary Administration (Order no. 17667/2025)
The Supreme Court, with Order no. 17667 of 2025, outlines the boundaries of preference between judicial and extraordinary administration, excluding the consecution between the procedures. An essential analysis for creditors and insolvency law professionals, clarifying the application of Article 54 of Legislative Decree no. 159/2011 and its implications on credits.
Inadmissible Minor Arrangement: When is an Appeal to the Supreme Court Excluded? Analysis of Order No. 17481/2025
A thorough analysis of Order No. 17481 of 2025 by the Court of Cassation clarifies the limits of appeals under Article 111 of the Constitution against the declaration of inadmissibility of a minor arrangement. Discover why not all decisions are appealable and what implications this distinction has for businesses and professionals.
The Referral Judgment and the Detectability of Nullities: Analysis of Supreme Court Ruling no. 14869 of 2025
An in-depth analysis of the recent ruling by the Court of Cassation (no. 14869/2025) clarifying the limits of nullity detectability in referral judgments. Discover why omission in the Cassation stage precludes any subsequent challenge and the crucial implications for procedural strategy, focusing on the principle of law and ius superveniens.
Subcontracting and Liability: Qualified Diligence according to the Court of Cassation (Judgment no. 14870/2025)
The Court of Cassation, with judgment no. 14870 of 2025, clarifies the boundaries of liability between contractor and subcontractor, emphasizing the application of the same qualified diligence pursuant to art. 1176, paragraph 2, of the Civil Code. A fundamental analysis for those operating in the contracting and subcontracting sector, to understand the legal implications and the allocation of burdens.
Statute of Limitations for Professional Fees and Legal Aid: Court of Cassation Order No. 14720 of 2025 and Judicial Limits
An in-depth analysis of the Court of Cassation's ruling No. 14720 of 2025, which clarifies the judge's role in ascertaining the statute of limitations for professional fees in the context of legal aid, emphasizing the importance of party objection. An essential guide for lawyers and legal professionals.
Fair compensation for legal entities: the turning point of Supreme Court Order no. 14749/2025 on the Pinto Law
An in-depth analysis of Supreme Court Order 14749/2025, which extends the right to fair compensation for non-pecuniary damage to legal entities, exploring the conditions and exceptions that may limit such recognition. Discover how companies can protect themselves against the endless delays of the Italian justice system.