Recent Italian case law

The following texts are extracts from the judgments of Italian Courts. More judgments to come!

(January 11, 2019)

Marriages in general

According to article 5, par. six, of law 898/70, after the amendments introduced by law 74/1987, the recognition of an alimony check, to which a function of assistance that is both compensatory and equalizing must be attributed, requires verification of inadequate means (of support) or in any case, of the impossibility of supporting oneself for objective reasons….. and in particular in light of a comparative evaluation of economic-patrimonial conditions of both parties, in consideration of the contribution to family life and to the formation of common and personal assets provided by the one requesting alimony from his/her former spouse, in relation to the length of the marriage and the age of he/she who has a right to such a check (Cass.Civ., Sez.Unite. July 11, 2018, no. 18287).

Real estate

The right of a mediator to compensation (payment of fees) arises every time in which the conclusion of the deal has a causal relationship to the intermediary activity, as it is sufficient that the mediator – without having necessarily intervened during all the phases of the negotiations, and even when there has been a complicated and articulated process of formulating the desires of both parties over time – has put the parties in contact with one another, thus creating the indispensable ante factum needed to reach a conclusion of the contract, according to the principles of adequate causality. (In the specific case, the S. C. excluded that an intervention by a second mediator would interrupt, per se, the link between the activity of the first mediator and the conclusion of the deal) (Cass. Civ., Sez. II, January 16, 2018, Ord. no. 869).

(January 8, 2019)

Damages

The maximum time limit for requesting compensation for damage resulting from a road accident is two years whenever the damage is the result of a vehicle circulating on the roads and, in particular, not only when there is an accident involving two or more moving vehicles, but also in the case of a single vehicle despite whether the dynamics of the accident are complex or clear (Cass. Civ., Sez. III, November 30, 2018, Ord. no. 31003).

Medical professional liability

Medical culpability on the part of the anesthesiologist must be excluded when it is ascertained that the crises suffered by the patient is to be ascribed to the original clinical situation. It must be taken into account that the event was foreseeable but not necessarily avoidable, even when following the most advanced, state of the art medical procedures (Cass. Civ., Sez. III, April 3, 2014, no. 7770).

You can find more Italian case law in our previous guide The residence permit, the expulsion of foreigners, and Italian citizenship: recent Italian case law

The purpose of this post is exclusively informative/divulgative. Vademecum Italia, therefore, invites readers to read the entire text of the above judgments in order to properly understand their meaning or to ask a lawyer for further assistance.