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Arriving a bit late, but today my son Luke asked me to give him a tricolor cockade to take to school tomorrow because I just finished, what better occasion to wish all

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Criminal Cassation 10411/2011 if you go with the red and murder

Criminal Cassation 10411/2011
Traffic accidents: If you ran a red light is murder
ran a red light and invest a passer, means working with voluntary and, therefore, may well emeregere the crime of murder volontario.E 'this principle expressed by the Supreme Criminal 10411/2011 (click HERE to read the text disclosed by Sole24Ore).

16/03/2011

http://www.ilsole24ore.com/pdf2010/SoleOnLine5/_Oggetti_Correlati/Documenti/Norme% 20e% 20Tributi/2011/03/10411_2011ok.pdf? Uuid = ba3785d4-4fb4-11e0-AC33- 25e948578dc0

Extract from: http://www.diritto-in-rete.com/sentenza.asp?id=1030

Rubbermaid Configurations Closetmaid

Supreme Criminal Appeal 3674/2011

Criminal Appeal 3674/2011
The journalist should not do processes: what the courts!
The journalist should not influence the key player in colpevolista.A each his own: the investigators responsible for carrying out the investigations to the court to determine the truth, the task of the journalist give notice, in the exercise of the right to inform but not to influence the collettività.13.2.2011

Cassation, sez. V Penal 10/27/2010 - 01/02/2011 No 3674

Conduct of case

With sentence 09/21/2009, the Court of Appeal of Rome, in the reform of the court's ruling S.5.06 the same branch, said not having to take legal action against RTC for the death of the accused, confirmed, in respect of GHP, the declaration of extinction for statute of limitations for defamation to the detriment of BS. GH defender has lodged an appeal for the following reasons: 1. violation of the law with reference to Article. Cpp 129, paragraph 2, for failure to recognize the outcome of freedom of the press. The Court of Appeal has recognized the merits of the defense argument, that the correspondence between what is narrated (the statements of the collaborator with justice, the financier Ra.) And what happened does not affect the fact that those statements were contained in an official report secret. He also recognized that the control over the veracity of the news should not extend to the veracity of reported the collaborator with justice, but only to the correspondence between the content and the text of the article. From this premise did not draw the logical conclusion on the evidence of proof that the disputed fact is not a crime, for exonerating the exercise of freedom of the press. He however noted that considerations were contained in statements taken from other other parties involved in the investigation into alleged funding of the mafia group Fininvest. These additional considerations appear directly to validate the credibility of the declarant, realizing the function of feedback, which must be called to the exclusive jurisdiction of the court. According to the applicant, this reasoning is self-contradictory: the freedom of the press is also exerted by informing readers that, in the same survey, there are other statements that are to be linked with the first already mentioned. Given that these other statements were accurately reported, evidence of the truth of the facts should be considered obvious, hence the evidence of the cause of justification, as laid down in Art. Cpp 129, paragraph 2. 2. lack of reasoning: the court did not explain the reasons for which best reflect the statements of Ra. in exercise of the freedom of the press and, instead, best reflect or have other statements reported the contents of other documents (listed in detail and filed in this case) precludes the configurability of the justifications, at least in terms of "evidence." The apparent illogicality of the grounds of the lack of feedback on each step, and Article lack of indication of any of the profiles of its defamatory affermazioni.Motivi decisioneIl of action does not deserve accoglimento.L 'extenuating circumstance invoked in this process is those involving the exercise of the right to inform the public on the progress of judicial investigations against other subsidiaries, namely the right to report legal proceedings. E 'interest of citizens to be informed of any violations of criminal and civil rules, know and control the progress of the investigation and the reaction of the organs of the state before the illegality in order to be able to conduct assessments on the state aware of the institutions and the level of legality that characterizes the rulers and the ruled, in a particular historical moment. According to a shared interpretative guidance, the right to report news, judicial or otherwise, falls under the broader category of subjective public rights relating to freedom of thought and the right of citizens to be informed so that they can make informed choices in of social life. And 'the right of society to receive information on who was involved in a proceeding criminal or civil, especially if the players have positions in social, political or judicial. Slope of criminal investigations and court findings against a citizen, they can not be granted the right to protect its reputation when the limits of freedom of the press are respected, the lesion loses its character as antigiuridicità. It should however be noted that the reputation of the person involved in criminal investigations and is not protected with respect to statements of facts and the expression of critical opinions, as long as they are in connection with the operation of the process. That falls in the exercise of freedom of the press to report court proceedings investigations and proceedings by the State censors coming, but not allowed to carry out reconstruction, analysis, evaluations tend to precede and complement activities of law enforcement officers, regardless of the results of these activities. E 'therefore in stark contrast to the right and duty to tell the facts already occurred, without indulging in narratives and assessments "for future reference, the work of the journalist who confuse news about events that occurred on prognosis and future events. In doing so, he, independently, suggests and anticipates the evolution and outcome of investigations into key culprits, compared with no beginning and no official investigation concluded, without being able to demonstrate the reliability of these investigations and private correspondence to the historical truth of their outcome. It offers citizens a process agarantista, before which the citizen concerned, as the only guarantee of protection, the lawsuit for diffamazione.E 'therefore fully agree with the decision of the contested decision, where, in this case, exclude the evidence of proper exercise of freedom of the press, institutionally recognized for information of events have already happened: the reporter's statements integrated with other data source finding a match, making the investigation and evaluation function called to the exclusive jurisdiction of the court. E 'therefore fully consistent with the findings of the proceedings and their rational evaluation, the conclusion of the court on the merits, that the published text can not be considered an aseptic reproduction of statements - regardless of their privacy - Ra., but an articulate speech, including other historical data, tends to support unequivocally the truth the content of these, compared with their ongoing investigations to ascertain this verità.A each his own: the investigators responsible for carrying out the investigations to the court to determine the truth, the journalist with the task of giving notice exercise of the right to inform, but not to influence the collettività.L 'lack of truth of the facts narrated - funding from the ascendant mafia manager of information and entertainment television-smear involves the apparent charge of the narrative and the total absence of evidence to the proper exercise of judicial reporting. The appeal is therefore dismissed with costs and the applicant to pay the court costs and to pay the costs incurred by the plaintiff, paid by a total of € 1200.00, as well as accessories for legge.PQMRigetta the appeal and ordered the applicant to pay the costs and to pay the costs incurred by the plaintiff in a position, paid by a total of € 1200.00, as well as accessories for the law.

Instructions To Monopoly Junior

civil Sezioni Unite, 02.08.2011, No 3034-Confidentiality and right to defense

Supreme Civil SS.UU. 3034/2011
privacy and right to defense.
The general rules relating to the processing of personal data undergoes exemptions and exceptions in the case of enforceable right to fair hearing, the modes of implementation are governed by the Code of ritual. 15/02/2011,

Civil Cassation, United Sections, 8.2.2011, n. 3034

Conduct of case

an action brought pursuant to Legislative Decree no. 196 of 2003, Art. 152, AG, after having said to be part of a divorce proceeding is pending before a court in Milan to be the occasion was witnessed by the lawyer. ZEV, while the counterparty CLEM was assisted by the lawyer. BDPA and FA, which during the proceedings the magistrate with Order reserved admitted evidence of witnesses and order the production of bank records applicant refers to it in five bank branches, as well as those relating to a credit card: American Express, the lectures at the Catholic University and Bocconi University in Milan, models 750 U 2004 - 2007; that the defense of the party, not news of the request sent by the applicant directly to the institutions concerned in the spontaneous fulfillment of the order, dated 09.01.2008 was served on each copy of the first page of the transcript of the hearing of 12.12 .2006, a copy of the minutes of proceedings of 12.5 and 6.11.2007, the copy of the order of 28.11.2007, that these initiatives would have been illegal under various aspects, in particular the fact that the minutes of the hearing would have contained sensitive data on the health of this applicant, as those used by the holders of their treatment (in this case the lawyer. and A. BDP) with only the adoption of measures to protect the person concerned, in this case is not taken, now, therefore, asked the court to order the defendants would have to pay a provisional basis, subject to compensation, equity or otherwise, resulting from severe depressive form that would be manifested as a result of alleged violazione.I two lawyers represented the defendants. BDP and A were set up, claimed to have heard of the capture of documents by the data after the request for notification of the order of presentation and that the applicant's request was not justified in three ways: a) that the rules on the protection of personal data would exclude from the discussion on those related to judicial treatment b ) that would not require your consent to the processing of data, when it comes to asserting his right to trial; c) that the alleged harm would insussistente.Il court rejected the claims, holding that there was no infringement of rules concerning personal data in the conduct of the party in a civil trial, he had served on a third measure which order of presentation of documents issued by the judge during the judges noted in particular processo.In regard, that production order document was addressed to the applicant by delegation to the defendant (who apparently had called the measure ", p. 6) for its notification the institutions concerned, and that the proposed ordinance made by the spontaneous fulfillment applicant should be interpreted as a simple request for replacement of the counterparties in the on arranging the necessary notifications to banks, and then as an instance of taking the burden on his own Executive entrusted to others, whereas, in other words, if the 'A. have paid for the execution of the order as proposed "would not have behaved very differently then the conduct complained of "(p. 7), that would still not apply the rules relating to the processing of personal data, having been mentioned in the same sector (of Justice) delivered from the rules laid out in general, which ultimately would be no proof of the existence of damage A. risarcibile.Avverso the decision appealed to the Supreme Court assigned to seventeen grounds, which resisted with BDP and A. controricorso.Entrambe parties filed the case was finally decided the outcome memoria.Successivamente public hearing of the 7.12.2010.Motivi decision1 - A. With the grounds of appeal has denounced respectively: 1) invalidity of the sentence for violation of Article. 112 cpc arising from the fact that the court, when considering the issue brought before it, failed to consider the profiles relating to the alleged violation of the right to the protection of personal data arising from the order and full notice of the proceedings of the hearing, that's vice versa would formed "the basis of the action and the same applied for", 2) lack of reasoning in terms that the ruling did not take into account the issue on the protection and the limits of the protection of personal data, thereby circumventing the motivation substantial object of the process, 3) violation of the law in relation to the claim notice to the third holder of the documents of the entire order of presentation and contemporary denial of the obligation to have recourse to authentic extracts for the purpose of such notification; 4) violation of the law with respect to the claim that the chancellor who had been notified to the various services concerned should have addressed the entire order in which eight separate orders of performance, and this without any verification of the effect of this outcome on the management of personal data and sensitive and it would be wrong to claim that in disputes relating to separation and divorce notifications indiscriminate acts and documents would be of widespread and uncontested application, 5) lack of reasoning in relation to the assumption that the applicant would still proceed with full notification the third order of presentation and the chancellor should have notified to each recipient each order of presentation contained in the Order, is not relevant, under the appearance indicated that the number of orders had been issued with the adoption of a single document; 6) lack of reasoning with respect to the claim that in the process of separation and divorce would be established to run the practice alerts "pervasive and pervasive" as the present one, the relief it would be wrong and that wrong would complement the defect " administrative law known as the misuse of power "; 7) violation of the law expressed in relation to proceedings for which the data processing function the respondents was carried out for reasons of justice, which would make legal their actions and this opinion would be defective in the two aspects that the regulations would give to the courts, not the lawyers, the ownership of the data processing and otherwise said the owner would be required to comply with the requirement laid down in legislation to protect the confidentiality of personal data and sensitive venendosi otherwise result in unreasonable absolute immunity with respect to obligations related to the conduct of the process; 8) violation of the law because the D. Legislative Decree No. 196 of 2003, Art. 47, contains exceptions to the application of the rules dictated in general, not among the exceptions that would be listed on notifications in the activity of justice, the exceptions would be mandatory and this would mean, "contrary to" the full applicability of other provisions of Legislative Decree No 196; 9) violation of the law for breach of Legislative Decree no. 196 of 2003, Art. 11, comma 1, lett. a) and d), which requires that personal data must be "treated legally and fairly" and they must be "relevant, complete and not excessive in relation to the purposes for which they are collected and further processed", which is not you would have occurred in this case, 10) violation of the law in relation to denied the right to compensation, which should have been vice versa state because of the illegality of the conduct put in place by the defendant and the resulting civil liability that would result; 11) violation of the law (Legislative Decree no. 196, 2003, Art. 17), for failure to assess the case in relation to the measures and the measures that could be taken as a guarantee of an individual (such as the use of authentic extract), which would be apparent omission giving rise to the offense and which would then cause the damages, 12 ) violation of the law with regard to the statement "absolute lack of any evidence on the existence of damages payable" on the contrary, there was specific complaint in this regard, with specific reference to the injury of the fundamental values \u200b\u200bof the person, the state of depression which would be chargeable leaving the occupation and the aggravation of the disease as an effect due to the aggressive behavior of the respondents, the damage caused to the image of ' knowledge been the recipients of the order of presentation of his dealings with the IRS and its alleged strategy (removal from the register to affect the economically ex-wife and children) in the context of family relationships, greater uncertainty professional future for its position as a university teacher is not stable; 13) violation of the law on the grounds that the court would place based on the decision two opinions of the Guarantor for the protection of personal data is not produced by the parties, and therefore can not be used; 14) failure to state reasons for judging the place based on the decision two opinions of the Guarantor referred to sub 13), opinions , if considered their proper (and contentious) acquisition, ye say not relate to the external data and do not apply to justify an exception to the general rule; 15) violation of the law for failure to compensate for the costs of litigation, which should have been vice versa be declared since the new issue, concerning the respect of fundamental rights, the proposal for more from the weakest part of the report; 16) violation of laws concerning the inviolable human right "to privacy," violated the law established the prevalence of the civil code and civil procedure up to those provided in Legislative Decree no. 196, 2003; 17) violation of the law with reference to the privilege granted by the lawyer to avoid the provisions contained in Legislative Decree no. 196 of 2003, which is in conflict with the regulatory principles contained in higher-level systems, and the principle of constitutional equality garantito.2 - Look at the Board that the issues underlying the alleged erroneous decision under appeal, as seen from an examination individual reasons, relate to: a) to claims of infringement proceedings under Article. 112 cpc, because it would not be caught, processed and reasoned profile of infringement of privacy (the first and second plea), b) the challenged correct execution of the notification of the order of presentation in its entirety (third, fourth, fifth, sixth, eighth, ninth plea ), c) incorrect identification of the holder of the processing of personal data subject to judicial review in the office at the hearing the case in which the deficiencies would have occurred, rather than the legal counsel for the party in whose interest they might have data processing (seventh ground), d) denied the configurability of the right to compensation (tenth, eleventh and twelfth grounds of appeal), e) the seals use, for the decision, documents and products not mentioned by the parties (the thirteenth and fourteenth reason), f) to condemn it to the applicant pay the costs, which would be contrary to compensate (fifteenth reason) g) to the lesion the inviolable right (to privacy), that recognized by supranational legislation (sixteenth and seventeenth reason) .3 - If those mentioned under 2 are, therefore, be to matters before the Court, it should be noted that some of the reasons for censorship are ineligible for breach of art. 366 bis cpc, then in force, as on the other hand also formally objected by the fact that Article controricorrenti.Ed provided that the picture of each ground, in the cases referred to. Cpc 360, subsection 1, nos. 1, 2, 3 and 4, it should be concluded with a question of law, and in the provisions of art. Cpc 360, subsection 1, No 5, but should contain a clear indication of the fact in issue, the requirements that have been consistently interpreted by this court in the sense that, in the first case, the applicant should proceed to laying down a principle of law relating specifically to the decision other than to place basis of the contested decision and, second, should single out a moment of representative summary of the relevant facts in relation to which the reasoning takes carente.Tali characteristics are not found in the first, in the second, in the fifth, sixth, ninth and tenth reason, which basically does not envisage a shared assessment of the substance in relation to the evidence obtained and therefore are inammissibili.4 - Coming then to the individual issues identified above, and those deemed ineligible relating to alleged breaches of the law of the case for lack of correspondence between the requested and delivered (art. 112 CCP) - derived in terms of perception of the failure on the invasion of privacy - for faulty wording of the question of law (the first reason ) and time of synthesis (second reason), the other detects it is unfounded for the reasons below considerate.4 - 1. The crux of the dispute is identifiable in the alleged harmfulness of notification of an order of presentation made in a civil trial in its entirety, in accordance with the instructions of the judge, in terms of violation of rules laid down to protect riservatezza.L 'order of appearance as that implemented in accordance with the instructions of the judge, was in fact executed by the party delegates that he had called for the issue, with the notification of the measure and some record of the hearing, in those reports would be referred to data Personal and sensitive today's applicant, the notification would have been executed in relation to different recipients, each of which asserted holder of the document you intend to acquire a whole, the effect would be achieved, therefore, would have been identifiable nell'illegittima dissemination of personal data, which conversely would have to remain confidential and that they should be treated in accordance with the regulations on privacy. The question that arises, therefore, be identified in the identification of the relationship between the rules dictated by the code of ritual and that resulting from the law on the protection of personal data and methods of their coordination when, as is assumed in this case, not coincidenti.Al regard, it should first be noted that the Legislative Decree no. 196, 2003 (Privacy Code) reads as follows: a) that excludes the right to object to the processing of data by the data provided by art. 7, where the processing takes place for the exercise of the right in court (Article 8 paragraph 2 letter. E), b) the processing of personal data does not require the consent of the cases where the processing takes place to defend a right in court, and if the data are processed exclusively for said purposes and for the period necessary therefor (Article 24), c) that the ownership of the processing of data in the judiciary must be identified in part of the Ministry, the CSM , to the courts, with reference to their respective powers (Article 46), d) is not applicable in its the general rules on the processing of personal data, where the same are collected and managed as part of the process (art. 47). The relevant exceptions to the general rules which reference is now made, therefore, constitute clear evidence of the peculiar importance attached by the legislature to right to act and to defend himself in court, a right constitutionally guaranteed, the legitimate purpose of the exceptions than the ordinary regime, in order to ensure effective protection. In this sense the other hand, this Court has consistently expressed in non-frequent decisions on the matter, with which it affirmed its derogabilità the aforementioned rules protecting the confidentiality of data personal when its processing is deployed to defend a legal interest, and in so far as is necessary for the protection of that interest (09/15327 C., C. 09/3358, 08/12285 C. , C. 08/10690, C. 03/8239, the latter in particular with reference to the dispute involving the alleged breach of a privacy protection would be determined by a garnishee order, ie from one form provided for enforcement of the order). In other words, must be considered that the general rules relating to the processing of personal data is affected by exemptions and exceptions in the case of enforceable rights of defense, whose implementation are governed by the Code of rito.Ciò means that in such a place have to find different composition requirements (protection of the confidentiality and proper execution of the process), if inconsistent, as a further consequence, that the rules governing the process must be given the special nature than those contained in the code of privacy and against them, then, in case of conflict, must prevail. It is true, as suggested by the applicant, that the rules laid down in the code of ritual, enacted in time before the entry into force of the privacy code, has ignored the issues related to privacy protection. The proof is in fact contrary to the recent intervention the amendment of the Articles. 138 and 140 of the CPC, (Legislative Decree no. 196, 2003, Art. 174) in terms of service (which on one side, favoring the hypothesis of the delivery to the recipient's own hands and, secondly, provide placing it in a sealed envelope in the case of service not in their hands), attention in this regard, however, shown by the legislature to dictate the rules in terms of performance (Articles 210 and 118 CCP), which make the issue of order on the dual requirement of its indispensability to the knowledge of the facts and the absence of serious damage to the extent that the subisce.Partendo then the premise that the provisions governing the process are of special provisions on confidentiality, than those contained in the general code of privacy, and that the former are not subject to such additions as having reflected the legislature's already cured and being relevant in this regard after the corrective action after it considers necessary, further aspect to consider is that on accordance with the manner of execution of the notification of the order of presentation in question to the regulatory model, which question must be answered in fact positiva.Ed art. 76 disp. att. Code, provides that those papers and documents in the files of the office can be consulted by the parties that may acquire a copy; art. 134 Code, provides that in case of an order issued out of court (as here) it was written in the bottom of the report or on a separate sheet, a fact that the legitimate issue of certified copies of both documents, art. 95 disp. att. part of the CCP imposes the obligation to notify the entire measure; art. 137 of the Code of Civil Procedure requires that the notification should be made by delivery of certified copy of the act to notificare.Deve therefore concluded that it is theoretically legitimate use of personal information of others in order to justice, and if the act case that contains it appears to have been put in place in compliance with the Code of ritual is not configurable to any violation of the right species privacy.Nella the notifying party has operated in compliance with the rules dictated Rite in the code, and this is sufficient to exclude the ipotizzabilità the alleged infringement. It must also be in regard, that in light of the clear provisions of Legislative Decree no. 196 of 2003, Art. 46, the data controller of personal data should be identified in the office prosecuting authority, and then the investigating judge that in this case represented him, a judge has ordered that in the above sense delegating the requesting party is simply the implementation of what he established . to want to opine otherwise you should consistently held that, despite a court order the data controller of personal data in the preliminary investigation and despite the undeniable accordance order that the rules in force, the party delegated to run, in his new capacity as owner of the data acquired as a result of the judge's ruling, that fact alone has the burden of verifying compliance with the principles of the concrete proper, relevant, not excessive, which must be implemented in the processing of personal data (Legislative Decree no. 196, 2003, Art. 24, paragraph 1, lett. f, and, in law, 09/15327 C., C. 09/3358, C 08/12285, with reference to Law No. 675 of 1996, Art. 9 letters. a) and d), then in force). The power of review against the drafter of the court decision implicitly given the physiological consequences which can of any non-compliance with respect to their order, with the related effects of sanctions on the procedural level (NULL, ineligibility, disqualification) for non-performance of the act within the time specified. Also setting hours outlined also follows a negative impact on the right of defense of the services concerned for the performance part, either forced to suffer the adverse consequences related to violations of the law on protection of personal data purely procedural or those arising from uneven enforcement of ' order of the court. On the other hand is not even true that this idea (the one that is not sindacabilità of the decision of the investigating judge on the stage of execution) follows a limitation and a compression of the right of defense of the complainant the violation of the rules governing data protection personali.Eventuali demands aimed at ensuring adequate protection on this point may well (and indeed on the basis of the above should) be proposed the investigating judge (which is not the result have occurred in this case), that during the enactment of the measure could take any action deemed appropriate to riguardo.Come final remark on this point does not seem useless then consider that the applicant has not shown the content of documents alleging the improper transmission, omission which does not allow a breach occurs in order duties of fairness, relevant, not excessive (to be made on the basis of a balance between defense needs and those of confidentiality) in the treatment of personal data, and therefore determines the configurability of a defect of lack of self-sufficiency in this respect. 4 - 2. The unfounded allegation concerning the alleged illegality of the order of presentation in its entirety (third, fourth and eighth reason) then determines the absorption of complaints concerning the alleged incorrect identification of the owner of the Personal Data (seventh plea ), denied the right to compensation while on time indicated (eleventh and twelfth reason), use has been made for the purpose decision, documents and products not mentioned by the parties (the thirteenth and fourteenth reason), the compatibility of the decision affirmed the principles set forth in international and supranational inviolability of the right to privacy (sixteenth and seventeenth reason) .4 - 3. As for the disputed ruling on costs, which were erroneously not included, is sufficient to note here that the decision on that point is in line with the provision of the law that charges fees to the unsuccessful, while the possible compensation of the same shall be referred to discretion of the trial judge that in this case, with final decision here, has decided not to use of that power. 5 - concluded the appeal should be dismissed, with offsetting the costs of the proceedings concerning, given the novelty and the sensitivity of the issues proposte.PQMRigetta the action and compensate for the costs of legality.

Extract from: http://www.diritto-in-rete.com/sentenza.asp?id=1021

Bobby And Jack Party Stuff

E 'attachable share corporate lawyers

Court of Francavilla Fontana - Brindisi, 02/01/2011

E 'attachable share Corporate

Article. 671 Code of Civil Procedure, referred to in the art. 2905 cc, it allows the attachment of the debtor's assets "to the extent that the law allows the seizure" and equity participation, as it potentially has a positive economic value, may be heading in the abstract of the assets of each partner in terms of art. 2740 cc16.2.2011,

COURT OF DETACHMENT BRINDISISEZIONE FRANCAVILLA FONTANAORDINANZAn. 902/S/2010 RGCIl Judge read the appeal pursuant to art. 671 cpc proposed by V. against P. to require the attachment of the portion pertaining to him of the "G." snc, alleging the existence of a claim of € 16,821.00 (under the Decree No 279/2008 declared provisionally enforceable injunction art. 648 cpc pending opposition by order of 17.12.2009 No court in the 34/2009 RGC) and the well-founded fear of losing the guarantee of the same due to the sale of that shareholding to a third party, noted the presidential decree of 12.11.2010 transmission of the original hinged to the Court of Brindisi, read memory Constitution presented by the defendant, who has argued for the inadmissibility of the appeal prior to the absence of the object of legal concern, in seizing on a partnership, then arguing at length in support of the contention that the conditions required by the standard ritual for the Invocation care grant, which called for the dismissal of charges on the merits with victory, after hearing the parties, examine the documents, held jurisdiction under Articles. 669-ter, 669-and 678 quaterdecies Code, read the notes authorized only by the appellant filed on 29.12.2010 and the additional documentation required by order of the hearing on 12/01/2011 and filed 01/25/2011,

NOTES

At the outset, the interlocutory application is deemed admissible, contrary to the defense pleaded by the defendant. As you know, art. 671 Code of Civil Procedure, referred to in the art. 2905 cc, it allows the attachment of the debtor's assets "to the extent that the law allows the seizure and the holding company, as potentially has a positive economic value, may be heading in the abstract of the assets of each partner in terms of art. 2740 cc, from a corner three perspectives: 1. it states as the foundation of the right to collect corporate profits, on which the art easily. 2270, paragraph 1 cc (rule also applies to the SNC in the light of the general call in art. 2293 cc, because compatible with the structure of all societies of people) admits the possibility for creditors to enforce the member's particular his rights on the profits accruing to the debtor and then to proceed with the seizure and attachment to them. However, in this case the appellant did not raise the existence of a distribution of profits or distribution, 2. based participation and the right, in the event of dissolution of the relationship as opposed to the individual shareholder (the causes of which are governed by Articles. 2284 et seq. cc) or society as a whole, for a share of the positive result of the liquidation . On these sums (or substantially similar to expected future claims), provided the art. 2270, paragraph 1 cc enables the creditor of the particular member to take "protective measures", but while the company may simply be the same lender, said sums being insufficient in the case of other goods, at any time to require the liquidation of the debtor's share of social (which must take place within 3 months), general partnership in which the "..." instead of this option is ruled by art. 2305 cc and what better guarantee of the entity, which would undoubtedly shaken by the ability of creditors of a shareholder to break down in such cases, the social structure. In fact, even this conservative caution was required, because the business profile and articles of association (Article 4) shows that the natural expiration of the company has been set at 31.12.2050 and therefore would not be logically feasible to wait until then, nor would be possible for the old man explains the opposition to the extension of the company resulting in wound up pursuant to art. 2307 cc 3. which intangible property rights which belong within the various corporate governance, participation is then (see paragraph on Cass. Civ. January 30, 1997, n. 934 and Cass. Civ. November 10, 1992, No. 12087), also in itself an asset value. And 'in fact been clear for some time that the shares in both companies' capital (effective, or not represented by shares) of companies that people (ideal), contractual positions are "targets", subject as such to be negotiated being equipped with an independent "exchange value" which can be recognized as "legal interests" (Cass. December 12, 1986, No. 7409, 23 January 1997, No 697; January 30, 1997, No 934, June 4, 1999, No 5494, May 26, 2000, No 6957). It 'just on this last aspect that seem to have concentrated the requests of the applicant creditor, and it is therefore necessary to consider the complex pignorabilità of that law, since it must be expected to achieve as well sottoponibilità abstract of the same attachment to the view' assimilation brought about by art. 671 cpc On this point, the traditional view in doctrine tended to dell'impignorabilità solution, arguing that participation in a partnership is characterized by a kind of intuitus personae, to the extent that Article. 2252 cc requires the unanimous consent of all members, unless otherwise agreed, to change the social contract and thus to change the team in the constitutive act with subjective deliberate disposal to others of a "quota". However, recently the Court of Cassation (see Cass. Civ., 7 November 2002 No 15605) has admitted the seizure of the shares in the event that the memorandum provides for the transferability of prejudice to the need to preserve any terms Pre-emption also contained in the social contract. In essence, in the opinion of the judges of legitimacy, the fact itself from the outset to have provided the transferability of shares, suggesting that the intuitus personae in the individual case, steps into the background, so we can proceed to foreclosure. In another examination of this Court, the charter of the defendant company art. 9 seems to have been structured in this direction, for the right of first refusal and the consent of the other shareholders in case of transfer, but since they are only 2 members in total, including Palmisano and the other partner has a minority participation is absolutely (5%), so much so that in relation to this position has already been a change in corporate as an act of the 01/29/2008 instead of B. D. came, in fact, the transferability of the quota is to be considered free, which makes the same abstract attachable and thus amenable to attachment. Moreover, precisely because the members are only 2 in fact could not even operate the above preemptive right, otherwise the company would have been at risk of dissolution to be less governed by the plurality. 2272 No 4 ccTutto this place, in order to establish a prima facie case, and with reference to the exception related to the slope of Judgement No RGC 34/2009 of opposition to the injunction declared provisionally enforceable, it should be stressed that the procedure for attachment to the degree of certainty that the claim is deemed to have driven the investigation must be assessed consistently Type summary assumes that the protective order, in fact, it is settled case-law, it is essential that credit, but may not meet the criteria of liquidity and enforceability, both current and likely exists (see eg. on this point, Cass. Civ., January 28, 1994, n. 864). In this case, the arguments and allegations put forward by the applicant to support this view probable existence and relevance, since in general, pursuant to art. 648 cpc exequatur the court behind the granting of provisional enforceability of the order opposite, although brief, taking into account, a prognosis, and the reasons for opposition (Which in this case was not considered based on the written test or for a speedy solution) is that there is adequate proof of the facts constituting the right claimed by the opposite, according to the canons of the ordinary proceedings of merito.Con periculum in regards to the notice, the objective evidence adduced by the applicant (Chamber certificate certifying its participation to 95% in the CNS with only one other member, the cessation of all directorships from 31.01.2008, the capacity of the company's assets because the act of buying of equipment for the € 70,805.00 30/01/2007; report negative attachment securities made September 13, 2010 against the Father, no doubt recalcitrant to honor Enforcement Orders imposed upon him) and the behavior assumed by the debtor himself, which in appearance and answer voluntarily admitted to not having other movable or immovable property and therefore the state holding company integrates its only source of livelihood, are serious indications, precise and consistent art. 2729 cc to find that there is a real fear of losing the guarantee of the Old Capital (also in light of the foregoing in order to substantially free transferability of shares to third parties) and therefore this precautionary measure to grant the guarantee patrimoniale.Non must also do so, as well as requested by the applicant in the notes authorized filed on 29.12.2010, the appointment of a custodian of the share subject to precautionary measure, primarily because this is not provided by the rules of ritual (the art. 676 cpc concerns only the fact that seizure was also not only for managerial and conservative), in secundis why this requirement should not strictly speaking not even be necessary in carrying out the seizure in terms of art. 675 Code of Civil Procedure and the shape of the seizure under Article securities. 678 Code of Civil Procedure or comparable applications, in accordance with the most advanced doctrine, the rules governing the seizure of shares governed by the today srl. As a 2471 cc in the presence of intangible movable property not susceptible of possession, it should also be excluded that may be relevant, for purchases after the seizure itself, the last piece of art. 2913 cc, and then affixing each subsequent purchase of the bond may not still be opposed to creditore.Infine, despite the acceptance will not be necessary to set a deadline of Article. 669-g cpc for the introduction of the proceedings, in the circumstances, the trial proceeding that seeks the sentence and the subsequent conversion of the executive order in foreclosure in accordance with art. CCP 686 is already pending before this office and this is what No 34/2009 in which RGC No injunction 279/2008 for which shall have been declared provisionally enforceable. The Registry could not noticing that since the use of pre-trial was originally hinged to the Court of Brindisi and only later was sent to this section by presidential decree art. 83-b of the Code of Civil Procedure 12/11/2010, so the material will disporsi meeting of this sub-process to the regulation of principale.La costs of these proceedings is specifically reserved for the outcome of the substantive proceedings already pendente.PQMIl Court, pronouncing definitively on interlocutory application, hereby orders: Due to the Articles. 671, 669-quaterdecies, welcomes the appeal during the proceedings and, for the effect authorizing the seizure of the shareholding of ... .... Snc up to the credit of € 16,821.00 in the manner specified in the recitals and within a deadline of 30 days of notification of this order; court costs to the final and sent to the Registry to treat the inclusion of this issue n. 902/S/2010 RGC within that bearing No RGC 34/2009, whose next hearing is set for communicating with 3.02.2011.Si parti.Francavilla Fontana, 01.02.2011 Judge (Dr. Giuseppe Marseglia)

Extract from: http://www.diritto- in-rete.com/sentenza.asp? id = 1022

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Cards Blog Candy

Hello girls! How's it going .... except this time very little spring ???!!! Today I want to advertise
Blog Candy Fairy Tatin held to celebrate 10 years together with its IT.
Tatin was the winner of my blog candy, and her blog is always full of interesting things.
If you want to participate go here .

You have until March 21.

It's all for today, I wish you a good day

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Tris Frames

Hello to all! :-)) It 'just released Blog scrapbooking the post concerning the implementation of the three frames to hang. They are very easy to do

On Blog scrapbooking you will find all the materials used and a mini tutorial. And here are some particular

also all for today, I wish you a good week

Burning When Peeing While On Period

Output group

Cabbages that session! FC always high on the plains due to winds. Sprint final with FC 180 (season record)

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Thoughts ...

I do not understand those who say that their life is always the same .. day by day nothing changes for those who are afraid of novelty hits and tail of life.
We think we can live in an endless limbo, our ivory tower, we are sure that nothing will raise your head and look around.
Compared to two years ago, my life was literally turned upside down .. new ways (opiù true) to see and hear, new friends, I would say fundamental, even though I have thrown in my face my weakness.
I find myself licking the wounds, and they know the blood and salt ... once again my spirit is tempered, getting and returning to shine even more strongly than before, air, sunlight ... Thank you all ... from
the depths of my being ...

Nadine Jansen Milena Velba Milking 1

SKETCHALICIOUS # 015

Here's sketch # 15 of Sketchalicious . Do you remember the previous LO, made for the challenge of scrapbooking?? Behold, the photos I used for this sketch were taken the day before that famous snow. The mountain so ... the weather changes suddenly, and after a beautiful, warm day in February, you're suddenly under a thick blanket of snow! But I do not want to dwell over here is my page

and some particular

a beautiful fabric adhesive label Kesi'art

an envelope made with tracing paper

written all the "rubbery"

For other wonderful interpretations I suggest you visit Sketchalicious and I can only tell you to try.
you soon


The material I used for this LO is as follows:
4hures37 fantasy card # 03, # 04, # 05, Bella BLVD, kraft cardstock, alphabets Thickers Cinnamon, Red Tickers; landscaping Kesi'art Etiquette tissèes adhesives, stamps Kesi'art Mr. Berg, china white, black, black pad Versafine.

At What Temperature Does Saffron Grow

Solita Tuesday focused on improving the output of the resistance.

The Trackball On My Blackberry Fell Out

WISHES ..

... to all women!! I wanted to share with you this beautiful flower of my Camelia. It is wonderful!! The nature is really something unique!

Were U Spamked Growing

Golden Cheetah

Watching some of the available software for the analysis of training, one of the most interesting is the Golden Cheetah, by the way is also freeware.

To show the potential, matter comparing two different exits, one on Tuesday focusing on the work done to power fc threshold and low rpm and one on Sunday where fc important were reached at higher rpm.

The different mix of FC and rpm of the two workouts, you can clearly see by comparing the following 3D graphics, in which they were made in connection with the fc and the frequency versus time. To be more precise on the three axes x, y, z are were respectively set cadence / frequency / time spent at a given fc normalized to the cadence (rpm / fc).
The different colors indicate different fc reached from red to blue, ranging from low to high fc.

Analysis: From

output graph on Tuesday, the columns are known as blue / blue are more dense at low rpm, indicating the work fc high and low rpm, while the longer length of these columns over the other indicates that the job required a good percentage of time than the total output time (2h).

the contrary in the chart on Sunday are more dense in the colonneazzurre high rpm.
Note in particular the blue zone: this is the step edge (Combai) turn fc important and natural rhythms. As explained earlier in this case these columns are low because the bottom is the time to value rpm / fc compared to the total (about 4h).
Also note, the peaks in the lower left of the graph (low rpm / low fc), which refer to time stop to wait for their classmates and / or phases without pedaling.

another chart that expresses the potential of GC is the display of the output plan in 3D on Sunday. In this case the axes x, y, z are set respectively: longitude / latitude / height.

Another interesting feature is the ability to evaluate through the analysis of some parameters generated automatically by the software, the stress due to training. From what I understand, for those who only have to make do cardio the only TRIM (Training Impulse), while also having available data on power, you might enjoy additional parameters such as bikescore.

As mentioned, virtually all these data make it possible to analyze the stress of their training and therefore a bit 'of experience, plan your training properly.

I put myself to study ....

Who Would Win A Barracuda Or Piranha

CHALLENGE March

Good Friday! By now there is the challenge of March scrapbooking. The proposed theme is food and surroundings, the mandatory elements are
great title, journaling handwritten

board s paunch s

Here is my interpretation

These photos come directly from weekends only elapsed. Sunday, in the mountains, we got up under a heavy snowfall and the intention was not to stop, so we decided to come back home earlier than expected.

However, we consoled with a fantastic lunch Maso Palu, restaurant Trentino. When I appeared before our eyes the sweet, as to not enjoy some pictures dedicated to this challenge?? And here is the result

You have until the end of the month for us to "fatten" at the sight of your interpretations culinary. If you then go to Blog scrapbooking you'll find other wonderful pages of DT and materials used.

good scrap and good weekend