Divorce and the appointment of a support administrator: no stay of proceedings according to Order no. 30177/2025
The Court of Cassation, in Order no. 30177/2025, clarifies the relationship between divorce proceedings and the appointment of a support administrator, ruling out the suspension of the process and safeguarding the freedom of self-determination and the highly personal rights of the spouse in a vulnerable state.
The shareholder's right of withdrawal in complex corporate transactions: Judgment no. 30133 of 2025
The Court of Cassation, with judgment no. 30133 of 2025, clarifies the boundaries of the right of withdrawal under Article 2437 of the Italian Civil Code in cases of corporate transactions spread over time. We examine how prior consent to individual acts may preclude the dissenting shareholder's right of withdrawal.
Recognition of stateless status and the burden of proof: Court of Cassation ruling no. 30414 of 2025
How is statelessness proven? With ordinance no. 30414 of November 18, 2025, the Court of Cassation clarifies the boundaries of the burden of proof borne by the applicant and the limits of the judge's investigative cooperation.
The supplementary procedural capacity of the bankrupt: clarifications from Order no. 30732 of 2025
With Order no. 30732 of 2025, the Court of Cassation returns to delineate the boundaries of the bankrupt's procedural capacity. We examine when the trustee's inaction legitimizes the debtor's intervention and the substantial differences between the ordinary civil and tax law scopes.
Extraordinary administration and stay of proceedings: the decision of the Court of Cassation in judgment no. 30728 of 2025
The Court of Cassation, in judgment no. 30728 of 2025, clarifies the rules for appeals in the event of the dismissal of an objection regarding the stay of proceedings due to the debtor's admission to extraordinary administration, confirming the role of the petition for regulation of jurisdiction.
The reasoning of the judgment between plurality of grounds and clarity: Order no. 30721 of 2025
A detailed analysis of Order no. 30721 of 21/11/2025 of the Court of Cassation regarding the plurality of arguments in the reasoning of the judgment and the correct identification of the ratio decidendi for the purpose of appeal.
Inadmissibility of the appeal to the Court of Cassation in composition with creditors proceedings: Judgment no. 31176 of 2025
The Court of Cassation, in judgment no. 31176 of 2025, clarifies the limits of the extraordinary appeal pursuant to Article 111 of the Constitution against the denial of a composition with creditors without the opening of judicial liquidation, outlining the non-decisory nature of the provision.
Extinct company and bankruptcy: can the liquidator file a complaint? The ruling of the Court of Cassation in Order no. 30981 of 2025
The Court of Cassation, with order no. 30981 of 2025, clarifies the standing of the liquidator of a joint-stock company already removed from the business register to challenge a bankruptcy judgment. A fundamental decision protecting defense rights in insolvency proceedings.
Confirming deposit and contract termination: interpretation of the claim in Ordinance no. 29482 of 2025
How should a claim for contract termination be interpreted when the retention of the deposit is requested? The Court of Cassation, with Ordinance no. 29482 of 2025, clarifies that the judge must consider the substance of the claim rather than the mere nomen iuris used by the parties.
Subsidized Housing and Maximum Transfer Price: The Suspension of Proceedings according to Court of Cassation Ruling no. 29368/2025
The Court of Cassation, with ruling no. 29368 of November 6, 2025, clarifies the relationship between the application for release from price constraints and the claim for recovery of undue payment filed by the purchaser of a property at market price. Discover how the release process suspends civil proceedings.