Understanding Legal Concepts of Damage in Jurisprudence

Welcome to our curated collection of articles focusing on the legal concept of damage in jurisprudence. Stay informed on the latest rulings and analysis in this area of law.

Bianucci Law Firm
Usurpatory and Appropriative Occupation: Commentary on Judgment No. 18222 of 2024

Let's analyze the recent Order No. 18222 of 2024, which clarifies the distinction between usurpative and appropriative occupation, and the possibility of requalifying compensation claims. Discover how case law has evolved in the field of expropriation for public utility.

Bianucci Law Firm
Commentary on Order No. 20036 of 2024: ordinary jurisdiction and damages compensation.

Let’s analyze order no. 20036 of July 22, 2024, which clarifies the jurisdiction of the ordinary judge in the event of a claim for damages following a negative vote by the Revenue Agency in a preventive agreement.

Bianucci Law Firm
Pollutant Emissions and the Jurisdiction of the Ordinary Judge: Commentary on Ordinance No. 18472 of 2024

The recent ruling of the Court of Cassation clarifies the jurisdiction of the ordinary judge in disputes between private parties regarding pollution emissions, highlighting the importance of injunctive and compensatory actions without diminishing the protections for subjective rights.

Bianucci Law Firm
Commentary on Judgment No. 26223 of 2023: Compensation for Damage and Continuing Offense

We analyze ruling no. 26223 of 2023, which clarifies the methods of applying mitigating circumstances in the case of damage repair in contexts of ongoing offenses, and the principles of attributing the amounts paid.

Bianucci Law Firm
Commentary on Judgment No. 27050 of 2023: Damage and Oversight of the Owner.

The Court of Cassation clarifies the circumstances that exclude the qualification of aggravated damage in the presence of the owner inside the commercial establishment. A thorough analysis of ruling no. 27050 of 2023.

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Commentary on ruling no. 28269/2023: the insignificance of the damage in the crime of robbery.

The Court of Cassation, with ruling no. 28269 of May 31, 2023, clarifies the criteria for the configuration of the mitigating circumstance of minor damage in the context of the crime of robbery, highlighting the importance of a comprehensive assessment of the harmful event.

Bianucci Law Firm
Analysis of Judgment No. 51735 of 2023: The Assessment of Damage in Continuous Offense.

Judgment no. 51735 of 2023 clarifies how the assessment of property damage should occur in cases of continued offenses, highlighting the importance of considering each individual offense and not the overall damage.

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Commentary on Judgment No. 51160 of 2023: Proof of Damages in Compensation

Judgment No. 51160 of October 31, 2023, of the Court of Cassation clarifies the requirements for general condemnation to compensation for damages, highlighting the importance of the causal link and the potential harmful capacity of the damaging act.

Bianucci Law Firm
Commentary on Judgment No. 10837 of 2024: Compensation for Actual Damages and Taxation.

Let's analyze the recent ruling of the Court of Cassation that clarifies the taxation of compensation for damages, distinguishing between registration tax and VAT, to provide a clear picture of the legal and tax implications.

Bianucci Law Firm
Medical Liability: Commentary on Order No. 11137 of 2024 on Damage Compensation.

A thorough analysis of Order No. 11137 of 2024, which clarifies relevant aspects of medical liability and compensation methods, with particular attention to amendable damages.