Challenging a Replaced Condominium Resolution: The Supreme Court and the Cessation of the Subject Matter of the Dispute (Order No. 16397 of 2025)
A thorough analysis of Supreme Court Order 16397/2025 clarifies the limits of challenging a replaced condominium resolution, outlining when an appeal becomes inadmissible due to the cessation of the subject matter of the dispute and which grievances remain admissible, offering crucial insights for co-owners and administrators.
Cassation Ordinance 16394/2025: All Co-owners Entitled to Act for Compliance with Legal Distances
The Supreme Court, with Ordinance No. 16394 of 2025, clarifies a fundamental aspect of condominium law: the standing to act for the protection of legal distances. It is not only the owners of directly facing units, but all co-owners, who can defend the integrity of the building, strengthening the protection of the condominium as a whole.
The Inadmissibility of the Cassation Appeal: The Crucial Relationship Between Facts and Grounds in Ordinance No. 16618/2025
Ordinance 16618/2025 of the Court of Cassation clarifies the crucial importance of a concise and clear exposition of facts in the appeal. Discover how the complementarity between facts and grounds of appeal is essential to overcome the admissibility review and ensure that the Supreme Court can adequately assess your arguments, avoiding inadmissibility and safeguarding the right of defense.
Ownership of the Air Column in a Condominium: Clarifications from Ordinance 16622/2025
An in-depth analysis of Ordinance No. 16622 of 2025 from the Court of Cassation reveals the boundaries of individual ownership over the roof terrace and the "air column" corresponding to the elevator shaft, outlining when such space remains a condominium appurtenance pursuant to Article 1117 of the Civil Code. An essential guide for builders, co-owners, and real estate professionals.
The Prohibition of the Pignus Commissorium Clause: Cassation Court Ruling no. 16619 of 2025 and Debtor Protection
We explore the recent Cassation Court Ruling no. 16619/2025 which reaffirms the prohibition of the pignus commissorium clause, a cornerstone principle of Italian civil law. Discover how this decision protects patrimonial liability and grounds for preference, ensuring fairness and protection for the debtor.
The Supreme Court Ruling 16601/2025: Uniqueness of the Notary's Secondary Office and Aggregated Municipalities
The Court of Cassation, with ruling 16601 of 2025, reiterates the restrictive interpretation on the opening of secondary offices for Notaries, clarifying that even aggregated municipalities fall under the principle of uniqueness. This is a fundamental analysis for notary regulations and the prevention of misconduct.
Disposal of Social Security Bodies' Real Estate: The Supreme Court Clarifies Reimbursement Calculation (Order No. 17043/2025)
An in-depth analysis of the recent Order of the Court of Cassation No. 17043 of 2025, which defines the methods for applying the reduction coefficient and its interaction with trade union agreements for the reimbursement of the price to buyers of real estate divested by social security bodies.
Contractual Works and Defects: Acceptance Does Not Always Exclude Warranty. Analysis of Order 17028/2025
An important Order from the Court of Cassation, No. 17028 of 2025, clarifies the boundaries of warranty for defects in construction contracts. Discover how acceptance of the work does not automatically release the contractor from liability, especially for hidden defects or those emerging later, protecting your rights as a client and buyer.
Currency Infringements: The Supreme Court Clarifies the 'Relevant Customs Crossing' in Order No. 17088 of 25/06/2025
An important Order from the Court of Cassation (No. 17088/2025) precisely defines the concept of 'relevant customs crossing' for the declaration of cash or bearer securities on international extra-EU flights with layovers, offering clarity and reducing error margins for travelers and sector operators. Discover the implications of this ruling to avoid penalties.
Suspension of Civil Proceedings: The Supreme Court with Order no. 16883 of 2025 Clarifies Effects on Connected and Divisible Cases
Order no. 16883/2025 of the Supreme Court of Cassation addresses a delicate aspect of civil proceedings, specifying that an event causing suspension in connected and divisible cases does not extend its effects to the entire proceeding, but only to the judgment of the affected party. Timely resumption is essential.