Wednesday, December 8, 2010
Customizing Desert Eagle
writing about me and this year that has passed, he went away and took away my innocence.
The bill was really hard and I'm not sure that they have paid the bill, the coins appear to be still in the noise hold my pocket.
When I say me, hide me and run away from this part of the world that does not belong to me. There are
, the dream is nearby, I can touch it with your fingers, I see a little light and I feel strong scent of lily of the valley. I see my father's eyes and his arms broken by the effort.
curls on the back and I want a new smile, I'll be a woman and as I will be strong because I know that I tried, I challenged those who told me that I was not ready for that day. Saturday
my last exam with narrow shoulders and I will shoot your eyes and think that deep down a lot but it was only 50.
Customizing Desert Eagle
writing about me and this year that has passed, he went away and took away my innocence.
The bill was really hard and I'm not sure that they have paid the bill, the coins appear to be still in the noise hold my pocket.
When I say me, hide me and run away from this part of the world that does not belong to me. There are
, the dream is nearby, I can touch it with your fingers, I see a little light and I feel strong scent of lily of the valley. I see my father's eyes and his arms broken by the effort.
curls on the back and I want a new smile, I'll be a woman and as I will be strong because I know that I tried, I challenged those who told me that I was not ready for that day. Saturday
my last exam with narrow shoulders and I will shoot your eyes and think that deep down a lot but it was only 50.
Saturday, October 23, 2010
Cops Who Wear Girdles
It was about time ...... there is no 'limit to human stupidity!
Sarah: roads closed to tourists
The tragedy has placed an order with the mayor
(ANSA) - AVETRANA, Oct. 23 - The mayor has ordered the closure of Avetrana tomorrow of some access roads to the homes of families and Scazzi Misseri. The measure and 'was taken in anticipation of the arrival of Basilicata and Calabria bus of tourists who are hoping to see the house where Sarah lived and the garage where the Misseri and' was killed. E 'expected that the influx of tourists will deal with' the zone of the campaign in which the well is located in which 'was hidden the body of Sarah.
Sarah: roads closed to tourists
The tragedy has placed an order with the mayor
(ANSA) - AVETRANA, Oct. 23 - The mayor has ordered the closure of Avetrana tomorrow of some access roads to the homes of families and Scazzi Misseri. The measure and 'was taken in anticipation of the arrival of Basilicata and Calabria bus of tourists who are hoping to see the house where Sarah lived and the garage where the Misseri and' was killed. E 'expected that the influx of tourists will deal with' the zone of the campaign in which the well is located in which 'was hidden the body of Sarah.
Cops Who Wear Girdles
It was about time ...... there is no 'limit to human stupidity!
Sarah: roads closed to tourists
The tragedy has placed an order with the mayor
(ANSA) - AVETRANA, Oct. 23 - The mayor has ordered the closure of Avetrana tomorrow of some access roads to the homes of families and Scazzi Misseri. The measure and 'was taken in anticipation of the arrival of Basilicata and Calabria bus of tourists who are hoping to see the house where Sarah lived and the garage where the Misseri and' was killed. E 'expected that the influx of tourists will deal with' the zone of the campaign in which the well is located in which 'was hidden the body of Sarah.
Sarah: roads closed to tourists
The tragedy has placed an order with the mayor
(ANSA) - AVETRANA, Oct. 23 - The mayor has ordered the closure of Avetrana tomorrow of some access roads to the homes of families and Scazzi Misseri. The measure and 'was taken in anticipation of the arrival of Basilicata and Calabria bus of tourists who are hoping to see the house where Sarah lived and the garage where the Misseri and' was killed. E 'expected that the influx of tourists will deal with' the zone of the campaign in which the well is located in which 'was hidden the body of Sarah.
Wednesday, October 20, 2010
Gay Volleyball Shorts
there are still leaks in the investigation for the murder of Sarah.Non should be a news blackout? New on
Sarah: uncle sleeping time of the crime?
E 'a track on which the investigators are working
(AGI) - Taranto, OCTOBER 20 - Check a new investigation in the murder case of Sarah Scazzi, the fifteen killed in Avetrana: Michele Misseri time of the murder, and the uncle who is' accused of the crime, he was sleeping. The hypothesis, circulated during the day yesterday at Taranto, in confirmed at the time would not have records of the investigation, but 'a track on which the investigators would be working. An investigation and 'current starting from those that were the daily routine of Michael Misseri.
I begin with the launch of Ansa to emphasize the appropriateness of imposing a news blackout, so I mean with all this media hype s'inquinano really tests it is suggestonano texts and there 'ilo risk will no longer be reconstructed rice4rca the truth of which, remember, is the only purpose of the work of judges.
Massimiliano Scaringella
lawyer the Court of Rome
Sarah: uncle sleeping time of the crime?
E 'a track on which the investigators are working
(AGI) - Taranto, OCTOBER 20 - Check a new investigation in the murder case of Sarah Scazzi, the fifteen killed in Avetrana: Michele Misseri time of the murder, and the uncle who is' accused of the crime, he was sleeping. The hypothesis, circulated during the day yesterday at Taranto, in confirmed at the time would not have records of the investigation, but 'a track on which the investigators would be working. An investigation and 'current starting from those that were the daily routine of Michael Misseri.
I begin with the launch of Ansa to emphasize the appropriateness of imposing a news blackout, so I mean with all this media hype s'inquinano really tests it is suggestonano texts and there 'ilo risk will no longer be reconstructed rice4rca the truth of which, remember, is the only purpose of the work of judges.
Massimiliano Scaringella
lawyer the Court of Rome
Gay Volleyball Shorts
there are still leaks in the investigation for the murder of Sarah.Non should be a news blackout? New on
Sarah: uncle sleeping time of the crime?
E 'a track on which the investigators are working
(AGI) - Taranto, OCTOBER 20 - Check a new investigation in the murder case of Sarah Scazzi, the fifteen killed in Avetrana: Michele Misseri time of the murder, and the uncle who is' accused of the crime, he was sleeping. The hypothesis, circulated during the day yesterday at Taranto, in confirmed at the time would not have records of the investigation, but 'a track on which the investigators would be working. An investigation and 'current starting from those that were the daily routine of Michael Misseri.
I begin with the launch of Ansa to emphasize the appropriateness of imposing a news blackout, so I mean with all this media hype s'inquinano really tests it is suggestonano texts and there 'ilo risk will no longer be reconstructed rice4rca the truth of which, remember, is the only purpose of the work of judges.
Massimiliano Scaringella
lawyer the Court of Rome
Sarah: uncle sleeping time of the crime?
E 'a track on which the investigators are working
(AGI) - Taranto, OCTOBER 20 - Check a new investigation in the murder case of Sarah Scazzi, the fifteen killed in Avetrana: Michele Misseri time of the murder, and the uncle who is' accused of the crime, he was sleeping. The hypothesis, circulated during the day yesterday at Taranto, in confirmed at the time would not have records of the investigation, but 'a track on which the investigators would be working. An investigation and 'current starting from those that were the daily routine of Michael Misseri.
I begin with the launch of Ansa to emphasize the appropriateness of imposing a news blackout, so I mean with all this media hype s'inquinano really tests it is suggestonano texts and there 'ilo risk will no longer be reconstructed rice4rca the truth of which, remember, is the only purpose of the work of judges.
Massimiliano Scaringella
lawyer the Court of Rome
Tuesday, October 19, 2010
Grand Hotel Killington Snow Tubing
Alfano - Retroactive
Lodo Alfano: ok comm.Senato retroactive processes
ROME - The Committee on Constitutional Affairs approved by 15 votes in favor and 7 against the amendment by the rapporteur Carlo Vizzini to Alfano''under which the processes of the President of the Republic or the Prime Minister, also related to events prior to the taking of office, may be suspended by decision of the parliament.''
They voted 13 Senators of the PDL League and more 'Senator finiano Maurizio Saia and Senator MPA. The opposition said that with this amendment, and 'created a monster in law.
SAIA, ON RETROACTIVE 'FLI AND' AGREE - "The rule also provides for the suspension of those processes started before the transfer of office, Fli is absolutely agree. We have said about three weeks ago, the We confirmed today with the vote. " Senator Maurizio Saia finiano comments on the yes of the amendment to the Lodo Alfano Fli by the Chairman of the Committee on Constitutional Affairs of the Senate Carlo Vizzini, which aims to extend the shield of the Ruling also to the processes started before the transfer of office for president and prime minister. "We have already talked about this problem between us - Saia adds - and the party line was just to say yes to the prediction which will also be suspended processes started before becoming prime minister or head of state."
BONGIORNO, SI 'A RETROACTIVE' - "I do not agree at all the controversy over retroactive immunity law. In fact, the purpose of the so-called constitutional immunity law is to safeguard peace in the performance of duties by the senior state that of course, would be jeopardized if the processes were not suspended for acts committed prior to recruitment Charge '. This is what the chairman of the House Judiciary Committee, the Finian Giulia Bongiorno.
BERSANI, E'VERGOGNA, WE barricades "journey to the limits of absurdity. I think it's disgraceful and shameful to think to answer through parliamentary and constitutional. "So the secretary of the Pd Pier Luigi Bersani attacks the rule, passed in the Senate Committee on retroactive immunity law." We will make barricades with all the strength that we have "said Bersani.
DI PIETRO, exposing PURPOSE OF FICTION -" The encounter between Fini Alfano and I do not expect anything more because today was also unmasked the false return to the legality of which the first fli step autosmascherato truth is going to support a provision that guarantees impunity to the premier. "So the leader of Italia dei Valori Antonio Di Pietro attacks the retroactivity of the Lodo Alfano, approved today in committee in the Senate." We are falling - what Peter said - the democracy and the rule of law. We make a last appeal to here because Fini says its MPs not to give in to blackmail. "In any case, guarantees the IDV leader," will be the citizens to take responsibility to decide whether they wish to live in a democratic country or a regime because the IDV has collected millions of signatures for the referendum. "
PD-IDV, MONSTER LEGAL FOR A PREMIER QUIRINALE -" So he set Berlusconi immunity for the road will go to the Quirinal Palace. "So the senator 's IDV, Pancho Pardi says the Constitutional Affairs Committee in approving the amendment of the rapporteur to Vizzini Alfano Bill which provides for the suspension of trials against the President of the Republic and the Council for acts committed prior to taking charge. "After the approval of the other amendment Vizzini, equating President of the Republic and President of the Council in the need of the shield and it also extends to crimes extrafunzionali, the picture - said Pardi is complete. It remains fully valid question I posed recently in Parliament addressing the Prime Minister, and that is, she wants to go for the immunity or go to the Quirinal Palace Quirinale for immunity?. "Very critical also the comment of Senator PD, Silvia Della Monica:" You're never having a Constitution that sets as well as those who are prosecuted to become President of the Council or President of the Republic. In this way, even those who are under house arrest or in prison can apply for the Pass or the Palazzo Chigi. "The observation of Senator Della Monica comes from the fact, considered 'monstrous' by the opposition, that the suspension process does not block the investigation. "Paradoxically, having suspended the investigation process and not with its possible release from custody, we run the risk - look at the senator of the Democratic Party - have a head of state or head of government elected while under house arrest. "
PD, DAY BUIA LEGALITA'E TO FIGHT CORRUPTION -" It 's a bad day for justice. "The claims in the parent company of Pd II Board of Deputies, Donatella Ferraro points out that "while the House majority voted to deny a trick, in fact, the authorization to proceed against Pietro Lunardi, at the same time, the Senate majority approved an amendment to the 'application of the Lodo Alfano also to the processes relating to acts committed prior to the taking of office and common crimes. "These are, Ferranti, of" reckless choices that are designed to bring in our legal practice parliamentary constitutional rules and outrageous that only serve to obstruct the course of justice and impunity for those who govern the introduction. It is not certain that it came out, in practice, respect for the law nor fulfills the admonition of the Court of Auditors, who today reiterated the need for an all-out struggle against corruption ".
SOURCE LIBERO.IT
Lodo Alfano: ok comm.Senato retroactive processes
ROME - The Committee on Constitutional Affairs approved by 15 votes in favor and 7 against the amendment by the rapporteur Carlo Vizzini to Alfano''under which the processes of the President of the Republic or the Prime Minister, also related to events prior to the taking of office, may be suspended by decision of the parliament.''
They voted 13 Senators of the PDL League and more 'Senator finiano Maurizio Saia and Senator MPA. The opposition said that with this amendment, and 'created a monster in law.
SAIA, ON RETROACTIVE 'FLI AND' AGREE - "The rule also provides for the suspension of those processes started before the transfer of office, Fli is absolutely agree. We have said about three weeks ago, the We confirmed today with the vote. " Senator Maurizio Saia finiano comments on the yes of the amendment to the Lodo Alfano Fli by the Chairman of the Committee on Constitutional Affairs of the Senate Carlo Vizzini, which aims to extend the shield of the Ruling also to the processes started before the transfer of office for president and prime minister. "We have already talked about this problem between us - Saia adds - and the party line was just to say yes to the prediction which will also be suspended processes started before becoming prime minister or head of state."
BONGIORNO, SI 'A RETROACTIVE' - "I do not agree at all the controversy over retroactive immunity law. In fact, the purpose of the so-called constitutional immunity law is to safeguard peace in the performance of duties by the senior state that of course, would be jeopardized if the processes were not suspended for acts committed prior to recruitment Charge '. This is what the chairman of the House Judiciary Committee, the Finian Giulia Bongiorno.
BERSANI, E'VERGOGNA, WE barricades "journey to the limits of absurdity. I think it's disgraceful and shameful to think to answer through parliamentary and constitutional. "So the secretary of the Pd Pier Luigi Bersani attacks the rule, passed in the Senate Committee on retroactive immunity law." We will make barricades with all the strength that we have "said Bersani.
DI PIETRO, exposing PURPOSE OF FICTION -" The encounter between Fini Alfano and I do not expect anything more because today was also unmasked the false return to the legality of which the first fli step autosmascherato truth is going to support a provision that guarantees impunity to the premier. "So the leader of Italia dei Valori Antonio Di Pietro attacks the retroactivity of the Lodo Alfano, approved today in committee in the Senate." We are falling - what Peter said - the democracy and the rule of law. We make a last appeal to here because Fini says its MPs not to give in to blackmail. "In any case, guarantees the IDV leader," will be the citizens to take responsibility to decide whether they wish to live in a democratic country or a regime because the IDV has collected millions of signatures for the referendum. "
PD-IDV, MONSTER LEGAL FOR A PREMIER QUIRINALE -" So he set Berlusconi immunity for the road will go to the Quirinal Palace. "So the senator 's IDV, Pancho Pardi says the Constitutional Affairs Committee in approving the amendment of the rapporteur to Vizzini Alfano Bill which provides for the suspension of trials against the President of the Republic and the Council for acts committed prior to taking charge. "After the approval of the other amendment Vizzini, equating President of the Republic and President of the Council in the need of the shield and it also extends to crimes extrafunzionali, the picture - said Pardi is complete. It remains fully valid question I posed recently in Parliament addressing the Prime Minister, and that is, she wants to go for the immunity or go to the Quirinal Palace Quirinale for immunity?. "Very critical also the comment of Senator PD, Silvia Della Monica:" You're never having a Constitution that sets as well as those who are prosecuted to become President of the Council or President of the Republic. In this way, even those who are under house arrest or in prison can apply for the Pass or the Palazzo Chigi. "The observation of Senator Della Monica comes from the fact, considered 'monstrous' by the opposition, that the suspension process does not block the investigation. "Paradoxically, having suspended the investigation process and not with its possible release from custody, we run the risk - look at the senator of the Democratic Party - have a head of state or head of government elected while under house arrest. "
PD, DAY BUIA LEGALITA'E TO FIGHT CORRUPTION -" It 's a bad day for justice. "The claims in the parent company of Pd II Board of Deputies, Donatella Ferraro points out that "while the House majority voted to deny a trick, in fact, the authorization to proceed against Pietro Lunardi, at the same time, the Senate majority approved an amendment to the 'application of the Lodo Alfano also to the processes relating to acts committed prior to the taking of office and common crimes. "These are, Ferranti, of" reckless choices that are designed to bring in our legal practice parliamentary constitutional rules and outrageous that only serve to obstruct the course of justice and impunity for those who govern the introduction. It is not certain that it came out, in practice, respect for the law nor fulfills the admonition of the Court of Auditors, who today reiterated the need for an all-out struggle against corruption ".
SOURCE LIBERO.IT
Grand Hotel Killington Snow Tubing
Alfano - Retroactive
Lodo Alfano: ok comm.Senato retroactive processes
ROME - The Committee on Constitutional Affairs approved by 15 votes in favor and 7 against the amendment by the rapporteur Carlo Vizzini to Alfano''under which the processes of the President of the Republic or the Prime Minister, also related to events prior to the taking of office, may be suspended by decision of the parliament.''
They voted 13 Senators of the PDL League and more 'Senator finiano Maurizio Saia and Senator MPA. The opposition said that with this amendment, and 'created a monster in law.
SAIA, ON RETROACTIVE 'FLI AND' AGREE - "The rule also provides for the suspension of those processes started before the transfer of office, Fli is absolutely agree. We have said about three weeks ago, the We confirmed today with the vote. " Senator Maurizio Saia finiano comments on the yes of the amendment to the Lodo Alfano Fli by the Chairman of the Committee on Constitutional Affairs of the Senate Carlo Vizzini, which aims to extend the shield of the Ruling also to the processes started before the transfer of office for president and prime minister. "We have already talked about this problem between us - Saia adds - and the party line was just to say yes to the prediction which will also be suspended processes started before becoming prime minister or head of state."
BONGIORNO, SI 'A RETROACTIVE' - "I do not agree at all the controversy over retroactive immunity law. In fact, the purpose of the so-called constitutional immunity law is to safeguard peace in the performance of duties by the senior state that of course, would be jeopardized if the processes were not suspended for acts committed prior to recruitment Charge '. This is what the chairman of the House Judiciary Committee, the Finian Giulia Bongiorno.
BERSANI, E'VERGOGNA, WE barricades "journey to the limits of absurdity. I think it's disgraceful and shameful to think to answer through parliamentary and constitutional. "So the secretary of the Pd Pier Luigi Bersani attacks the rule, passed in the Senate Committee on retroactive immunity law." We will make barricades with all the strength that we have "said Bersani.
DI PIETRO, exposing PURPOSE OF FICTION -" The encounter between Fini Alfano and I do not expect anything more because today was also unmasked the false return to the legality of which the first fli step autosmascherato truth is going to support a provision that guarantees impunity to the premier. "So the leader of Italia dei Valori Antonio Di Pietro attacks the retroactivity of the Lodo Alfano, approved today in committee in the Senate." We are falling - what Peter said - the democracy and the rule of law. We make a last appeal to here because Fini says its MPs not to give in to blackmail. "In any case, guarantees the IDV leader," will be the citizens to take responsibility to decide whether they wish to live in a democratic country or a regime because the IDV has collected millions of signatures for the referendum. "
PD-IDV, MONSTER LEGAL FOR A PREMIER QUIRINALE -" So he set Berlusconi immunity for the road will go to the Quirinal Palace. "So the senator 's IDV, Pancho Pardi says the Constitutional Affairs Committee in approving the amendment of the rapporteur to Vizzini Alfano Bill which provides for the suspension of trials against the President of the Republic and the Council for acts committed prior to taking charge. "After the approval of the other amendment Vizzini, equating President of the Republic and President of the Council in the need of the shield and it also extends to crimes extrafunzionali, the picture - said Pardi is complete. It remains fully valid question I posed recently in Parliament addressing the Prime Minister, and that is, she wants to go for the immunity or go to the Quirinal Palace Quirinale for immunity?. "Very critical also the comment of Senator PD, Silvia Della Monica:" You're never having a Constitution that sets as well as those who are prosecuted to become President of the Council or President of the Republic. In this way, even those who are under house arrest or in prison can apply for the Pass or the Palazzo Chigi. "The observation of Senator Della Monica comes from the fact, considered 'monstrous' by the opposition, that the suspension process does not block the investigation. "Paradoxically, having suspended the investigation process and not with its possible release from custody, we run the risk - look at the senator of the Democratic Party - have a head of state or head of government elected while under house arrest. "
PD, DAY BUIA LEGALITA'E TO FIGHT CORRUPTION -" It 's a bad day for justice. "The claims in the parent company of Pd II Board of Deputies, Donatella Ferraro points out that "while the House majority voted to deny a trick, in fact, the authorization to proceed against Pietro Lunardi, at the same time, the Senate majority approved an amendment to the 'application of the Lodo Alfano also to the processes relating to acts committed prior to the taking of office and common crimes. "These are, Ferranti, of" reckless choices that are designed to bring in our legal practice parliamentary constitutional rules and outrageous that only serve to obstruct the course of justice and impunity for those who govern the introduction. It is not certain that it came out, in practice, respect for the law nor fulfills the admonition of the Court of Auditors, who today reiterated the need for an all-out struggle against corruption ".
SOURCE LIBERO.IT
Lodo Alfano: ok comm.Senato retroactive processes
ROME - The Committee on Constitutional Affairs approved by 15 votes in favor and 7 against the amendment by the rapporteur Carlo Vizzini to Alfano''under which the processes of the President of the Republic or the Prime Minister, also related to events prior to the taking of office, may be suspended by decision of the parliament.''
They voted 13 Senators of the PDL League and more 'Senator finiano Maurizio Saia and Senator MPA. The opposition said that with this amendment, and 'created a monster in law.
SAIA, ON RETROACTIVE 'FLI AND' AGREE - "The rule also provides for the suspension of those processes started before the transfer of office, Fli is absolutely agree. We have said about three weeks ago, the We confirmed today with the vote. " Senator Maurizio Saia finiano comments on the yes of the amendment to the Lodo Alfano Fli by the Chairman of the Committee on Constitutional Affairs of the Senate Carlo Vizzini, which aims to extend the shield of the Ruling also to the processes started before the transfer of office for president and prime minister. "We have already talked about this problem between us - Saia adds - and the party line was just to say yes to the prediction which will also be suspended processes started before becoming prime minister or head of state."
BONGIORNO, SI 'A RETROACTIVE' - "I do not agree at all the controversy over retroactive immunity law. In fact, the purpose of the so-called constitutional immunity law is to safeguard peace in the performance of duties by the senior state that of course, would be jeopardized if the processes were not suspended for acts committed prior to recruitment Charge '. This is what the chairman of the House Judiciary Committee, the Finian Giulia Bongiorno.
BERSANI, E'VERGOGNA, WE barricades "journey to the limits of absurdity. I think it's disgraceful and shameful to think to answer through parliamentary and constitutional. "So the secretary of the Pd Pier Luigi Bersani attacks the rule, passed in the Senate Committee on retroactive immunity law." We will make barricades with all the strength that we have "said Bersani.
DI PIETRO, exposing PURPOSE OF FICTION -" The encounter between Fini Alfano and I do not expect anything more because today was also unmasked the false return to the legality of which the first fli step autosmascherato truth is going to support a provision that guarantees impunity to the premier. "So the leader of Italia dei Valori Antonio Di Pietro attacks the retroactivity of the Lodo Alfano, approved today in committee in the Senate." We are falling - what Peter said - the democracy and the rule of law. We make a last appeal to here because Fini says its MPs not to give in to blackmail. "In any case, guarantees the IDV leader," will be the citizens to take responsibility to decide whether they wish to live in a democratic country or a regime because the IDV has collected millions of signatures for the referendum. "
PD-IDV, MONSTER LEGAL FOR A PREMIER QUIRINALE -" So he set Berlusconi immunity for the road will go to the Quirinal Palace. "So the senator 's IDV, Pancho Pardi says the Constitutional Affairs Committee in approving the amendment of the rapporteur to Vizzini Alfano Bill which provides for the suspension of trials against the President of the Republic and the Council for acts committed prior to taking charge. "After the approval of the other amendment Vizzini, equating President of the Republic and President of the Council in the need of the shield and it also extends to crimes extrafunzionali, the picture - said Pardi is complete. It remains fully valid question I posed recently in Parliament addressing the Prime Minister, and that is, she wants to go for the immunity or go to the Quirinal Palace Quirinale for immunity?. "Very critical also the comment of Senator PD, Silvia Della Monica:" You're never having a Constitution that sets as well as those who are prosecuted to become President of the Council or President of the Republic. In this way, even those who are under house arrest or in prison can apply for the Pass or the Palazzo Chigi. "The observation of Senator Della Monica comes from the fact, considered 'monstrous' by the opposition, that the suspension process does not block the investigation. "Paradoxically, having suspended the investigation process and not with its possible release from custody, we run the risk - look at the senator of the Democratic Party - have a head of state or head of government elected while under house arrest. "
PD, DAY BUIA LEGALITA'E TO FIGHT CORRUPTION -" It 's a bad day for justice. "The claims in the parent company of Pd II Board of Deputies, Donatella Ferraro points out that "while the House majority voted to deny a trick, in fact, the authorization to proceed against Pietro Lunardi, at the same time, the Senate majority approved an amendment to the 'application of the Lodo Alfano also to the processes relating to acts committed prior to the taking of office and common crimes. "These are, Ferranti, of" reckless choices that are designed to bring in our legal practice parliamentary constitutional rules and outrageous that only serve to obstruct the course of justice and impunity for those who govern the introduction. It is not certain that it came out, in practice, respect for the law nor fulfills the admonition of the Court of Auditors, who today reiterated the need for an all-out struggle against corruption ".
SOURCE LIBERO.IT
Monday, October 18, 2010
Intinent To Vacate Apartment
Sarah, Amenabar, Tesis and the spectacle of suffering
Some years ago I made an impression on a film entitled "Tesis" was the director Alejandro Amenabar, his first work.
The director said he then made a great career with so much to win the Oscar for "The Sea Inside." obviously had talent . In my opinion, however, in his first expresses its maximum brilliance.
The plot was very disturbing, but it was even more so, as we shall see, the ending.
The story is set in the power of cinema in Madrid, two students find a ride Snuff Movies (film relamente they are tortured and killed people), investigate and discover the culprit, the final Grand Guignol. The murderess
once discovered, I reveal who he is, screaming that he was not the monster but all people who like to watch the cruelty by testing their sense of pleasure because he would never have done what he did.
There is a cut and are shown pictures of people watching on television: news and discussions about anything else the sad and violent history. their eyes are abducted and show pleasure, the two main characters look and understand the situation and remain upset. The movie ends well.
Personally, every time a story of crime is given a great emphasis that I can not think of this film and ask me the question about who really are the monsters, those who commit the crimes or who still lends itself to the audience to be greedy . It will be strange but every time I remain astonished to watch the media hubbub that comes into being.
In these days, and then, seeing the program move into the murder of Sarah Scazzi I could relive that sense of unease that I raised in the film.
I think it is just the freedom of the press, but spettacolarizzazion the pain I find it absurd and unreasonable, I can not understand that sense has to show her cousin on TV, and because it lends itself, I do not understand what sense has to tell the gory details the most sense barking and spend evenings in the family to hear his description.
Unfortunately, the answer I give is the message coming from Amenabar often the monsters are not only those who commit crimes but also those that lend themselves to it aside.
lines above I had written a few days ago, without having time to publish them, the record has been avnt5i than fiction, even the circus meidatico yesterday, even a well-known journalist, he apologized to the victim to the media uproar, for the intrusion into the private course ..... all in a letter read from the 5 Tg Amenabar .... great ...... I do not concern me that remains his masterpiece. Massimiliano
Scaringella
lawyer the Court of Rome
Some years ago I made an impression on a film entitled "Tesis" was the director Alejandro Amenabar, his first work.
The director said he then made a great career with so much to win the Oscar for "The Sea Inside." obviously had talent . In my opinion, however, in his first expresses its maximum brilliance.
The plot was very disturbing, but it was even more so, as we shall see, the ending.
The story is set in the power of cinema in Madrid, two students find a ride Snuff Movies (film relamente they are tortured and killed people), investigate and discover the culprit, the final Grand Guignol. The murderess
once discovered, I reveal who he is, screaming that he was not the monster but all people who like to watch the cruelty by testing their sense of pleasure because he would never have done what he did.
There is a cut and are shown pictures of people watching on television: news and discussions about anything else the sad and violent history. their eyes are abducted and show pleasure, the two main characters look and understand the situation and remain upset. The movie ends well.
Personally, every time a story of crime is given a great emphasis that I can not think of this film and ask me the question about who really are the monsters, those who commit the crimes or who still lends itself to the audience to be greedy . It will be strange but every time I remain astonished to watch the media hubbub that comes into being.
In these days, and then, seeing the program move into the murder of Sarah Scazzi I could relive that sense of unease that I raised in the film.
I think it is just the freedom of the press, but spettacolarizzazion the pain I find it absurd and unreasonable, I can not understand that sense has to show her cousin on TV, and because it lends itself, I do not understand what sense has to tell the gory details the most sense barking and spend evenings in the family to hear his description.
Unfortunately, the answer I give is the message coming from Amenabar often the monsters are not only those who commit crimes but also those that lend themselves to it aside.
lines above I had written a few days ago, without having time to publish them, the record has been avnt5i than fiction, even the circus meidatico yesterday, even a well-known journalist, he apologized to the victim to the media uproar, for the intrusion into the private course ..... all in a letter read from the 5 Tg Amenabar .... great ...... I do not concern me that remains his masterpiece. Massimiliano
Scaringella
lawyer the Court of Rome
Intinent To Vacate Apartment
Sarah, Amenabar, Tesis and the spectacle of suffering
Some years ago I made an impression on a film entitled "Tesis" was the director Alejandro Amenabar, his first work.
The director said he then made a great career with so much to win the Oscar for "The Sea Inside." obviously had talent . In my opinion, however, in his first expresses its maximum brilliance.
The plot was very disturbing, but it was even more so, as we shall see, the ending.
The story is set in the power of cinema in Madrid, two students find a ride Snuff Movies (film relamente they are tortured and killed people), investigate and discover the culprit, the final Grand Guignol. The murderess
once discovered, I reveal who he is, screaming that he was not the monster but all people who like to watch the cruelty by testing their sense of pleasure because he would never have done what he did.
There is a cut and are shown pictures of people watching on television: news and discussions about anything else the sad and violent history. their eyes are abducted and show pleasure, the two main characters look and understand the situation and remain upset. The movie ends well.
Personally, every time a story of crime is given a great emphasis that I can not think of this film and ask me the question about who really are the monsters, those who commit the crimes or who still lends itself to the audience to be greedy . It will be strange but every time I remain astonished to watch the media hubbub that comes into being.
In these days, and then, seeing the program move into the murder of Sarah Scazzi I could relive that sense of unease that I raised in the film.
I think it is just the freedom of the press, but spettacolarizzazion the pain I find it absurd and unreasonable, I can not understand that sense has to show her cousin on TV, and because it lends itself, I do not understand what sense has to tell the gory details the most sense barking and spend evenings in the family to hear his description.
Unfortunately, the answer I give is the message coming from Amenabar often the monsters are not only those who commit crimes but also those that lend themselves to it aside.
lines above I had written a few days ago, without having time to publish them, the record has been avnt5i than fiction, even the circus meidatico yesterday, even a well-known journalist, he apologized to the victim to the media uproar, for the intrusion into the private course ..... all in a letter read from the 5 Tg Amenabar .... great ...... I do not concern me that remains his masterpiece. Massimiliano
Scaringella
lawyer the Court of Rome
Some years ago I made an impression on a film entitled "Tesis" was the director Alejandro Amenabar, his first work.
The director said he then made a great career with so much to win the Oscar for "The Sea Inside." obviously had talent . In my opinion, however, in his first expresses its maximum brilliance.
The plot was very disturbing, but it was even more so, as we shall see, the ending.
The story is set in the power of cinema in Madrid, two students find a ride Snuff Movies (film relamente they are tortured and killed people), investigate and discover the culprit, the final Grand Guignol. The murderess
once discovered, I reveal who he is, screaming that he was not the monster but all people who like to watch the cruelty by testing their sense of pleasure because he would never have done what he did.
There is a cut and are shown pictures of people watching on television: news and discussions about anything else the sad and violent history. their eyes are abducted and show pleasure, the two main characters look and understand the situation and remain upset. The movie ends well.
Personally, every time a story of crime is given a great emphasis that I can not think of this film and ask me the question about who really are the monsters, those who commit the crimes or who still lends itself to the audience to be greedy . It will be strange but every time I remain astonished to watch the media hubbub that comes into being.
In these days, and then, seeing the program move into the murder of Sarah Scazzi I could relive that sense of unease that I raised in the film.
I think it is just the freedom of the press, but spettacolarizzazion the pain I find it absurd and unreasonable, I can not understand that sense has to show her cousin on TV, and because it lends itself, I do not understand what sense has to tell the gory details the most sense barking and spend evenings in the family to hear his description.
Unfortunately, the answer I give is the message coming from Amenabar often the monsters are not only those who commit crimes but also those that lend themselves to it aside.
lines above I had written a few days ago, without having time to publish them, the record has been avnt5i than fiction, even the circus meidatico yesterday, even a well-known journalist, he apologized to the victim to the media uproar, for the intrusion into the private course ..... all in a letter read from the 5 Tg Amenabar .... great ...... I do not concern me that remains his masterpiece. Massimiliano
Scaringella
lawyer the Court of Rome
Monday, October 11, 2010
Brookstone Helicopter Rear Rotor
Judgement of Supreme Court injunction to sull'Opposzione poszione hard power of the Bar Council of Rome in the ANSA
Bar Council ROME
Terms of formal proceedings in opposition to injunctions after the new orientation of the Supreme Court: the Council's position.
- The Chairman and the Secretary, in light of the decision of SS.UU. No 19246 of 9 September last in terms of time allowed for the establishment of the opposing opinions in opposition to the injunction, after having discussed the issue in light of the debate emerged in the Council Commission of Law and Civil Procedure, asking that the Council adopt a resolution in which it takes its position with reference to the possible negative consequences that the new system involves the ongoing reviews. Briefly illustrate the issue on all Councillors who had not yet been informed of the decision mentioned above.
THE COUNCIL NOTED
That the United Chamber of the Supreme Court, in its ruling of September 9, 2010, No 19246, considered that in the judgments of opposition to injunction, "the need for consistency systematic as well as practical, justify the claim that not only the terms setting up the opponent and the opposite is automatically reduced to half in the opposite case of an actual assignment of a term to appear less than the legal one, but that this effect is due to the automatic just because the opposition has been proposed, because Article 645 CPC provides that in any case Opposition to the terms to appear to be reduced to half. "
Che," Guidance for consolidated by this Court in the trial of opposition, the constitution should be treated in the later failure to establish and involves the admissibility of the opposition. "
that the application of legal principles first set out and referred will have significant impact on the opinions of opposition injunction in a course and that you will be expected to establish that:
to the term-constitution that the opponent is required to comply is 5 days of notification of the opposition, even when the opponent has granted 'to appear opposite the free terms provided by art. 163 bis, paragraph 1, Code of Civil Procedure;
b-term violation of the unspeakable, as a cause of admissibility of the opposition will lead to the further consequence of the declaration of enforceability of the decree which will take the opposite force of res judicata.
NOTES
As for the ongoing reviews, it appears that the United Sections have provided an interpretation of Article. 645 CCP, which has not, however, given the delays with which the judicial officers return the original notification of the summons in opposition, with the result that the opponent, to avoid disqualification, he is forced to enter a role with the cause production only an uncertified copy of that document.
Therefore, compared to a stated need to ensure a systematic coherence, you are going to further encourage a practice not possible under the non-formal and procedural practice which also requires the defense of the opponent to file with the Registrar, after all 'registration but before the hearing to appear, the original of opposition with the record of service, the latter activity not covered by the procedural system, much less is shown between the voices of the lawyers' fees.
regard to ongoing reviews, it appears that the joint sections have provided an interpretation of Article 645, paragraph 2, which amended the Code of Civil Procedure and fifty years of continuous ultra address the same Supreme Court and courts of substance, according to the delayed formation of the opponent were reduced to half, only when the opponent had exercised the option granted to him from reporting paragraph 2 of art. 645 cpc, so when they were granted contrary to the normal time of appearance, remained in dispute that the opponent's constitution could be made within 10 days of notification of the opposition.
E 'known address indicated that the case law has been followed in many reviews as opposed to injunctive relief because, as stated in law and recognized by the United Sections, the action of combining the terms provided for in paragraph 2 ° art. 645 cpc ended by pressing burden of compliance only to the opposing party and did not cover a real acceleration of the opposition.
It is therefore in the presence of a procedural situation in relation to which the application of the principle enunciated by the United Sections and consequent declaration of admissibility of the opposition, would unjustly penalize the opponents to the sole and exclusive benefit of opposites (most often economically strong parts of the legal source of rights in dispute) it also demeans the role of the judge who, in relation to numerous reviews started, will be called only to verify and confirm the revocation of the case of the opposing party (defendant) and the existence of the rights and merits of the claim that the opposite party (plaintiff) has indicated in the application for injunction.
those circumstances, the Council of the Bar of Rome
DENIES VIBRATAMENTE
That the United Sections of the Supreme Court have provided an interpretation of the wording of Article. 645 cpc, that beyond the stated "need for systematic coherence", has in fact indicated a principle of law to achieve the 'practical need for "drastic reduction of the litigation is ongoing source of opposition to the injunction, this objective that, if undertaken without the court has ruled on the parties' claims will result in a further weak point of the citizen's right to judicial protection.
EXPECTED
increasingly that the National Bar Council with a clear press release asked, with firm, a law that prevents emergency declarations in opposition to the mass of the injunction in which the opponent has not made up within 5 days.
THE Bar Council ROME ASKS
1) In charge of the courts of the District Court of Appeal of Rome to adopt at the outset all the more effective measures to ensure more prompt restitution of the acts of opposition to the injunction, even by setting up offices in the notifications of the Courts greater territorial extension fast-tracked for the notification and return of the indicators, so as to allow enrollment in the role with the filing of the original of the summons.
2) The Parliament and the Government under an emergency order as indicated by the National Bar Council in order to avoid this devastating "admissibility of mass."
Meanwhile inform their members / colleagues that the appeal to the court concerning the request for relief provided for in paragraph 2 of art. CCP 153 can identify a specific remedy to overcome opposition in the judgments of a court order under the negative consequences of an application to its place within the normal time limits.
This is because: a.
with the news article. 153 Code of Civil Procedure, made Law June 18, 2009, n, 69, remission has become an institution in terms of general order applicable to the case with reference to any type of term
b. the use of normal time limits for storage in the assessments made on the basis of constant addresses more than a decade of the jurisdiction of legitimacy and respect, is a serious cause of decline is not attributable to the party.
on the possibility to go to court to achieve remission in terms, it is reported that the single judge of the Court of Nola, Civil Section II, Dr. Catherine Costello, in the process 8011/09, by order of 28 / 9 / 2010, has undergone its own motion the parties the question of the admissibility of the opposition, in order to evaluate an application for referral terms.
The Council shall act immediately enforceable and the publication on the site.
Rome, October 11, 2010
The Board Secretary The President
Murra Rodolfo Antonio Conte
LiberoVideo - Video on this mail
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Bar Council ROME
Terms of formal proceedings in opposition to injunctions after the new orientation of the Supreme Court: the Council's position.
- The Chairman and the Secretary, in light of the decision of SS.UU. No 19246 of 9 September last in terms of time allowed for the establishment of the opposing opinions in opposition to the injunction, after having discussed the issue in light of the debate emerged in the Council Commission of Law and Civil Procedure, asking that the Council adopt a resolution in which it takes its position with reference to the possible negative consequences that the new system involves the ongoing reviews. Briefly illustrate the issue on all Councillors who had not yet been informed of the decision mentioned above.
THE COUNCIL NOTED
That the United Chamber of the Supreme Court, in its ruling of September 9, 2010, No 19246, considered that in the judgments of opposition to injunction, "the need for consistency systematic as well as practical, justify the claim that not only the terms setting up the opponent and the opposite is automatically reduced to half in the opposite case of an actual assignment of a term to appear less than the legal one, but that this effect is due to the automatic just because the opposition has been proposed, because Article 645 CPC provides that in any case Opposition to the terms to appear to be reduced to half. "
Che," Guidance for consolidated by this Court in the trial of opposition, the constitution should be treated in the later failure to establish and involves the admissibility of the opposition. "
that the application of legal principles first set out and referred will have significant impact on the opinions of opposition injunction in a course and that you will be expected to establish that:
to the term-constitution that the opponent is required to comply is 5 days of notification of the opposition, even when the opponent has granted 'to appear opposite the free terms provided by art. 163 bis, paragraph 1, Code of Civil Procedure;
b-term violation of the unspeakable, as a cause of admissibility of the opposition will lead to the further consequence of the declaration of enforceability of the decree which will take the opposite force of res judicata.
NOTES
As for the ongoing reviews, it appears that the United Sections have provided an interpretation of Article. 645 CCP, which has not, however, given the delays with which the judicial officers return the original notification of the summons in opposition, with the result that the opponent, to avoid disqualification, he is forced to enter a role with the cause production only an uncertified copy of that document.
Therefore, compared to a stated need to ensure a systematic coherence, you are going to further encourage a practice not possible under the non-formal and procedural practice which also requires the defense of the opponent to file with the Registrar, after all 'registration but before the hearing to appear, the original of opposition with the record of service, the latter activity not covered by the procedural system, much less is shown between the voices of the lawyers' fees.
regard to ongoing reviews, it appears that the joint sections have provided an interpretation of Article 645, paragraph 2, which amended the Code of Civil Procedure and fifty years of continuous ultra address the same Supreme Court and courts of substance, according to the delayed formation of the opponent were reduced to half, only when the opponent had exercised the option granted to him from reporting paragraph 2 of art. 645 cpc, so when they were granted contrary to the normal time of appearance, remained in dispute that the opponent's constitution could be made within 10 days of notification of the opposition.
E 'known address indicated that the case law has been followed in many reviews as opposed to injunctive relief because, as stated in law and recognized by the United Sections, the action of combining the terms provided for in paragraph 2 ° art. 645 cpc ended by pressing burden of compliance only to the opposing party and did not cover a real acceleration of the opposition.
It is therefore in the presence of a procedural situation in relation to which the application of the principle enunciated by the United Sections and consequent declaration of admissibility of the opposition, would unjustly penalize the opponents to the sole and exclusive benefit of opposites (most often economically strong parts of the legal source of rights in dispute) it also demeans the role of the judge who, in relation to numerous reviews started, will be called only to verify and confirm the revocation of the case of the opposing party (defendant) and the existence of the rights and merits of the claim that the opposite party (plaintiff) has indicated in the application for injunction.
those circumstances, the Council of the Bar of Rome
DENIES VIBRATAMENTE
That the United Sections of the Supreme Court have provided an interpretation of the wording of Article. 645 cpc, that beyond the stated "need for systematic coherence", has in fact indicated a principle of law to achieve the 'practical need for "drastic reduction of the litigation is ongoing source of opposition to the injunction, this objective that, if undertaken without the court has ruled on the parties' claims will result in a further weak point of the citizen's right to judicial protection.
EXPECTED
increasingly that the National Bar Council with a clear press release asked, with firm, a law that prevents emergency declarations in opposition to the mass of the injunction in which the opponent has not made up within 5 days.
THE Bar Council ROME ASKS
1) In charge of the courts of the District Court of Appeal of Rome to adopt at the outset all the more effective measures to ensure more prompt restitution of the acts of opposition to the injunction, even by setting up offices in the notifications of the Courts greater territorial extension fast-tracked for the notification and return of the indicators, so as to allow enrollment in the role with the filing of the original of the summons.
2) The Parliament and the Government under an emergency order as indicated by the National Bar Council in order to avoid this devastating "admissibility of mass."
Meanwhile inform their members / colleagues that the appeal to the court concerning the request for relief provided for in paragraph 2 of art. CCP 153 can identify a specific remedy to overcome opposition in the judgments of a court order under the negative consequences of an application to its place within the normal time limits.
This is because: a.
with the news article. 153 Code of Civil Procedure, made Law June 18, 2009, n, 69, remission has become an institution in terms of general order applicable to the case with reference to any type of term
b. the use of normal time limits for storage in the assessments made on the basis of constant addresses more than a decade of the jurisdiction of legitimacy and respect, is a serious cause of decline is not attributable to the party.
on the possibility to go to court to achieve remission in terms, it is reported that the single judge of the Court of Nola, Civil Section II, Dr. Catherine Costello, in the process 8011/09, by order of 28 / 9 / 2010, has undergone its own motion the parties the question of the admissibility of the opposition, in order to evaluate an application for referral terms.
The Council shall act immediately enforceable and the publication on the site.
Rome, October 11, 2010
The Board Secretary The President
Murra Rodolfo Antonio Conte
LiberoVideo - Video on this mail
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Brookstone Helicopter Rear Rotor
Judgement of Supreme Court injunction to sull'Opposzione poszione hard power of the Bar Council of Rome in the ANSA
Bar Council ROME
Terms of formal proceedings in opposition to injunctions after the new orientation of the Supreme Court: the Council's position.
- The Chairman and the Secretary, in light of the decision of SS.UU. No 19246 of 9 September last in terms of time allowed for the establishment of the opposing opinions in opposition to the injunction, after having discussed the issue in light of the debate emerged in the Council Commission of Law and Civil Procedure, asking that the Council adopt a resolution in which it takes its position with reference to the possible negative consequences that the new system involves the ongoing reviews. Briefly illustrate the issue on all Councillors who had not yet been informed of the decision mentioned above.
THE COUNCIL NOTED
That the United Chamber of the Supreme Court, in its ruling of September 9, 2010, No 19246, considered that in the judgments of opposition to injunction, "the need for consistency systematic as well as practical, justify the claim that not only the terms setting up the opponent and the opposite is automatically reduced to half in the opposite case of an actual assignment of a term to appear less than the legal one, but that this effect is due to the automatic just because the opposition has been proposed, because Article 645 CPC provides that in any case Opposition to the terms to appear to be reduced to half. "
Che," Guidance for consolidated by this Court in the trial of opposition, the constitution should be treated in the later failure to establish and involves the admissibility of the opposition. "
that the application of legal principles first set out and referred will have significant impact on the opinions of opposition injunction in a course and that you will be expected to establish that:
to the term-constitution that the opponent is required to comply is 5 days of notification of the opposition, even when the opponent has granted 'to appear opposite the free terms provided by art. 163 bis, paragraph 1, Code of Civil Procedure;
b-term violation of the unspeakable, as a cause of admissibility of the opposition will lead to the further consequence of the declaration of enforceability of the decree which will take the opposite force of res judicata.
NOTES
As for the ongoing reviews, it appears that the United Sections have provided an interpretation of Article. 645 CCP, which has not, however, given the delays with which the judicial officers return the original notification of the summons in opposition, with the result that the opponent, to avoid disqualification, he is forced to enter a role with the cause production only an uncertified copy of that document.
Therefore, compared to a stated need to ensure a systematic coherence, you are going to further encourage a practice not possible under the non-formal and procedural practice which also requires the defense of the opponent to file with the Registrar, after all 'registration but before the hearing to appear, the original of opposition with the record of service, the latter activity not covered by the procedural system, much less is shown between the voices of the lawyers' fees.
regard to ongoing reviews, it appears that the joint sections have provided an interpretation of Article 645, paragraph 2, which amended the Code of Civil Procedure and fifty years of continuous ultra address the same Supreme Court and courts of substance, according to the delayed formation of the opponent were reduced to half, only when the opponent had exercised the option granted to him from reporting paragraph 2 of art. 645 cpc, so when they were granted contrary to the normal time of appearance, remained in dispute that the opponent's constitution could be made within 10 days of notification of the opposition.
E 'known address indicated that the case law has been followed in many reviews as opposed to injunctive relief because, as stated in law and recognized by the United Sections, the action of combining the terms provided for in paragraph 2 ° art. 645 cpc ended by pressing burden of compliance only to the opposing party and did not cover a real acceleration of the opposition.
It is therefore in the presence of a procedural situation in relation to which the application of the principle enunciated by the United Sections and consequent declaration of admissibility of the opposition, would unjustly penalize the opponents to the sole and exclusive benefit of opposites (most often economically strong parts of the legal source of rights in dispute) it also demeans the role of the judge who, in relation to numerous reviews started, will be called only to verify and confirm the revocation of the case of the opposing party (defendant) and the existence of the rights and merits of the claim that the opposite party (plaintiff) has indicated in the application for injunction.
those circumstances, the Council of the Bar of Rome
DENIES VIBRATAMENTE
That the United Sections of the Supreme Court have provided an interpretation of the wording of Article. 645 cpc, that beyond the stated "need for systematic coherence", has in fact indicated a principle of law to achieve the 'practical need for "drastic reduction of the litigation is ongoing source of opposition to the injunction, this objective that, if undertaken without the court has ruled on the parties' claims will result in a further weak point of the citizen's right to judicial protection.
EXPECTED
increasingly that the National Bar Council with a clear press release asked, with firm, a law that prevents emergency declarations in opposition to the mass of the injunction in which the opponent has not made up within 5 days.
THE Bar Council ROME ASKS
1) In charge of the courts of the District Court of Appeal of Rome to adopt at the outset all the more effective measures to ensure more prompt restitution of the acts of opposition to the injunction, even by setting up offices in the notifications of the Courts greater territorial extension fast-tracked for the notification and return of the indicators, so as to allow enrollment in the role with the filing of the original of the summons.
2) The Parliament and the Government under an emergency order as indicated by the National Bar Council in order to avoid this devastating "admissibility of mass."
Meanwhile inform their members / colleagues that the appeal to the court concerning the request for relief provided for in paragraph 2 of art. CCP 153 can identify a specific remedy to overcome opposition in the judgments of a court order under the negative consequences of an application to its place within the normal time limits.
This is because: a.
with the news article. 153 Code of Civil Procedure, made Law June 18, 2009, n, 69, remission has become an institution in terms of general order applicable to the case with reference to any type of term
b. the use of normal time limits for storage in the assessments made on the basis of constant addresses more than a decade of the jurisdiction of legitimacy and respect, is a serious cause of decline is not attributable to the party.
on the possibility to go to court to achieve remission in terms, it is reported that the single judge of the Court of Nola, Civil Section II, Dr. Catherine Costello, in the process 8011/09, by order of 28 / 9 / 2010, has undergone its own motion the parties the question of the admissibility of the opposition, in order to evaluate an application for referral terms.
The Council shall act immediately enforceable and the publication on the site.
Rome, October 11, 2010
The Board Secretary The President
Murra Rodolfo Antonio Conte
LiberoVideo - Video on this mail
Loading ...
There was an error contacting the server. Please try again later. YouTube - Videos on this mail
Loading ...
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Bar Council ROME
Terms of formal proceedings in opposition to injunctions after the new orientation of the Supreme Court: the Council's position.
- The Chairman and the Secretary, in light of the decision of SS.UU. No 19246 of 9 September last in terms of time allowed for the establishment of the opposing opinions in opposition to the injunction, after having discussed the issue in light of the debate emerged in the Council Commission of Law and Civil Procedure, asking that the Council adopt a resolution in which it takes its position with reference to the possible negative consequences that the new system involves the ongoing reviews. Briefly illustrate the issue on all Councillors who had not yet been informed of the decision mentioned above.
THE COUNCIL NOTED
That the United Chamber of the Supreme Court, in its ruling of September 9, 2010, No 19246, considered that in the judgments of opposition to injunction, "the need for consistency systematic as well as practical, justify the claim that not only the terms setting up the opponent and the opposite is automatically reduced to half in the opposite case of an actual assignment of a term to appear less than the legal one, but that this effect is due to the automatic just because the opposition has been proposed, because Article 645 CPC provides that in any case Opposition to the terms to appear to be reduced to half. "
Che," Guidance for consolidated by this Court in the trial of opposition, the constitution should be treated in the later failure to establish and involves the admissibility of the opposition. "
that the application of legal principles first set out and referred will have significant impact on the opinions of opposition injunction in a course and that you will be expected to establish that:
to the term-constitution that the opponent is required to comply is 5 days of notification of the opposition, even when the opponent has granted 'to appear opposite the free terms provided by art. 163 bis, paragraph 1, Code of Civil Procedure;
b-term violation of the unspeakable, as a cause of admissibility of the opposition will lead to the further consequence of the declaration of enforceability of the decree which will take the opposite force of res judicata.
NOTES
As for the ongoing reviews, it appears that the United Sections have provided an interpretation of Article. 645 CCP, which has not, however, given the delays with which the judicial officers return the original notification of the summons in opposition, with the result that the opponent, to avoid disqualification, he is forced to enter a role with the cause production only an uncertified copy of that document.
Therefore, compared to a stated need to ensure a systematic coherence, you are going to further encourage a practice not possible under the non-formal and procedural practice which also requires the defense of the opponent to file with the Registrar, after all 'registration but before the hearing to appear, the original of opposition with the record of service, the latter activity not covered by the procedural system, much less is shown between the voices of the lawyers' fees.
regard to ongoing reviews, it appears that the joint sections have provided an interpretation of Article 645, paragraph 2, which amended the Code of Civil Procedure and fifty years of continuous ultra address the same Supreme Court and courts of substance, according to the delayed formation of the opponent were reduced to half, only when the opponent had exercised the option granted to him from reporting paragraph 2 of art. 645 cpc, so when they were granted contrary to the normal time of appearance, remained in dispute that the opponent's constitution could be made within 10 days of notification of the opposition.
E 'known address indicated that the case law has been followed in many reviews as opposed to injunctive relief because, as stated in law and recognized by the United Sections, the action of combining the terms provided for in paragraph 2 ° art. 645 cpc ended by pressing burden of compliance only to the opposing party and did not cover a real acceleration of the opposition.
It is therefore in the presence of a procedural situation in relation to which the application of the principle enunciated by the United Sections and consequent declaration of admissibility of the opposition, would unjustly penalize the opponents to the sole and exclusive benefit of opposites (most often economically strong parts of the legal source of rights in dispute) it also demeans the role of the judge who, in relation to numerous reviews started, will be called only to verify and confirm the revocation of the case of the opposing party (defendant) and the existence of the rights and merits of the claim that the opposite party (plaintiff) has indicated in the application for injunction.
those circumstances, the Council of the Bar of Rome
DENIES VIBRATAMENTE
That the United Sections of the Supreme Court have provided an interpretation of the wording of Article. 645 cpc, that beyond the stated "need for systematic coherence", has in fact indicated a principle of law to achieve the 'practical need for "drastic reduction of the litigation is ongoing source of opposition to the injunction, this objective that, if undertaken without the court has ruled on the parties' claims will result in a further weak point of the citizen's right to judicial protection.
EXPECTED
increasingly that the National Bar Council with a clear press release asked, with firm, a law that prevents emergency declarations in opposition to the mass of the injunction in which the opponent has not made up within 5 days.
THE Bar Council ROME ASKS
1) In charge of the courts of the District Court of Appeal of Rome to adopt at the outset all the more effective measures to ensure more prompt restitution of the acts of opposition to the injunction, even by setting up offices in the notifications of the Courts greater territorial extension fast-tracked for the notification and return of the indicators, so as to allow enrollment in the role with the filing of the original of the summons.
2) The Parliament and the Government under an emergency order as indicated by the National Bar Council in order to avoid this devastating "admissibility of mass."
Meanwhile inform their members / colleagues that the appeal to the court concerning the request for relief provided for in paragraph 2 of art. CCP 153 can identify a specific remedy to overcome opposition in the judgments of a court order under the negative consequences of an application to its place within the normal time limits.
This is because: a.
with the news article. 153 Code of Civil Procedure, made Law June 18, 2009, n, 69, remission has become an institution in terms of general order applicable to the case with reference to any type of term
b. the use of normal time limits for storage in the assessments made on the basis of constant addresses more than a decade of the jurisdiction of legitimacy and respect, is a serious cause of decline is not attributable to the party.
on the possibility to go to court to achieve remission in terms, it is reported that the single judge of the Court of Nola, Civil Section II, Dr. Catherine Costello, in the process 8011/09, by order of 28 / 9 / 2010, has undergone its own motion the parties the question of the admissibility of the opposition, in order to evaluate an application for referral terms.
The Council shall act immediately enforceable and the publication on the site.
Rome, October 11, 2010
The Board Secretary The President
Murra Rodolfo Antonio Conte
LiberoVideo - Video on this mail
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Friday, October 8, 2010
Mera Naam Jocker Hot Bathing Scene
Emanuela Orlandi
Orlandi pm Rome, knows everything band Magliana
former member under observation Manlio Vitale
(ANSA) - ROMA, 8 October -''e are convinced that the Banda Magliana know what happened to Emanuela Orlandi '. So 'the prosecutor Giancarlo Capaldo.Per shed light on his disappearance, said Capaldo, owner of the investigations into the disappearance of the girl, along with the deputy Simon Maisto - we are monitoring activities' past and present organization and we will do the same for those future '. The network of 'observed' and 'finished Manlio Vitale, 61, known as' Er Gnappi'.
Orlandi pm Rome, knows everything band Magliana
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professionally dr.Capaldo know what I believe, in my view, probably the best Italian investigators, but certainly the more calm, if he did this outside ..... maybe this time we have. Massimiliano
Scaringella
Orlandi pm Rome, knows everything band Magliana
former member under observation Manlio Vitale
(ANSA) - ROMA, 8 October -''e are convinced that the Banda Magliana know what happened to Emanuela Orlandi '. So 'the prosecutor Giancarlo Capaldo.Per shed light on his disappearance, said Capaldo, owner of the investigations into the disappearance of the girl, along with the deputy Simon Maisto - we are monitoring activities' past and present organization and we will do the same for those future '. The network of 'observed' and 'finished Manlio Vitale, 61, known as' Er Gnappi'.
Orlandi pm Rome, knows everything band Magliana
© Copyright ANSA
All rights reserved «Back to newsVai Media Center»
professionally dr.Capaldo know what I believe, in my view, probably the best Italian investigators, but certainly the more calm, if he did this outside ..... maybe this time we have. Massimiliano
Scaringella
Mera Naam Jocker Hot Bathing Scene
Emanuela Orlandi
Orlandi pm Rome, knows everything band Magliana
former member under observation Manlio Vitale
(ANSA) - ROMA, 8 October -''e are convinced that the Banda Magliana know what happened to Emanuela Orlandi '. So 'the prosecutor Giancarlo Capaldo.Per shed light on his disappearance, said Capaldo, owner of the investigations into the disappearance of the girl, along with the deputy Simon Maisto - we are monitoring activities' past and present organization and we will do the same for those future '. The network of 'observed' and 'finished Manlio Vitale, 61, known as' Er Gnappi'.
Orlandi pm Rome, knows everything band Magliana
© Copyright ANSA
All rights reserved «Back to newsVai Media Center»
professionally dr.Capaldo know what I believe, in my view, probably the best Italian investigators, but certainly the more calm, if he did this outside ..... maybe this time we have. Massimiliano
Scaringella
Orlandi pm Rome, knows everything band Magliana
former member under observation Manlio Vitale
(ANSA) - ROMA, 8 October -''e are convinced that the Banda Magliana know what happened to Emanuela Orlandi '. So 'the prosecutor Giancarlo Capaldo.Per shed light on his disappearance, said Capaldo, owner of the investigations into the disappearance of the girl, along with the deputy Simon Maisto - we are monitoring activities' past and present organization and we will do the same for those future '. The network of 'observed' and 'finished Manlio Vitale, 61, known as' Er Gnappi'.
Orlandi pm Rome, knows everything band Magliana
© Copyright ANSA
All rights reserved «Back to newsVai Media Center»
professionally dr.Capaldo know what I believe, in my view, probably the best Italian investigators, but certainly the more calm, if he did this outside ..... maybe this time we have. Massimiliano
Scaringella
Wednesday, October 6, 2010
Foot Sniffing Friends Mothers Feet
case of the Bar Council PRESS
National Bar Council at the Ministry of Justice
PRESS
opposition to injunctions: the CNF urgent request for a sneaky
to avoid the admissibility of mass
The Attorney calls for regulatory intervention, interpretation of ' Article 645 of the Code to overcome
halter Court of the United Sections of the Supreme Court (Judgement No. 19246 of September 9 last year)
Rome 10.06.2010. A sneaky urgent to prevent the statements in mass
admissibility of the opposition to the injunction in which the opponent has not made
within five days. The
strongly urges the Bar Council, to overcome the law of the United
sections of the Supreme Court that is creating great confusion in the category of advocate, concerned about the effect
"disposal" for admissibility of thousands of opposition to the decrees
relief.
to light the concerns Advocacy has been a
recent ruling by the United Sections of the Supreme Court (Judgement of 9 September 19246), while reaffirming that the constant guidance of the Court
, according to which the abbreviation of the terms of the opponent follows up automatically
objective of concession to the fact 'the opposite of a time of summons
lower than normal, has also provided a "clarification" stating that the effect
"automatic" reduction to the formation of the opposite half of the period of work for the "one
done" that the opposition has been proposed. With the result, which is considered devastating
the bar, that the late establishment of the opponent (over a period of five days) should be treated
its failure to establish and involves the admissibility of the opposition.
So in fact the decision: "systematic consistency requirements as well as practical (as
acceleration of the proceedings, ed), justify the claim that not only the terms of the constitution and of the opposite opponent
are automatically reduced to half in case of an actual assignment
opposed to a deadline to appear less than the legal one, but that this effect is due to the automatic
mere fact that the opposition has been proposed, since Article 645 provides that in any case Opposition
the terms to appear to be reduced in half. If, however, in which the opponent checks
a time of summons not less than the legal one, still saves the power of the opposite,
dimidiato formed in the end, the anticipation of the hearing to request an appearance under
art. 163 bis, paragraph 3. "
For the CNF, then, should be clarified urgently, and by legislation, the scope of Article 645 cpc
second paragraph, stating that the abbreviation of the terms of the constitution is not automatic, but the opponent
derives from his decision to exercise the option of reducing the contrary
term to appear.
National Bar Council at the Ministry of Justice
PRESS
opposition to injunctions: the CNF urgent request for a sneaky
to avoid the admissibility of mass
The Attorney calls for regulatory intervention, interpretation of ' Article 645 of the Code to overcome
halter Court of the United Sections of the Supreme Court (Judgement No. 19246 of September 9 last year)
Rome 10.06.2010. A sneaky urgent to prevent the statements in mass
admissibility of the opposition to the injunction in which the opponent has not made
within five days. The
strongly urges the Bar Council, to overcome the law of the United
sections of the Supreme Court that is creating great confusion in the category of advocate, concerned about the effect
"disposal" for admissibility of thousands of opposition to the decrees
relief.
to light the concerns Advocacy has been a
recent ruling by the United Sections of the Supreme Court (Judgement of 9 September 19246), while reaffirming that the constant guidance of the Court
, according to which the abbreviation of the terms of the opponent follows up automatically
objective of concession to the fact 'the opposite of a time of summons
lower than normal, has also provided a "clarification" stating that the effect
"automatic" reduction to the formation of the opposite half of the period of work for the "one
done" that the opposition has been proposed. With the result, which is considered devastating
the bar, that the late establishment of the opponent (over a period of five days) should be treated
its failure to establish and involves the admissibility of the opposition.
So in fact the decision: "systematic consistency requirements as well as practical (as
acceleration of the proceedings, ed), justify the claim that not only the terms of the constitution and of the opposite opponent
are automatically reduced to half in case of an actual assignment
opposed to a deadline to appear less than the legal one, but that this effect is due to the automatic
mere fact that the opposition has been proposed, since Article 645 provides that in any case Opposition
the terms to appear to be reduced in half. If, however, in which the opponent checks
a time of summons not less than the legal one, still saves the power of the opposite,
dimidiato formed in the end, the anticipation of the hearing to request an appearance under
art. 163 bis, paragraph 3. "
For the CNF, then, should be clarified urgently, and by legislation, the scope of Article 645 cpc
second paragraph, stating that the abbreviation of the terms of the constitution is not automatic, but the opponent
derives from his decision to exercise the option of reducing the contrary
term to appear.
Foot Sniffing Friends Mothers Feet
case of the Bar Council PRESS
National Bar Council at the Ministry of Justice
PRESS
opposition to injunctions: the CNF urgent request for a sneaky
to avoid the admissibility of mass
The Attorney calls for regulatory intervention, interpretation of ' Article 645 of the Code to overcome
halter Court of the United Sections of the Supreme Court (Judgement No. 19246 of September 9 last year)
Rome 10.06.2010. A sneaky urgent to prevent the statements in mass
admissibility of the opposition to the injunction in which the opponent has not made
within five days. The
strongly urges the Bar Council, to overcome the law of the United
sections of the Supreme Court that is creating great confusion in the category of advocate, concerned about the effect
"disposal" for admissibility of thousands of opposition to the decrees
relief.
to light the concerns Advocacy has been a
recent ruling by the United Sections of the Supreme Court (Judgement of 9 September 19246), while reaffirming that the constant guidance of the Court
, according to which the abbreviation of the terms of the opponent follows up automatically
objective of concession to the fact 'the opposite of a time of summons
lower than normal, has also provided a "clarification" stating that the effect
"automatic" reduction to the formation of the opposite half of the period of work for the "one
done" that the opposition has been proposed. With the result, which is considered devastating
the bar, that the late establishment of the opponent (over a period of five days) should be treated
its failure to establish and involves the admissibility of the opposition.
So in fact the decision: "systematic consistency requirements as well as practical (as
acceleration of the proceedings, ed), justify the claim that not only the terms of the constitution and of the opposite opponent
are automatically reduced to half in case of an actual assignment
opposed to a deadline to appear less than the legal one, but that this effect is due to the automatic
mere fact that the opposition has been proposed, since Article 645 provides that in any case Opposition
the terms to appear to be reduced in half. If, however, in which the opponent checks
a time of summons not less than the legal one, still saves the power of the opposite,
dimidiato formed in the end, the anticipation of the hearing to request an appearance under
art. 163 bis, paragraph 3. "
For the CNF, then, should be clarified urgently, and by legislation, the scope of Article 645 cpc
second paragraph, stating that the abbreviation of the terms of the constitution is not automatic, but the opponent
derives from his decision to exercise the option of reducing the contrary
term to appear.
National Bar Council at the Ministry of Justice
PRESS
opposition to injunctions: the CNF urgent request for a sneaky
to avoid the admissibility of mass
The Attorney calls for regulatory intervention, interpretation of ' Article 645 of the Code to overcome
halter Court of the United Sections of the Supreme Court (Judgement No. 19246 of September 9 last year)
Rome 10.06.2010. A sneaky urgent to prevent the statements in mass
admissibility of the opposition to the injunction in which the opponent has not made
within five days. The
strongly urges the Bar Council, to overcome the law of the United
sections of the Supreme Court that is creating great confusion in the category of advocate, concerned about the effect
"disposal" for admissibility of thousands of opposition to the decrees
relief.
to light the concerns Advocacy has been a
recent ruling by the United Sections of the Supreme Court (Judgement of 9 September 19246), while reaffirming that the constant guidance of the Court
, according to which the abbreviation of the terms of the opponent follows up automatically
objective of concession to the fact 'the opposite of a time of summons
lower than normal, has also provided a "clarification" stating that the effect
"automatic" reduction to the formation of the opposite half of the period of work for the "one
done" that the opposition has been proposed. With the result, which is considered devastating
the bar, that the late establishment of the opponent (over a period of five days) should be treated
its failure to establish and involves the admissibility of the opposition.
So in fact the decision: "systematic consistency requirements as well as practical (as
acceleration of the proceedings, ed), justify the claim that not only the terms of the constitution and of the opposite opponent
are automatically reduced to half in case of an actual assignment
opposed to a deadline to appear less than the legal one, but that this effect is due to the automatic
mere fact that the opposition has been proposed, since Article 645 provides that in any case Opposition
the terms to appear to be reduced in half. If, however, in which the opponent checks
a time of summons not less than the legal one, still saves the power of the opposite,
dimidiato formed in the end, the anticipation of the hearing to request an appearance under
art. 163 bis, paragraph 3. "
For the CNF, then, should be clarified urgently, and by legislation, the scope of Article 645 cpc
second paragraph, stating that the abbreviation of the terms of the constitution is not automatic, but the opponent
derives from his decision to exercise the option of reducing the contrary
term to appear.
Ge Manuals For Food Processors
Supreme Court: Judgement delivered to sections combined with successful completion of a Copernican revolution in opposition to injunctions
ORDER (PER CASE)
Cass. Civ. Sec. United Sent., 09.09.2010, No 19,246
Done Right PQM
Conduct of case, the Court of Lecce, in its ruling of June 15, 2000, said the opposition filed by CG declined jurisdiction against an injunction issued in favor of bancApulia spa, as the opponent, while having assigned a term contrary to appear less than 60 days, it is beyond a period of five days of notification of the proceedings.
The Court of Appeal of Lecce, in its ruling of July 1, 2003, confirmed the decision at first instance by calling the course charted by this court, inter alia, in sentence no 37,521 in 2001, according to which the abbreviation of the terms of a constitution for the opponent automatically follow the objective fact of the grant as opposed to a period of less than sixty days to appear, making it completely irrelevant that the grant is to be depended on a conscious choice or by miscalculation. The
C. appealed to the Supreme Court on three grounds, illustrated with memory, which has resisted, with the defense, the bancApulia spa.
By order of November 12, 2008, the first section, considering that the orientation of the court consolidated these problem areas has referred the documents to the first President for the award these sections together.
The first section has indeed found not to respond to the rite of the Code which govern the terms of a procedure can be derived from the choice of a party to the proceedings, outside of any control by the court. Irrelevant would be the point of art. Cpc 645, subsection 2, which lacks an express requirement of a halving of the terms of the Constitution which, in fact, be inferred from Article. 165 and 166 of the CPC, which, however, provide for the reduction in terms of establishment as a result of the reduction in terms of appearance was made by the court at the request of the plaintiff in the recurrence of the conditions specified in art. 163 bis cpc.
However, if it were true the assumption of the existence of a principle of adjusting the terms of the constitution to reduce the appearance of those terms of the constitution should always operate in opposition to the injunction proceedings, because the wording of Article . Cpc 645, subsection 2, does not allow any discretion. But if the ratio of the reduction in terms of appearance is to accelerate the definition of the lawsuit it filed, the goal of reducing the terms of the constitution is not consistent with this objective, given that the period of formation of the creditor shall begin not from the opposite Constitution of the opponent, but the hearing date to appear, which, inter alia, due to the modification of art. 163 bis cpc, introduced by L. No 263, 2005, Art. 2 is extended from sixty to ninety days to Italy and a hundred and fifty to one hundred twenty days if the place of service is abroad. Therefore, without an appreciable benefit for the early definition of the lawsuit it filed, you end up introducing a particularly heavy burden borne by the opponent, which only formally similar burden would be balanced by the creditor opposite, which can not in any way be treated as the defendant in an ordinary trial, he having, indeed, as an actor in a substantive way. In this situation, where it is considered active, reducing the time Constitution to effect automatic allocation to the opposite of creditor for a shorter period to forty-five days would be an obvious unreasonable since, in the face of a period of up to the opponent of only five days, the opposite should be within ten days before the hearing to appear, coming so far to enjoy 35 days to provide for their defense. The pressure thus rests sull'opponente, and does not apply to reduce the time length of the process of opposition would be unwarranted given that the opponent is the only actor in the formal sense, but essentially agreed, and the need to take the cause not the result of a considered choice in a period of assessment, but require the notification of the order, where the opposite has time to establish much wider, though, an actor in a substantive way has received widespread availability of time to appeal the decision to injunction.
Reasons for Decision 1. In its first plea, the applicant submits the failure and / or insufficient justification about the decisive points with reference to art. CPC 645, paragraph 2 and art. 647 Code of Civil Procedure, arguing that the appeals court would uncritically resting on the orientation of legitimacy of law, without regard to the relief, raised in the appeal, because that would make the abbreviation the terms assigned to the creditor to appear opposite is required a conscious expression of will of the opponent the option provided by law, made either explicitly or inferred from conclusive evidence. In the present case were not adequately assessed the situation that the time for appearance was only given seven days less than the minimum and that the constitution took place on the ninth day, which had to tend to a clerical error in calculating the period of appearance . Considered irrelevant to the error introduce a rebuttable presumption of the exercise of an abbreviation of the terms for the opponent is not allowed by law, turning right at a obligation. In addition, the applicant states that the prediction of the renewal of summons (Art. 164 CCP) in the case of assignment of a term less than the law should also be applied in the trial of opposition to injunction, which is an ordinary court of cognition, is insufficient reference to the specialty of the rite to justify the imposition of a penalty, such as that of admissibility.
its second plea, alleging infringement or misapplication of Article. Cpc 645, subsection 2, with reference to Article. 647 CCP, it is argued that the trial of opposition, according to art. 645 Code of Civil Procedure shall apply the ordinary rules of procedure and therefore in the case of formal proceedings, not failure, but merely delayed, the penalty is not justified dell'improcedibilitĂ case, applied only to the appeal proceedings article. 348 Code of Civil Procedure, as amended by Law No 353, 1990. It is also reported substantial inconsistency in holding inapplicable to the specialty of the ritual, art. 164 cpc doing at the same time application of the provisions of Articles. 165 and 163 bis cpc.
The third reason, the applicant submits false or incorrect application of Article. Cpc 645, subsection 2, as it is not proper extension of the shortened time limits provided for by the constitution. 165, for the case where the court has authorized the reduction of the minimum to appear, a situation in which, reducing the time for appearance is a result of mere choice of a party.
2. The reasons given by the applicant, in part developed and implemented an interim order of the First Civil Chamber, are not adequate to justify a change in the constant guidance of the court, although, as will be explained later, it is appropriate to make a clarification. Apart from a previous single dating contrary, was totally isolated (Cass. January 10, 1955 No. 8), the Court's jurisprudence has been consistent in saying that when the opposing party has exercised the option to specify a time of summons under the ordinary, the term for its establishment is automatically reduced to five days of service of a summons in contrast, half the normal period of formation (the principle stated in Article force. 645, as amended by Presidential Decree No. 597 of 1950 , Art. 13 beginning with Cass. October 12, 1955, No 3053 and then steadily thereafter; recently, see Cass. No 3355/1987, 2460/1995, 3316 and 12044/1998, 18942/2006).
More recently, in the context of this guideline, it is further stated that the abbreviation of the term constitution for the opponent automatically follow the objective fact of the grant as opposed to a period of lower than normal appearance, it is irrelevant that the setting of this period depended on both a conscious choice or by miscalculation (Cass. No 3752/2001, 14017/2002, 17915/2004, 11436/2009).
Contrary to what was deemed to be a part of the doctrine guidance mentioned here is not without the necessary legal basis.
fact, if it is true that in the original code of '42, art. 645, paragraph 2 provided for the reduction to half of the terms "constitution", while the reduction in the current wording of the provision refers only to the mid-terms of "appearance" from the legislative history does not, however, that the text amendment was introduced to resize function accelerator of cutting in half the time of creation given in the framework previously in force, but only that the rule had been imposed as a necessary consequence of the introduction of the summons to the hearing fixed.
There is, however, no objective reason to justify the opposite opinion which considers that the silence of the legislature in order to discipline the terms of the constitution, against the express provision in the legislation previously in force, is significant of the desire to change the rule expressly established by art. Cpc 165, subsection 1, which establishes a link between terms of attendance and terms of the Constitution in order to bring coherence to the system in cases that require prompt treatment.
It follows that this rule can not be regarded as some kind of exception or derogation, but an expression of a general principle of rationality and consistency with the result that the express reference in Art. 645 of this principle would be entirely superfluous.
Nor is the decisive importance, undoubtedly correct, the difference between the case in art. Cpc 163 bis, paragraph 2, in which the consequence is an abbreviation of the terms by the court of the existence of reasons for a speedy handling of the case proposed by the plaintiff, and that in art. 645 CPC, in which this appreciation is taken (not by hand, as supports the referral order, but directly) by the legislature once and for all, being identical in both cases the function of halving the terms of appearance, namely, first, in meeting the needs of acceleration of proceedings and other , in the opportunity to balance the compression of the terms available to the defendant with the reduction in terms of establishment of the actor.
Since the peaceful existence of the need calls for discussion of the opposition, to enable verification of the validity of the measure summary obtained by the creditor ex parte, it must be observed that there is also a need to balance the positions of the parties, while taking into account the peculiarities of the opinion that the opposition, as is known, the nature of a full assessment of cognition that devolves to the court's thorough examination of the opposition relationship in dispute, and not simply a preliminary review of the legality of the decree order. E 'is also common ground that, unlike the formal qualities, and the opposing positions are those of the opposite, respectively, defendant and plaintiff in a substantive way. Now, although the opposite has had plenty of time to set its position before asking the trial court order, is also true that, faced with allegations and evidence produced or requested by the opponent, the ' has the opposite need to evaluate them in order to prepare his defense and to this end there is a need to have the documents on which the opposition is based as soon as possible, to balance the sacrifice of the term at its disposal to assess the evidence and articulate hearing before the court in its constitution.
What is certain is that certainly needs to calls for better treatment of the opposition proceedings would be met if more than half of the reduction in terms of opposing the constitution the legislature had also reduced by the fair terms of establishment of the opposite , which instead remain quite large (thirty-five days of notification of the opposition that is, ten days before the hearing to be fixed at not less than forty-five days after the notification under Article. 166 CCP), but this opportunity to indulge "eurythmy system (court cost. No 18/2008), does not affect the validity of the ground that the opponent's half of the terms of the constitution, however, is one, albeit partial and perhaps unsatisfactory, being accelerated procedure.
3. Part of the doctrine, echoed by order of the first civil division, said that the wording of Article. 645 cpc suggests that halving the time for appearance is an effect of the legal opposition and proposition is not dependent instead of the will of the opponent intends to assign a shorter period than that prescribed by. 163 bis cpc.
Indeed needs certainty and thus to guarantee the parties, before the imposition of time under penalty of prosecution of the opposition, has already led to introduce traditional orientation, based on the optional nature of the concession by the opponent to a time to appear lower than the legal, temperament made by the emergence of irrelevance of the will of the opponent that could have given a shorter period even by mistake.
They believe that the requirements of sections merged systematic coherence, as well as practical, induce to say that not only the terms of the constitution of the opponent and the opposite is automatically reduced to half in the opposite case of an actual assignment of a term to appear less than the legal one, but that this effect is automatic consequence of the fact that only debunks the opposition is given, as the art. 645 Code of Civil Procedure provides that in any case Opposition to the terms to appear to be reduced in half. If, however, in which the opponent sets a deadline for an appearance equal to or greater than the legal one, still saves the power of the opposite, formed within dimidiato, the anticipation of the hearing to ask for an appearance in accordance with Article . 163 bis, paragraph 3.
On the other hand, if effectively halving the terms of the constitution depended on the will of the opponent to assign a deadline to appear less than the legal one, you do not understand the reason why, according to the jurisprudence of this Court, are cumulatali halving estimates derived from abstract legal in art. 645 cpc, what can be derived using a proper measure of halving of the terms required under art. 163 bis, paragraph 3. (Cass. No 4719/1995, 18203/2008).
Nor could lead to different conclusions, the observation that if it is considered irrelevant to the opponent's will assign a deadline to appear less than the legal one, it might raise the question that the sacrifice of his term of constitution can not be justified in the light of Article. 24 of the Constitution, as might be inferred from the court cost. No 38/2008. In fact, the legal effect of halving the terms of establishment of the opponent, an official of the opposition is simply because of the proposition, it is still an effect from the choice of the debtor can not not know what the consequences are that the procedural law linked to his initiative.
Finally, the magnitude of different terms of establishment of the opponent than the opposite would not appear unreasonable given that the constitution is the first post-processing of the defensive line that has already resulted in the act of opposition to the court in which the Constitution does not require the completion of a simple material activity, while in time for its establishment, the opposite is not called simply to reiterate the reasons for his application for an order, subject to the processing stage prior to bringing an action for injunction, but the need to evaluate the allegations and the evidence submitted by the opposing party to formulate its response.
4. E 'consolidated guidance of this Court in the trial of opposition to injunctions, the late establishment of the opponent should be treated in the failure to establish and involves the admissibility of the opposition (Cass. n. 9684/1992, 2707/1990, 1375/1980, 652/1978, 3286/1971, 3030/1969, 3231/1963, 3417/1962, 2636/1962, 761/1960, 2862/1958, 2488/1957, 3128/1956). E 'undeniable fact, on the one hand, that the specialty of the rule in art. Cpc 647 prevents the application of ordinary rules of the process of cognition, and second, that the constitution is nothing but a late failure to establish within the time specified by law. The applicant has not proposed decisive reasons that may lead the Court to depart from that approach. In conclusion, the appeal must be dismissed.
There are good reasons in relation to the existing debate on issues addressed by this court, to offset costs.
PQM
The Court rejected the appeal and award costs.
ORDER (PER CASE)
Cass. Civ. Sec. United Sent., 09.09.2010, No 19,246
Done Right PQM
Conduct of case, the Court of Lecce, in its ruling of June 15, 2000, said the opposition filed by CG declined jurisdiction against an injunction issued in favor of bancApulia spa, as the opponent, while having assigned a term contrary to appear less than 60 days, it is beyond a period of five days of notification of the proceedings.
The Court of Appeal of Lecce, in its ruling of July 1, 2003, confirmed the decision at first instance by calling the course charted by this court, inter alia, in sentence no 37,521 in 2001, according to which the abbreviation of the terms of a constitution for the opponent automatically follow the objective fact of the grant as opposed to a period of less than sixty days to appear, making it completely irrelevant that the grant is to be depended on a conscious choice or by miscalculation. The
C. appealed to the Supreme Court on three grounds, illustrated with memory, which has resisted, with the defense, the bancApulia spa.
By order of November 12, 2008, the first section, considering that the orientation of the court consolidated these problem areas has referred the documents to the first President for the award these sections together.
The first section has indeed found not to respond to the rite of the Code which govern the terms of a procedure can be derived from the choice of a party to the proceedings, outside of any control by the court. Irrelevant would be the point of art. Cpc 645, subsection 2, which lacks an express requirement of a halving of the terms of the Constitution which, in fact, be inferred from Article. 165 and 166 of the CPC, which, however, provide for the reduction in terms of establishment as a result of the reduction in terms of appearance was made by the court at the request of the plaintiff in the recurrence of the conditions specified in art. 163 bis cpc.
However, if it were true the assumption of the existence of a principle of adjusting the terms of the constitution to reduce the appearance of those terms of the constitution should always operate in opposition to the injunction proceedings, because the wording of Article . Cpc 645, subsection 2, does not allow any discretion. But if the ratio of the reduction in terms of appearance is to accelerate the definition of the lawsuit it filed, the goal of reducing the terms of the constitution is not consistent with this objective, given that the period of formation of the creditor shall begin not from the opposite Constitution of the opponent, but the hearing date to appear, which, inter alia, due to the modification of art. 163 bis cpc, introduced by L. No 263, 2005, Art. 2 is extended from sixty to ninety days to Italy and a hundred and fifty to one hundred twenty days if the place of service is abroad. Therefore, without an appreciable benefit for the early definition of the lawsuit it filed, you end up introducing a particularly heavy burden borne by the opponent, which only formally similar burden would be balanced by the creditor opposite, which can not in any way be treated as the defendant in an ordinary trial, he having, indeed, as an actor in a substantive way. In this situation, where it is considered active, reducing the time Constitution to effect automatic allocation to the opposite of creditor for a shorter period to forty-five days would be an obvious unreasonable since, in the face of a period of up to the opponent of only five days, the opposite should be within ten days before the hearing to appear, coming so far to enjoy 35 days to provide for their defense. The pressure thus rests sull'opponente, and does not apply to reduce the time length of the process of opposition would be unwarranted given that the opponent is the only actor in the formal sense, but essentially agreed, and the need to take the cause not the result of a considered choice in a period of assessment, but require the notification of the order, where the opposite has time to establish much wider, though, an actor in a substantive way has received widespread availability of time to appeal the decision to injunction.
Reasons for Decision 1. In its first plea, the applicant submits the failure and / or insufficient justification about the decisive points with reference to art. CPC 645, paragraph 2 and art. 647 Code of Civil Procedure, arguing that the appeals court would uncritically resting on the orientation of legitimacy of law, without regard to the relief, raised in the appeal, because that would make the abbreviation the terms assigned to the creditor to appear opposite is required a conscious expression of will of the opponent the option provided by law, made either explicitly or inferred from conclusive evidence. In the present case were not adequately assessed the situation that the time for appearance was only given seven days less than the minimum and that the constitution took place on the ninth day, which had to tend to a clerical error in calculating the period of appearance . Considered irrelevant to the error introduce a rebuttable presumption of the exercise of an abbreviation of the terms for the opponent is not allowed by law, turning right at a obligation. In addition, the applicant states that the prediction of the renewal of summons (Art. 164 CCP) in the case of assignment of a term less than the law should also be applied in the trial of opposition to injunction, which is an ordinary court of cognition, is insufficient reference to the specialty of the rite to justify the imposition of a penalty, such as that of admissibility.
its second plea, alleging infringement or misapplication of Article. Cpc 645, subsection 2, with reference to Article. 647 CCP, it is argued that the trial of opposition, according to art. 645 Code of Civil Procedure shall apply the ordinary rules of procedure and therefore in the case of formal proceedings, not failure, but merely delayed, the penalty is not justified dell'improcedibilitĂ case, applied only to the appeal proceedings article. 348 Code of Civil Procedure, as amended by Law No 353, 1990. It is also reported substantial inconsistency in holding inapplicable to the specialty of the ritual, art. 164 cpc doing at the same time application of the provisions of Articles. 165 and 163 bis cpc.
The third reason, the applicant submits false or incorrect application of Article. Cpc 645, subsection 2, as it is not proper extension of the shortened time limits provided for by the constitution. 165, for the case where the court has authorized the reduction of the minimum to appear, a situation in which, reducing the time for appearance is a result of mere choice of a party.
2. The reasons given by the applicant, in part developed and implemented an interim order of the First Civil Chamber, are not adequate to justify a change in the constant guidance of the court, although, as will be explained later, it is appropriate to make a clarification. Apart from a previous single dating contrary, was totally isolated (Cass. January 10, 1955 No. 8), the Court's jurisprudence has been consistent in saying that when the opposing party has exercised the option to specify a time of summons under the ordinary, the term for its establishment is automatically reduced to five days of service of a summons in contrast, half the normal period of formation (the principle stated in Article force. 645, as amended by Presidential Decree No. 597 of 1950 , Art. 13 beginning with Cass. October 12, 1955, No 3053 and then steadily thereafter; recently, see Cass. No 3355/1987, 2460/1995, 3316 and 12044/1998, 18942/2006).
More recently, in the context of this guideline, it is further stated that the abbreviation of the term constitution for the opponent automatically follow the objective fact of the grant as opposed to a period of lower than normal appearance, it is irrelevant that the setting of this period depended on both a conscious choice or by miscalculation (Cass. No 3752/2001, 14017/2002, 17915/2004, 11436/2009).
Contrary to what was deemed to be a part of the doctrine guidance mentioned here is not without the necessary legal basis.
fact, if it is true that in the original code of '42, art. 645, paragraph 2 provided for the reduction to half of the terms "constitution", while the reduction in the current wording of the provision refers only to the mid-terms of "appearance" from the legislative history does not, however, that the text amendment was introduced to resize function accelerator of cutting in half the time of creation given in the framework previously in force, but only that the rule had been imposed as a necessary consequence of the introduction of the summons to the hearing fixed.
There is, however, no objective reason to justify the opposite opinion which considers that the silence of the legislature in order to discipline the terms of the constitution, against the express provision in the legislation previously in force, is significant of the desire to change the rule expressly established by art. Cpc 165, subsection 1, which establishes a link between terms of attendance and terms of the Constitution in order to bring coherence to the system in cases that require prompt treatment.
It follows that this rule can not be regarded as some kind of exception or derogation, but an expression of a general principle of rationality and consistency with the result that the express reference in Art. 645 of this principle would be entirely superfluous.
Nor is the decisive importance, undoubtedly correct, the difference between the case in art. Cpc 163 bis, paragraph 2, in which the consequence is an abbreviation of the terms by the court of the existence of reasons for a speedy handling of the case proposed by the plaintiff, and that in art. 645 CPC, in which this appreciation is taken (not by hand, as supports the referral order, but directly) by the legislature once and for all, being identical in both cases the function of halving the terms of appearance, namely, first, in meeting the needs of acceleration of proceedings and other , in the opportunity to balance the compression of the terms available to the defendant with the reduction in terms of establishment of the actor.
Since the peaceful existence of the need calls for discussion of the opposition, to enable verification of the validity of the measure summary obtained by the creditor ex parte, it must be observed that there is also a need to balance the positions of the parties, while taking into account the peculiarities of the opinion that the opposition, as is known, the nature of a full assessment of cognition that devolves to the court's thorough examination of the opposition relationship in dispute, and not simply a preliminary review of the legality of the decree order. E 'is also common ground that, unlike the formal qualities, and the opposing positions are those of the opposite, respectively, defendant and plaintiff in a substantive way. Now, although the opposite has had plenty of time to set its position before asking the trial court order, is also true that, faced with allegations and evidence produced or requested by the opponent, the ' has the opposite need to evaluate them in order to prepare his defense and to this end there is a need to have the documents on which the opposition is based as soon as possible, to balance the sacrifice of the term at its disposal to assess the evidence and articulate hearing before the court in its constitution.
What is certain is that certainly needs to calls for better treatment of the opposition proceedings would be met if more than half of the reduction in terms of opposing the constitution the legislature had also reduced by the fair terms of establishment of the opposite , which instead remain quite large (thirty-five days of notification of the opposition that is, ten days before the hearing to be fixed at not less than forty-five days after the notification under Article. 166 CCP), but this opportunity to indulge "eurythmy system (court cost. No 18/2008), does not affect the validity of the ground that the opponent's half of the terms of the constitution, however, is one, albeit partial and perhaps unsatisfactory, being accelerated procedure.
3. Part of the doctrine, echoed by order of the first civil division, said that the wording of Article. 645 cpc suggests that halving the time for appearance is an effect of the legal opposition and proposition is not dependent instead of the will of the opponent intends to assign a shorter period than that prescribed by. 163 bis cpc.
Indeed needs certainty and thus to guarantee the parties, before the imposition of time under penalty of prosecution of the opposition, has already led to introduce traditional orientation, based on the optional nature of the concession by the opponent to a time to appear lower than the legal, temperament made by the emergence of irrelevance of the will of the opponent that could have given a shorter period even by mistake.
They believe that the requirements of sections merged systematic coherence, as well as practical, induce to say that not only the terms of the constitution of the opponent and the opposite is automatically reduced to half in the opposite case of an actual assignment of a term to appear less than the legal one, but that this effect is automatic consequence of the fact that only debunks the opposition is given, as the art. 645 Code of Civil Procedure provides that in any case Opposition to the terms to appear to be reduced in half. If, however, in which the opponent sets a deadline for an appearance equal to or greater than the legal one, still saves the power of the opposite, formed within dimidiato, the anticipation of the hearing to ask for an appearance in accordance with Article . 163 bis, paragraph 3.
On the other hand, if effectively halving the terms of the constitution depended on the will of the opponent to assign a deadline to appear less than the legal one, you do not understand the reason why, according to the jurisprudence of this Court, are cumulatali halving estimates derived from abstract legal in art. 645 cpc, what can be derived using a proper measure of halving of the terms required under art. 163 bis, paragraph 3. (Cass. No 4719/1995, 18203/2008).
Nor could lead to different conclusions, the observation that if it is considered irrelevant to the opponent's will assign a deadline to appear less than the legal one, it might raise the question that the sacrifice of his term of constitution can not be justified in the light of Article. 24 of the Constitution, as might be inferred from the court cost. No 38/2008. In fact, the legal effect of halving the terms of establishment of the opponent, an official of the opposition is simply because of the proposition, it is still an effect from the choice of the debtor can not not know what the consequences are that the procedural law linked to his initiative.
Finally, the magnitude of different terms of establishment of the opponent than the opposite would not appear unreasonable given that the constitution is the first post-processing of the defensive line that has already resulted in the act of opposition to the court in which the Constitution does not require the completion of a simple material activity, while in time for its establishment, the opposite is not called simply to reiterate the reasons for his application for an order, subject to the processing stage prior to bringing an action for injunction, but the need to evaluate the allegations and the evidence submitted by the opposing party to formulate its response.
4. E 'consolidated guidance of this Court in the trial of opposition to injunctions, the late establishment of the opponent should be treated in the failure to establish and involves the admissibility of the opposition (Cass. n. 9684/1992, 2707/1990, 1375/1980, 652/1978, 3286/1971, 3030/1969, 3231/1963, 3417/1962, 2636/1962, 761/1960, 2862/1958, 2488/1957, 3128/1956). E 'undeniable fact, on the one hand, that the specialty of the rule in art. Cpc 647 prevents the application of ordinary rules of the process of cognition, and second, that the constitution is nothing but a late failure to establish within the time specified by law. The applicant has not proposed decisive reasons that may lead the Court to depart from that approach. In conclusion, the appeal must be dismissed.
There are good reasons in relation to the existing debate on issues addressed by this court, to offset costs.
PQM
The Court rejected the appeal and award costs.
Ge Manuals For Food Processors
Supreme Court: Judgement delivered to sections combined with successful completion of a Copernican revolution in opposition to injunctions
ORDER (PER CASE)
Cass. Civ. Sec. United Sent., 09.09.2010, No 19,246
Done Right PQM
Conduct of case, the Court of Lecce, in its ruling of June 15, 2000, said the opposition filed by CG declined jurisdiction against an injunction issued in favor of bancApulia spa, as the opponent, while having assigned a term contrary to appear less than 60 days, it is beyond a period of five days of notification of the proceedings.
The Court of Appeal of Lecce, in its ruling of July 1, 2003, confirmed the decision at first instance by calling the course charted by this court, inter alia, in sentence no 37,521 in 2001, according to which the abbreviation of the terms of a constitution for the opponent automatically follow the objective fact of the grant as opposed to a period of less than sixty days to appear, making it completely irrelevant that the grant is to be depended on a conscious choice or by miscalculation. The
C. appealed to the Supreme Court on three grounds, illustrated with memory, which has resisted, with the defense, the bancApulia spa.
By order of November 12, 2008, the first section, considering that the orientation of the court consolidated these problem areas has referred the documents to the first President for the award these sections together.
The first section has indeed found not to respond to the rite of the Code which govern the terms of a procedure can be derived from the choice of a party to the proceedings, outside of any control by the court. Irrelevant would be the point of art. Cpc 645, subsection 2, which lacks an express requirement of a halving of the terms of the Constitution which, in fact, be inferred from Article. 165 and 166 of the CPC, which, however, provide for the reduction in terms of establishment as a result of the reduction in terms of appearance was made by the court at the request of the plaintiff in the recurrence of the conditions specified in art. 163 bis cpc.
However, if it were true the assumption of the existence of a principle of adjusting the terms of the constitution to reduce the appearance of those terms of the constitution should always operate in opposition to the injunction proceedings, because the wording of Article . Cpc 645, subsection 2, does not allow any discretion. But if the ratio of the reduction in terms of appearance is to accelerate the definition of the lawsuit it filed, the goal of reducing the terms of the constitution is not consistent with this objective, given that the period of formation of the creditor shall begin not from the opposite Constitution of the opponent, but the hearing date to appear, which, inter alia, due to the modification of art. 163 bis cpc, introduced by L. No 263, 2005, Art. 2 is extended from sixty to ninety days to Italy and a hundred and fifty to one hundred twenty days if the place of service is abroad. Therefore, without an appreciable benefit for the early definition of the lawsuit it filed, you end up introducing a particularly heavy burden borne by the opponent, which only formally similar burden would be balanced by the creditor opposite, which can not in any way be treated as the defendant in an ordinary trial, he having, indeed, as an actor in a substantive way. In this situation, where it is considered active, reducing the time Constitution to effect automatic allocation to the opposite of creditor for a shorter period to forty-five days would be an obvious unreasonable since, in the face of a period of up to the opponent of only five days, the opposite should be within ten days before the hearing to appear, coming so far to enjoy 35 days to provide for their defense. The pressure thus rests sull'opponente, and does not apply to reduce the time length of the process of opposition would be unwarranted given that the opponent is the only actor in the formal sense, but essentially agreed, and the need to take the cause not the result of a considered choice in a period of assessment, but require the notification of the order, where the opposite has time to establish much wider, though, an actor in a substantive way has received widespread availability of time to appeal the decision to injunction.
Reasons for Decision 1. In its first plea, the applicant submits the failure and / or insufficient justification about the decisive points with reference to art. CPC 645, paragraph 2 and art. 647 Code of Civil Procedure, arguing that the appeals court would uncritically resting on the orientation of legitimacy of law, without regard to the relief, raised in the appeal, because that would make the abbreviation the terms assigned to the creditor to appear opposite is required a conscious expression of will of the opponent the option provided by law, made either explicitly or inferred from conclusive evidence. In the present case were not adequately assessed the situation that the time for appearance was only given seven days less than the minimum and that the constitution took place on the ninth day, which had to tend to a clerical error in calculating the period of appearance . Considered irrelevant to the error introduce a rebuttable presumption of the exercise of an abbreviation of the terms for the opponent is not allowed by law, turning right at a obligation. In addition, the applicant states that the prediction of the renewal of summons (Art. 164 CCP) in the case of assignment of a term less than the law should also be applied in the trial of opposition to injunction, which is an ordinary court of cognition, is insufficient reference to the specialty of the rite to justify the imposition of a penalty, such as that of admissibility.
its second plea, alleging infringement or misapplication of Article. Cpc 645, subsection 2, with reference to Article. 647 CCP, it is argued that the trial of opposition, according to art. 645 Code of Civil Procedure shall apply the ordinary rules of procedure and therefore in the case of formal proceedings, not failure, but merely delayed, the penalty is not justified dell'improcedibilitĂ case, applied only to the appeal proceedings article. 348 Code of Civil Procedure, as amended by Law No 353, 1990. It is also reported substantial inconsistency in holding inapplicable to the specialty of the ritual, art. 164 cpc doing at the same time application of the provisions of Articles. 165 and 163 bis cpc.
The third reason, the applicant submits false or incorrect application of Article. Cpc 645, subsection 2, as it is not proper extension of the shortened time limits provided for by the constitution. 165, for the case where the court has authorized the reduction of the minimum to appear, a situation in which, reducing the time for appearance is a result of mere choice of a party.
2. The reasons given by the applicant, in part developed and implemented an interim order of the First Civil Chamber, are not adequate to justify a change in the constant guidance of the court, although, as will be explained later, it is appropriate to make a clarification. Apart from a previous single dating contrary, was totally isolated (Cass. January 10, 1955 No. 8), the Court's jurisprudence has been consistent in saying that when the opposing party has exercised the option to specify a time of summons under the ordinary, the term for its establishment is automatically reduced to five days of service of a summons in contrast, half the normal period of formation (the principle stated in Article force. 645, as amended by Presidential Decree No. 597 of 1950 , Art. 13 beginning with Cass. October 12, 1955, No 3053 and then steadily thereafter; recently, see Cass. No 3355/1987, 2460/1995, 3316 and 12044/1998, 18942/2006).
More recently, in the context of this guideline, it is further stated that the abbreviation of the term constitution for the opponent automatically follow the objective fact of the grant as opposed to a period of lower than normal appearance, it is irrelevant that the setting of this period depended on both a conscious choice or by miscalculation (Cass. No 3752/2001, 14017/2002, 17915/2004, 11436/2009).
Contrary to what was deemed to be a part of the doctrine guidance mentioned here is not without the necessary legal basis.
fact, if it is true that in the original code of '42, art. 645, paragraph 2 provided for the reduction to half of the terms "constitution", while the reduction in the current wording of the provision refers only to the mid-terms of "appearance" from the legislative history does not, however, that the text amendment was introduced to resize function accelerator of cutting in half the time of creation given in the framework previously in force, but only that the rule had been imposed as a necessary consequence of the introduction of the summons to the hearing fixed.
There is, however, no objective reason to justify the opposite opinion which considers that the silence of the legislature in order to discipline the terms of the constitution, against the express provision in the legislation previously in force, is significant of the desire to change the rule expressly established by art. Cpc 165, subsection 1, which establishes a link between terms of attendance and terms of the Constitution in order to bring coherence to the system in cases that require prompt treatment.
It follows that this rule can not be regarded as some kind of exception or derogation, but an expression of a general principle of rationality and consistency with the result that the express reference in Art. 645 of this principle would be entirely superfluous.
Nor is the decisive importance, undoubtedly correct, the difference between the case in art. Cpc 163 bis, paragraph 2, in which the consequence is an abbreviation of the terms by the court of the existence of reasons for a speedy handling of the case proposed by the plaintiff, and that in art. 645 CPC, in which this appreciation is taken (not by hand, as supports the referral order, but directly) by the legislature once and for all, being identical in both cases the function of halving the terms of appearance, namely, first, in meeting the needs of acceleration of proceedings and other , in the opportunity to balance the compression of the terms available to the defendant with the reduction in terms of establishment of the actor.
Since the peaceful existence of the need calls for discussion of the opposition, to enable verification of the validity of the measure summary obtained by the creditor ex parte, it must be observed that there is also a need to balance the positions of the parties, while taking into account the peculiarities of the opinion that the opposition, as is known, the nature of a full assessment of cognition that devolves to the court's thorough examination of the opposition relationship in dispute, and not simply a preliminary review of the legality of the decree order. E 'is also common ground that, unlike the formal qualities, and the opposing positions are those of the opposite, respectively, defendant and plaintiff in a substantive way. Now, although the opposite has had plenty of time to set its position before asking the trial court order, is also true that, faced with allegations and evidence produced or requested by the opponent, the ' has the opposite need to evaluate them in order to prepare his defense and to this end there is a need to have the documents on which the opposition is based as soon as possible, to balance the sacrifice of the term at its disposal to assess the evidence and articulate hearing before the court in its constitution.
What is certain is that certainly needs to calls for better treatment of the opposition proceedings would be met if more than half of the reduction in terms of opposing the constitution the legislature had also reduced by the fair terms of establishment of the opposite , which instead remain quite large (thirty-five days of notification of the opposition that is, ten days before the hearing to be fixed at not less than forty-five days after the notification under Article. 166 CCP), but this opportunity to indulge "eurythmy system (court cost. No 18/2008), does not affect the validity of the ground that the opponent's half of the terms of the constitution, however, is one, albeit partial and perhaps unsatisfactory, being accelerated procedure.
3. Part of the doctrine, echoed by order of the first civil division, said that the wording of Article. 645 cpc suggests that halving the time for appearance is an effect of the legal opposition and proposition is not dependent instead of the will of the opponent intends to assign a shorter period than that prescribed by. 163 bis cpc.
Indeed needs certainty and thus to guarantee the parties, before the imposition of time under penalty of prosecution of the opposition, has already led to introduce traditional orientation, based on the optional nature of the concession by the opponent to a time to appear lower than the legal, temperament made by the emergence of irrelevance of the will of the opponent that could have given a shorter period even by mistake.
They believe that the requirements of sections merged systematic coherence, as well as practical, induce to say that not only the terms of the constitution of the opponent and the opposite is automatically reduced to half in the opposite case of an actual assignment of a term to appear less than the legal one, but that this effect is automatic consequence of the fact that only debunks the opposition is given, as the art. 645 Code of Civil Procedure provides that in any case Opposition to the terms to appear to be reduced in half. If, however, in which the opponent sets a deadline for an appearance equal to or greater than the legal one, still saves the power of the opposite, formed within dimidiato, the anticipation of the hearing to ask for an appearance in accordance with Article . 163 bis, paragraph 3.
On the other hand, if effectively halving the terms of the constitution depended on the will of the opponent to assign a deadline to appear less than the legal one, you do not understand the reason why, according to the jurisprudence of this Court, are cumulatali halving estimates derived from abstract legal in art. 645 cpc, what can be derived using a proper measure of halving of the terms required under art. 163 bis, paragraph 3. (Cass. No 4719/1995, 18203/2008).
Nor could lead to different conclusions, the observation that if it is considered irrelevant to the opponent's will assign a deadline to appear less than the legal one, it might raise the question that the sacrifice of his term of constitution can not be justified in the light of Article. 24 of the Constitution, as might be inferred from the court cost. No 38/2008. In fact, the legal effect of halving the terms of establishment of the opponent, an official of the opposition is simply because of the proposition, it is still an effect from the choice of the debtor can not not know what the consequences are that the procedural law linked to his initiative.
Finally, the magnitude of different terms of establishment of the opponent than the opposite would not appear unreasonable given that the constitution is the first post-processing of the defensive line that has already resulted in the act of opposition to the court in which the Constitution does not require the completion of a simple material activity, while in time for its establishment, the opposite is not called simply to reiterate the reasons for his application for an order, subject to the processing stage prior to bringing an action for injunction, but the need to evaluate the allegations and the evidence submitted by the opposing party to formulate its response.
4. E 'consolidated guidance of this Court in the trial of opposition to injunctions, the late establishment of the opponent should be treated in the failure to establish and involves the admissibility of the opposition (Cass. n. 9684/1992, 2707/1990, 1375/1980, 652/1978, 3286/1971, 3030/1969, 3231/1963, 3417/1962, 2636/1962, 761/1960, 2862/1958, 2488/1957, 3128/1956). E 'undeniable fact, on the one hand, that the specialty of the rule in art. Cpc 647 prevents the application of ordinary rules of the process of cognition, and second, that the constitution is nothing but a late failure to establish within the time specified by law. The applicant has not proposed decisive reasons that may lead the Court to depart from that approach. In conclusion, the appeal must be dismissed.
There are good reasons in relation to the existing debate on issues addressed by this court, to offset costs.
PQM
The Court rejected the appeal and award costs.
ORDER (PER CASE)
Cass. Civ. Sec. United Sent., 09.09.2010, No 19,246
Done Right PQM
Conduct of case, the Court of Lecce, in its ruling of June 15, 2000, said the opposition filed by CG declined jurisdiction against an injunction issued in favor of bancApulia spa, as the opponent, while having assigned a term contrary to appear less than 60 days, it is beyond a period of five days of notification of the proceedings.
The Court of Appeal of Lecce, in its ruling of July 1, 2003, confirmed the decision at first instance by calling the course charted by this court, inter alia, in sentence no 37,521 in 2001, according to which the abbreviation of the terms of a constitution for the opponent automatically follow the objective fact of the grant as opposed to a period of less than sixty days to appear, making it completely irrelevant that the grant is to be depended on a conscious choice or by miscalculation. The
C. appealed to the Supreme Court on three grounds, illustrated with memory, which has resisted, with the defense, the bancApulia spa.
By order of November 12, 2008, the first section, considering that the orientation of the court consolidated these problem areas has referred the documents to the first President for the award these sections together.
The first section has indeed found not to respond to the rite of the Code which govern the terms of a procedure can be derived from the choice of a party to the proceedings, outside of any control by the court. Irrelevant would be the point of art. Cpc 645, subsection 2, which lacks an express requirement of a halving of the terms of the Constitution which, in fact, be inferred from Article. 165 and 166 of the CPC, which, however, provide for the reduction in terms of establishment as a result of the reduction in terms of appearance was made by the court at the request of the plaintiff in the recurrence of the conditions specified in art. 163 bis cpc.
However, if it were true the assumption of the existence of a principle of adjusting the terms of the constitution to reduce the appearance of those terms of the constitution should always operate in opposition to the injunction proceedings, because the wording of Article . Cpc 645, subsection 2, does not allow any discretion. But if the ratio of the reduction in terms of appearance is to accelerate the definition of the lawsuit it filed, the goal of reducing the terms of the constitution is not consistent with this objective, given that the period of formation of the creditor shall begin not from the opposite Constitution of the opponent, but the hearing date to appear, which, inter alia, due to the modification of art. 163 bis cpc, introduced by L. No 263, 2005, Art. 2 is extended from sixty to ninety days to Italy and a hundred and fifty to one hundred twenty days if the place of service is abroad. Therefore, without an appreciable benefit for the early definition of the lawsuit it filed, you end up introducing a particularly heavy burden borne by the opponent, which only formally similar burden would be balanced by the creditor opposite, which can not in any way be treated as the defendant in an ordinary trial, he having, indeed, as an actor in a substantive way. In this situation, where it is considered active, reducing the time Constitution to effect automatic allocation to the opposite of creditor for a shorter period to forty-five days would be an obvious unreasonable since, in the face of a period of up to the opponent of only five days, the opposite should be within ten days before the hearing to appear, coming so far to enjoy 35 days to provide for their defense. The pressure thus rests sull'opponente, and does not apply to reduce the time length of the process of opposition would be unwarranted given that the opponent is the only actor in the formal sense, but essentially agreed, and the need to take the cause not the result of a considered choice in a period of assessment, but require the notification of the order, where the opposite has time to establish much wider, though, an actor in a substantive way has received widespread availability of time to appeal the decision to injunction.
Reasons for Decision 1. In its first plea, the applicant submits the failure and / or insufficient justification about the decisive points with reference to art. CPC 645, paragraph 2 and art. 647 Code of Civil Procedure, arguing that the appeals court would uncritically resting on the orientation of legitimacy of law, without regard to the relief, raised in the appeal, because that would make the abbreviation the terms assigned to the creditor to appear opposite is required a conscious expression of will of the opponent the option provided by law, made either explicitly or inferred from conclusive evidence. In the present case were not adequately assessed the situation that the time for appearance was only given seven days less than the minimum and that the constitution took place on the ninth day, which had to tend to a clerical error in calculating the period of appearance . Considered irrelevant to the error introduce a rebuttable presumption of the exercise of an abbreviation of the terms for the opponent is not allowed by law, turning right at a obligation. In addition, the applicant states that the prediction of the renewal of summons (Art. 164 CCP) in the case of assignment of a term less than the law should also be applied in the trial of opposition to injunction, which is an ordinary court of cognition, is insufficient reference to the specialty of the rite to justify the imposition of a penalty, such as that of admissibility.
its second plea, alleging infringement or misapplication of Article. Cpc 645, subsection 2, with reference to Article. 647 CCP, it is argued that the trial of opposition, according to art. 645 Code of Civil Procedure shall apply the ordinary rules of procedure and therefore in the case of formal proceedings, not failure, but merely delayed, the penalty is not justified dell'improcedibilitĂ case, applied only to the appeal proceedings article. 348 Code of Civil Procedure, as amended by Law No 353, 1990. It is also reported substantial inconsistency in holding inapplicable to the specialty of the ritual, art. 164 cpc doing at the same time application of the provisions of Articles. 165 and 163 bis cpc.
The third reason, the applicant submits false or incorrect application of Article. Cpc 645, subsection 2, as it is not proper extension of the shortened time limits provided for by the constitution. 165, for the case where the court has authorized the reduction of the minimum to appear, a situation in which, reducing the time for appearance is a result of mere choice of a party.
2. The reasons given by the applicant, in part developed and implemented an interim order of the First Civil Chamber, are not adequate to justify a change in the constant guidance of the court, although, as will be explained later, it is appropriate to make a clarification. Apart from a previous single dating contrary, was totally isolated (Cass. January 10, 1955 No. 8), the Court's jurisprudence has been consistent in saying that when the opposing party has exercised the option to specify a time of summons under the ordinary, the term for its establishment is automatically reduced to five days of service of a summons in contrast, half the normal period of formation (the principle stated in Article force. 645, as amended by Presidential Decree No. 597 of 1950 , Art. 13 beginning with Cass. October 12, 1955, No 3053 and then steadily thereafter; recently, see Cass. No 3355/1987, 2460/1995, 3316 and 12044/1998, 18942/2006).
More recently, in the context of this guideline, it is further stated that the abbreviation of the term constitution for the opponent automatically follow the objective fact of the grant as opposed to a period of lower than normal appearance, it is irrelevant that the setting of this period depended on both a conscious choice or by miscalculation (Cass. No 3752/2001, 14017/2002, 17915/2004, 11436/2009).
Contrary to what was deemed to be a part of the doctrine guidance mentioned here is not without the necessary legal basis.
fact, if it is true that in the original code of '42, art. 645, paragraph 2 provided for the reduction to half of the terms "constitution", while the reduction in the current wording of the provision refers only to the mid-terms of "appearance" from the legislative history does not, however, that the text amendment was introduced to resize function accelerator of cutting in half the time of creation given in the framework previously in force, but only that the rule had been imposed as a necessary consequence of the introduction of the summons to the hearing fixed.
There is, however, no objective reason to justify the opposite opinion which considers that the silence of the legislature in order to discipline the terms of the constitution, against the express provision in the legislation previously in force, is significant of the desire to change the rule expressly established by art. Cpc 165, subsection 1, which establishes a link between terms of attendance and terms of the Constitution in order to bring coherence to the system in cases that require prompt treatment.
It follows that this rule can not be regarded as some kind of exception or derogation, but an expression of a general principle of rationality and consistency with the result that the express reference in Art. 645 of this principle would be entirely superfluous.
Nor is the decisive importance, undoubtedly correct, the difference between the case in art. Cpc 163 bis, paragraph 2, in which the consequence is an abbreviation of the terms by the court of the existence of reasons for a speedy handling of the case proposed by the plaintiff, and that in art. 645 CPC, in which this appreciation is taken (not by hand, as supports the referral order, but directly) by the legislature once and for all, being identical in both cases the function of halving the terms of appearance, namely, first, in meeting the needs of acceleration of proceedings and other , in the opportunity to balance the compression of the terms available to the defendant with the reduction in terms of establishment of the actor.
Since the peaceful existence of the need calls for discussion of the opposition, to enable verification of the validity of the measure summary obtained by the creditor ex parte, it must be observed that there is also a need to balance the positions of the parties, while taking into account the peculiarities of the opinion that the opposition, as is known, the nature of a full assessment of cognition that devolves to the court's thorough examination of the opposition relationship in dispute, and not simply a preliminary review of the legality of the decree order. E 'is also common ground that, unlike the formal qualities, and the opposing positions are those of the opposite, respectively, defendant and plaintiff in a substantive way. Now, although the opposite has had plenty of time to set its position before asking the trial court order, is also true that, faced with allegations and evidence produced or requested by the opponent, the ' has the opposite need to evaluate them in order to prepare his defense and to this end there is a need to have the documents on which the opposition is based as soon as possible, to balance the sacrifice of the term at its disposal to assess the evidence and articulate hearing before the court in its constitution.
What is certain is that certainly needs to calls for better treatment of the opposition proceedings would be met if more than half of the reduction in terms of opposing the constitution the legislature had also reduced by the fair terms of establishment of the opposite , which instead remain quite large (thirty-five days of notification of the opposition that is, ten days before the hearing to be fixed at not less than forty-five days after the notification under Article. 166 CCP), but this opportunity to indulge "eurythmy system (court cost. No 18/2008), does not affect the validity of the ground that the opponent's half of the terms of the constitution, however, is one, albeit partial and perhaps unsatisfactory, being accelerated procedure.
3. Part of the doctrine, echoed by order of the first civil division, said that the wording of Article. 645 cpc suggests that halving the time for appearance is an effect of the legal opposition and proposition is not dependent instead of the will of the opponent intends to assign a shorter period than that prescribed by. 163 bis cpc.
Indeed needs certainty and thus to guarantee the parties, before the imposition of time under penalty of prosecution of the opposition, has already led to introduce traditional orientation, based on the optional nature of the concession by the opponent to a time to appear lower than the legal, temperament made by the emergence of irrelevance of the will of the opponent that could have given a shorter period even by mistake.
They believe that the requirements of sections merged systematic coherence, as well as practical, induce to say that not only the terms of the constitution of the opponent and the opposite is automatically reduced to half in the opposite case of an actual assignment of a term to appear less than the legal one, but that this effect is automatic consequence of the fact that only debunks the opposition is given, as the art. 645 Code of Civil Procedure provides that in any case Opposition to the terms to appear to be reduced in half. If, however, in which the opponent sets a deadline for an appearance equal to or greater than the legal one, still saves the power of the opposite, formed within dimidiato, the anticipation of the hearing to ask for an appearance in accordance with Article . 163 bis, paragraph 3.
On the other hand, if effectively halving the terms of the constitution depended on the will of the opponent to assign a deadline to appear less than the legal one, you do not understand the reason why, according to the jurisprudence of this Court, are cumulatali halving estimates derived from abstract legal in art. 645 cpc, what can be derived using a proper measure of halving of the terms required under art. 163 bis, paragraph 3. (Cass. No 4719/1995, 18203/2008).
Nor could lead to different conclusions, the observation that if it is considered irrelevant to the opponent's will assign a deadline to appear less than the legal one, it might raise the question that the sacrifice of his term of constitution can not be justified in the light of Article. 24 of the Constitution, as might be inferred from the court cost. No 38/2008. In fact, the legal effect of halving the terms of establishment of the opponent, an official of the opposition is simply because of the proposition, it is still an effect from the choice of the debtor can not not know what the consequences are that the procedural law linked to his initiative.
Finally, the magnitude of different terms of establishment of the opponent than the opposite would not appear unreasonable given that the constitution is the first post-processing of the defensive line that has already resulted in the act of opposition to the court in which the Constitution does not require the completion of a simple material activity, while in time for its establishment, the opposite is not called simply to reiterate the reasons for his application for an order, subject to the processing stage prior to bringing an action for injunction, but the need to evaluate the allegations and the evidence submitted by the opposing party to formulate its response.
4. E 'consolidated guidance of this Court in the trial of opposition to injunctions, the late establishment of the opponent should be treated in the failure to establish and involves the admissibility of the opposition (Cass. n. 9684/1992, 2707/1990, 1375/1980, 652/1978, 3286/1971, 3030/1969, 3231/1963, 3417/1962, 2636/1962, 761/1960, 2862/1958, 2488/1957, 3128/1956). E 'undeniable fact, on the one hand, that the specialty of the rule in art. Cpc 647 prevents the application of ordinary rules of the process of cognition, and second, that the constitution is nothing but a late failure to establish within the time specified by law. The applicant has not proposed decisive reasons that may lead the Court to depart from that approach. In conclusion, the appeal must be dismissed.
There are good reasons in relation to the existing debate on issues addressed by this court, to offset costs.
PQM
The Court rejected the appeal and award costs.
Milena Velba Early Images
opposition to injunctions-News jurisprudential
E'opportuno a recent preliminary report, intended to fuel a major debate among his colleagues used the judicial practice so far in use.
The recent ruling by the Supreme Court of Cassation (civil, September 9, 2010, No. 19246) states that, in connection with opposition to injunctions, all terms are a priori dimidiati.
Strict compliance with this interpretation, therefore, makes it necessary for the opposing party will stand in court (and sign up for the role cause) within 5 days of the citation.
First will need to pay attention to this requirement, the other will be a dramatic problem for the pending cases.
I leave room for colleagues to debate.
Massimiliano Scaringella
E'opportuno a recent preliminary report, intended to fuel a major debate among his colleagues used the judicial practice so far in use.
The recent ruling by the Supreme Court of Cassation (civil, September 9, 2010, No. 19246) states that, in connection with opposition to injunctions, all terms are a priori dimidiati.
Strict compliance with this interpretation, therefore, makes it necessary for the opposing party will stand in court (and sign up for the role cause) within 5 days of the citation.
First will need to pay attention to this requirement, the other will be a dramatic problem for the pending cases.
I leave room for colleagues to debate.
Massimiliano Scaringella
Milena Velba Early Images
opposition to injunctions-News jurisprudential
E'opportuno a recent preliminary report, intended to fuel a major debate among his colleagues used the judicial practice so far in use.
The recent ruling by the Supreme Court of Cassation (civil, September 9, 2010, No. 19246) states that, in connection with opposition to injunctions, all terms are a priori dimidiati.
Strict compliance with this interpretation, therefore, makes it necessary for the opposing party will stand in court (and sign up for the role cause) within 5 days of the citation.
First will need to pay attention to this requirement, the other will be a dramatic problem for the pending cases.
I leave room for colleagues to debate.
Massimiliano Scaringella
E'opportuno a recent preliminary report, intended to fuel a major debate among his colleagues used the judicial practice so far in use.
The recent ruling by the Supreme Court of Cassation (civil, September 9, 2010, No. 19246) states that, in connection with opposition to injunctions, all terms are a priori dimidiati.
Strict compliance with this interpretation, therefore, makes it necessary for the opposing party will stand in court (and sign up for the role cause) within 5 days of the citation.
First will need to pay attention to this requirement, the other will be a dramatic problem for the pending cases.
I leave room for colleagues to debate.
Massimiliano Scaringella
Wednesday, August 11, 2010
How To Train A Thick Penis
Valter vs. Dark Kurosagi
Today we have a special meeting, one on one.
Both challengers have in common from the comics and have the same basic theme: the murder victims.
More precisely, it is Kurosagi Valter Dark dealing with "souls" of the murder victims who can not leave the body after death. Last
desires, positions left open, anger and disappointment, guilt. The desperate desire to continue living.
The reasons why a soul does not want to leave the body are many and that the agency is Valter Dark Kurosagi corpse delivery them solve their own way.
Small note on the challenge in place: I have too much stuff to read. This means that in the spirit Highlander, at the end of the challenge it will be only one "in the sense that I will devote my time and my monthly salary ... er ... the winner of the challenge.
Yeah.
Sad is not it? But
comics that you would like me to read from the queue and there are unfortunately forced to make some selection.
Here comes the challenge!
Texts: Alessandro Bilotta
Designers: Sergio Gerasi (No. 1), Andrea Del Campo (No. 2), Andrea Rossetto (n.3 ), Ivan Vitolo (No. 4)
Covers : Paolo Martinello
NOTE: Everything that follows relates to what I have read so far, that is until fourth number in the series. The characteristics of the comics I listed may change to continue the series.
in the right corner, weighing about seventy pounds of dark circles and several liters of alcohol in the body, we have the Spettinatone Italian, the Fury of the couch psychiatrist, Piacione Sentimental and misfortune, the defending champion: Valter Darkness!
Crowd applauds.
"Valter Dark faces the move!"
For those closely following this blog (ahaahahahha!), Walter will know that if the good has already gotten in a head-on collision against vampires and blond graduates ". Thus, the proudly belt encircles his sample covers.
We come to the point.
For the uninitiated, Valter Blind is an analyst of ghosts, restless spirits, which he calls the unconscious, which would leave this world, but for some reason can not. Valter
lives in Rome, in a kind of house boat on the Tiber, and to help us have a bona young secretary (but so far little used) and an old count in the bill, that Caesar Balestra, that when the creditors do not escape the medium .
In my previous post, I had enjoyed some quality comics as a good management of the characters and the possibility development of a fully open (at least that's the impression I got from the end of the first issue, at least puzzling) that could last throughout the whole of the twelve numbers making up the mini-series.
Good.
This did not happen.
The management of people has been good, especially in respect of that count Crossbow shoulder that has been transformed from a comic character real. Bilotta has been good to enrich it with a certain melancholy to the bottom, turning it into an old and gallant sentimentalist (especially in the third issue of the series).
In essence, Count Balestra is a bit 'gray.
In the first issue I noticed a certain irony in the character, in the long run has been replaced by just a couple of jokes or gags from time to time.
And this, unfortunately, was a bit 'the general trend of comics.
Valter Darkness (comics, not the character) is taken terribly seriously. This came out especially in the third and fourth issue of the series, where they were involved in terrorism and the old Italian 70.
be clear: to take seriously is not a defect.
The problem is that the premises posed with the first issue of the comic I had hoped for something different. Reading the various numbers of Valter dark I noticed a heavy background in some cases takes the form of stories, at least for me, I'm pretty boring and other tales in moralizing.
For myself, I feel a certain allergy to a certain kind of story, which I call the story "come here, grandfather tells you how the world works." Usually these stories end with a monologue that sums up the thoughts of the author or a striking fact that it fully endorses.
This is the case with the fourth issue of the series, called "our debtors."
The argument is interesting, although perhaps a little 'abused, and I must say that if Bilotta runs quite well. The problem is that it's all too easy.
Just as in the classic situation of "come here, grandfather tells you how the world", the point is that the speech Grandpa was right.
Doubts are kept to a minimum, the central point of history is not a question but an answer. And then in the end to his grandfather's eyes are bright and says "this is how the world works."
In fact about half of the story my grandmother arrived with the meat loaf and then cut short there. But as the week after you return home of their grandparents, never fear. It tells you
grandfather for the second time the same first half of the story.
Oh well, I digress.
However, the point of argument is that Dark Valter got sick of the annoying phenomenon of syndrome comics I've seen that recently engaged in Caravan, Michele Medda, but nevertheless, Unlike Medda, on the surface of discourse.
What's more, another heavy point down, reached the fourth issue still can not see an underlying structure that can keep up the mini-series. Currently there are only vague allusions to a possible hero's death by drowning.
So, from this point of view, the cartoon seemed very weak.
Quoting again the work of Medda, even here I found strong similarities with Caravan (which if you still have not grasped well, I found very disappointing).
Even here, in fact, a background story is the backdrop to a host of mini-side stories that, after all, are far from minor. In short, the main theme of the comic book fades into the background and becomes the excuse to tell stories that, in the end, there should not import anything. If
Valter Darkness was a comic serial to Dylan Dog, none of this would matter, but since this is a mini-series of twelve numbers, the main story should be ... that is, eccheccazzo, should be the main story!
I explained?
Finally, let me cite Stanis La Rochelle (if you have never seen Boris, DO IT!): This cartoon is too Italian.
Whether the lack of a narrative rhythm (often the stories are shipwrecked in boredom), and for the continued references to Italian culture that in the long run, they always seem more forced.
I understand that a comic strip set entirely in Rome, with Italian characters and all this presupposes that there has been a fundamental choice like "Ok! Talking about Italy," but that in each issue (in the second there's Carousel In the third several references to Italian cinema of the past, the terrorists in the fourth red) there should be elements to be recognized as a "typically Italian" is one thing that makes me turn up a little 'nose.
Apart from that all the various references that have been made so far are based on facts about thirty years ago, but if you keep screaming at each issue "Hey! But have you noticed that Valter Darkness is a comic strip all Italian?" not 're doing another show with pride that the mustache blacks and mandolin. And by the way blacks are the mustache and the mandolin than thirty years ago.
You can be Italian in 2010, without having the slightest idea what it is Carousel.
stories Valter Darkness (or rather, what I read) are almost all characterized by some great scenes in a position to immediately impress the reader.
For example:
! VALTER SPOILER FOR THE SECOND NUMBER OF DARKNESS!
The way Walter discovers his father's death, if it finds there, and suddenly realizes that he is a ghost.
! SPOILER END OF THE SECOND NUMBER VALTER DARK!
Beautiful scene.
But such scenes in Dark Valter there are different, the problem is that the sum of a few good scenes do not make a good comic.
The main defects in the script, in my opinion counts in two basic elements: a main story and the final out of focus too dull.
of the first aspect I have already spoken a few lines above.
As regards the second, the same defect in the first issue of Dark Valter has been replicated in subsequent issues, it's all too easy and fast. Valter
Blind is a psychiatrist of ghosts. A customer goes to his door, he gives him a little drawing, tell us a bit 'and * PUFF *, at some point the Unconscious is no longer bound to remain in the world of the living (generalization, I know, but I did not go too far from reality).
And this is repeated in the next issue.
's all too easy, do not you think?
"Ah, yes, I changed my mind. Now I am not afraid, I'm ready to go."
E 'a weak development. And unfortunately
is tied hand in glove with the very nature of the character of Walter. Being a psychiatrist does nothing more than "talk" to its customers (it is not my intention to belittle the profession, but in practice this is what is done).
And what's more, unlike the first issue, the action has been to decrease drastically. More and more talk, less action.
's all ... too little material.
Imagine a comic philosopher, a commitment to solve its huge mental puzzles and answer the big questions of life.
And 'certainly an ambitious idea, but I do not think a lot of fun.
Well, Valter Darkness is a comic strip about a psychiatrist who is a psychiatrist. The fact that his clients are dead is irrelevant.
But now, we are the challenger.
Texts: Eiji Otsuka
Drawings: Housui Yamazaki
NOTE: everything that follows relates to what I have read so far, that is until third number in the series. The characteristics of the comics I listed may change to continue the series.
the left corner, directly from Japan, the land of almond eyes, the setting sun and several other western stereotypes, the idol of the bodies to pieces and sewn up, the champion of the dead evil Kurosagi!
Crowd applauds.
"Blava Kulosagi! You are thick!"
could say many things about the Japanese. You can hate them and you can love them, but surely we must recognize an incontrovertible fact: there should be tougher. In all that
do. In genre films, in-game show on television, in video games, movies, porn, and yes, even (perhaps especially) in the comics.
Officially, the company takes care of deliveries Kurosagi, but in fact its raison d'ĂȘtre is to fulfill (for a fee, when we can) the last wishes of the dead.
The Japanese are obsessed with death and the gods of death. In many comic books (three at random: Bleach, Death Note, Soul Eater), is the figure of the Shinigami, the reaper of souls, the God of Death. And even in this case there is something.
Kuro Karatsu is a shaman, is able to speak with the dead. But not only. Apparently it also able to animate them for a short period of time. And during these moments, a sort of Shinigami appears and puts his hand on his shoulder.
Kuro is the spearhead of Kurosagi team, led by a clever hacker named Ao Sasaki, a dowser can find corpses because of its pendulum (do not make stupid jokes) named Makoto Numata, a young stuffed Keiko Makino and a strange man named Yuji Yata always brings up a puppet who (he says) is animated by an alien entity.
Kurosagi The ramshackle group is the application of unconventional materials and underlying logic of a comic as Valter Blind.
Indeed, according to me, all that is missing its counterpart Italian: good stories sprinkled with various supernatural thriller (and I mean REALLY good with good stories, with exciting plot twists, a development capable of mounting suspense, beautiful original are able to whet the reader's attention, etc..) excellent graphics made a nice cut with horror and, above all, the ability to defuse an argument hard and painful as death.
The latter is, in my opinion, the main advantage of Kurosagi. It 'nice to read a comic book that talks about death, but he can do it with a certain irony without needing to be ridiculous. The dark humor is hard to use, it takes a certain ability to always remain in right field. And according to me, the manga by Otsuka and Yamazaki succeeds in full.
And while remaining essentially a comic entertainment, Kurosagi is also able to tackle difficult subjects such as suicide and revenge. It does so by moving the point of view in a new direction and original (more or less), plus a lively sauce of humor.
To me, this looks like so much.
are things that I do not think I've ever seen in Italy (perhaps a little 'Recchioni with his John Doe, I know very little, unfortunately), the country from which I think can come out now (almost) exclusively to stuff a huge weight, both in comics and cinema.
Unlike what was seen in comics by Bilotta, is not a psychological block to prevent the deaths to fly in heaven or somewhere, but the unexpressed desires, which vary from person to person.
Does anyone want to go home, another wants revenge, and another would just stand in a different place from where it was made. The task of Kurosagi is to fulfill these desires, which include all application materials, a something that can be seen and heard by the reader.
As this development is simpler than that of a Walter Dark?
And what is more exciting to watch Kurosagi the company that is anxious to trace a murderess rather than Valter darkness that resolves complex of inferiority of a teenager?
At this point, we come to the verdict of the judges (but now the winner of the challenge should be obvious).
The point of the speech is this: in a cartoon, I like to see people doing things.
And more and more things do these things and feel as the original "fun" (in the sense that they can stimulate, in any way, that part of my brain that makes me feel good), the more I'm glad to read a comic .
The premises of Darkness Valter were more than good, but in front of a main story drowning in subplots and the total lack of sense of humor, I found myself turning pages by force of inertia.
I'm really sorry, because after all I do not think that Valter Darkness is a bad comic.
But is it really too far away from those that are my favorites.
So goodbye Valter.
Good luck.
And come on, do not be angry.
PS I must say that I liked a lot of covers Paolo Martinello. Maybe a little 'too dark and dramatic, but still in line with the comics. It seems to me that the productions
Star Comics always have some great covers, but lost miserably for drawings (which seemed to me Valter Dark excellent in the first and fourth number is significantly lower in the second and third).
Both challengers have in common from the comics and have the same basic theme: the murder victims.
More precisely, it is Kurosagi Valter Dark dealing with "souls" of the murder victims who can not leave the body after death. Last
desires, positions left open, anger and disappointment, guilt. The desperate desire to continue living.
The reasons why a soul does not want to leave the body are many and that the agency is Valter Dark Kurosagi corpse delivery them solve their own way.
Small note on the challenge in place: I have too much stuff to read. This means that in the spirit Highlander, at the end of the challenge it will be only one "in the sense that I will devote my time and my monthly salary ... er ... the winner of the challenge.
Yeah.
Sad is not it? But
comics that you would like me to read from the queue and there are unfortunately forced to make some selection.
Here comes the challenge!
VALTER DARK
Texts: Alessandro Bilotta
Designers: Sergio Gerasi (No. 1), Andrea Del Campo (No. 2), Andrea Rossetto (n.3 ), Ivan Vitolo (No. 4)
Covers : Paolo Martinello
NOTE: Everything that follows relates to what I have read so far, that is until fourth number in the series. The characteristics of the comics I listed may change to continue the series.
in the right corner, weighing about seventy pounds of dark circles and several liters of alcohol in the body, we have the Spettinatone Italian, the Fury of the couch psychiatrist, Piacione Sentimental and misfortune, the defending champion: Valter Darkness!
Crowd applauds.
"Valter Dark faces the move!"
For those closely following this blog (ahaahahahha!), Walter will know that if the good has already gotten in a head-on collision against vampires and blond graduates ". Thus, the proudly belt encircles his sample covers.
We come to the point.
For the uninitiated, Valter Blind is an analyst of ghosts, restless spirits, which he calls the unconscious, which would leave this world, but for some reason can not. Valter
lives in Rome, in a kind of house boat on the Tiber, and to help us have a bona young secretary (but so far little used) and an old count in the bill, that Caesar Balestra, that when the creditors do not escape the medium .
In my previous post, I had enjoyed some quality comics as a good management of the characters and the possibility development of a fully open (at least that's the impression I got from the end of the first issue, at least puzzling) that could last throughout the whole of the twelve numbers making up the mini-series.
Good.
This did not happen.
The management of people has been good, especially in respect of that count Crossbow shoulder that has been transformed from a comic character real. Bilotta has been good to enrich it with a certain melancholy to the bottom, turning it into an old and gallant sentimentalist (especially in the third issue of the series).
In essence, Count Balestra is a bit 'gray.
In the first issue I noticed a certain irony in the character, in the long run has been replaced by just a couple of jokes or gags from time to time.
And this, unfortunately, was a bit 'the general trend of comics.
Valter Darkness (comics, not the character) is taken terribly seriously. This came out especially in the third and fourth issue of the series, where they were involved in terrorism and the old Italian 70.
be clear: to take seriously is not a defect.
The problem is that the premises posed with the first issue of the comic I had hoped for something different. Reading the various numbers of Valter dark I noticed a heavy background in some cases takes the form of stories, at least for me, I'm pretty boring and other tales in moralizing.
For myself, I feel a certain allergy to a certain kind of story, which I call the story "come here, grandfather tells you how the world works." Usually these stories end with a monologue that sums up the thoughts of the author or a striking fact that it fully endorses.
This is the case with the fourth issue of the series, called "our debtors."
The argument is interesting, although perhaps a little 'abused, and I must say that if Bilotta runs quite well. The problem is that it's all too easy.
Just as in the classic situation of "come here, grandfather tells you how the world", the point is that the speech Grandpa was right.
Doubts are kept to a minimum, the central point of history is not a question but an answer. And then in the end to his grandfather's eyes are bright and says "this is how the world works."
In fact about half of the story my grandmother arrived with the meat loaf and then cut short there. But as the week after you return home of their grandparents, never fear. It tells you
grandfather for the second time the same first half of the story.
Oh well, I digress.
However, the point of argument is that Dark Valter got sick of the annoying phenomenon of syndrome comics I've seen that recently engaged in Caravan, Michele Medda, but nevertheless, Unlike Medda, on the surface of discourse.
What's more, another heavy point down, reached the fourth issue still can not see an underlying structure that can keep up the mini-series. Currently there are only vague allusions to a possible hero's death by drowning.
So, from this point of view, the cartoon seemed very weak.
Quoting again the work of Medda, even here I found strong similarities with Caravan (which if you still have not grasped well, I found very disappointing).
Even here, in fact, a background story is the backdrop to a host of mini-side stories that, after all, are far from minor. In short, the main theme of the comic book fades into the background and becomes the excuse to tell stories that, in the end, there should not import anything. If
Valter Darkness was a comic serial to Dylan Dog, none of this would matter, but since this is a mini-series of twelve numbers, the main story should be ... that is, eccheccazzo, should be the main story!
I explained?
Finally, let me cite Stanis La Rochelle (if you have never seen Boris, DO IT!): This cartoon is too Italian.
Whether the lack of a narrative rhythm (often the stories are shipwrecked in boredom), and for the continued references to Italian culture that in the long run, they always seem more forced.
I understand that a comic strip set entirely in Rome, with Italian characters and all this presupposes that there has been a fundamental choice like "Ok! Talking about Italy," but that in each issue (in the second there's Carousel In the third several references to Italian cinema of the past, the terrorists in the fourth red) there should be elements to be recognized as a "typically Italian" is one thing that makes me turn up a little 'nose.
Apart from that all the various references that have been made so far are based on facts about thirty years ago, but if you keep screaming at each issue "Hey! But have you noticed that Valter Darkness is a comic strip all Italian?" not 're doing another show with pride that the mustache blacks and mandolin. And by the way blacks are the mustache and the mandolin than thirty years ago.
You can be Italian in 2010, without having the slightest idea what it is Carousel.
stories Valter Darkness (or rather, what I read) are almost all characterized by some great scenes in a position to immediately impress the reader.
For example:
! VALTER SPOILER FOR THE SECOND NUMBER OF DARKNESS!
The way Walter discovers his father's death, if it finds there, and suddenly realizes that he is a ghost.
! SPOILER END OF THE SECOND NUMBER VALTER DARK!
Beautiful scene.
But such scenes in Dark Valter there are different, the problem is that the sum of a few good scenes do not make a good comic.
The main defects in the script, in my opinion counts in two basic elements: a main story and the final out of focus too dull.
of the first aspect I have already spoken a few lines above.
As regards the second, the same defect in the first issue of Dark Valter has been replicated in subsequent issues, it's all too easy and fast. Valter
Blind is a psychiatrist of ghosts. A customer goes to his door, he gives him a little drawing, tell us a bit 'and * PUFF *, at some point the Unconscious is no longer bound to remain in the world of the living (generalization, I know, but I did not go too far from reality).
And this is repeated in the next issue.
's all too easy, do not you think?
"Ah, yes, I changed my mind. Now I am not afraid, I'm ready to go."
E 'a weak development. And unfortunately
is tied hand in glove with the very nature of the character of Walter. Being a psychiatrist does nothing more than "talk" to its customers (it is not my intention to belittle the profession, but in practice this is what is done).
And what's more, unlike the first issue, the action has been to decrease drastically. More and more talk, less action.
's all ... too little material.
Imagine a comic philosopher, a commitment to solve its huge mental puzzles and answer the big questions of life.
And 'certainly an ambitious idea, but I do not think a lot of fun.
Well, Valter Darkness is a comic strip about a psychiatrist who is a psychiatrist. The fact that his clients are dead is irrelevant.
But now, we are the challenger.
Kurosagi
Texts: Eiji Otsuka
Drawings: Housui Yamazaki
NOTE: everything that follows relates to what I have read so far, that is until third number in the series. The characteristics of the comics I listed may change to continue the series.
the left corner, directly from Japan, the land of almond eyes, the setting sun and several other western stereotypes, the idol of the bodies to pieces and sewn up, the champion of the dead evil Kurosagi!
Crowd applauds.
"Blava Kulosagi! You are thick!"
could say many things about the Japanese. You can hate them and you can love them, but surely we must recognize an incontrovertible fact: there should be tougher. In all that
do. In genre films, in-game show on television, in video games, movies, porn, and yes, even (perhaps especially) in the comics.
Officially, the company takes care of deliveries Kurosagi, but in fact its raison d'ĂȘtre is to fulfill (for a fee, when we can) the last wishes of the dead.
The Japanese are obsessed with death and the gods of death. In many comic books (three at random: Bleach, Death Note, Soul Eater), is the figure of the Shinigami, the reaper of souls, the God of Death. And even in this case there is something.
Kuro Karatsu is a shaman, is able to speak with the dead. But not only. Apparently it also able to animate them for a short period of time. And during these moments, a sort of Shinigami appears and puts his hand on his shoulder.
Kuro is the spearhead of Kurosagi team, led by a clever hacker named Ao Sasaki, a dowser can find corpses because of its pendulum (do not make stupid jokes) named Makoto Numata, a young stuffed Keiko Makino and a strange man named Yuji Yata always brings up a puppet who (he says) is animated by an alien entity.
Kurosagi The ramshackle group is the application of unconventional materials and underlying logic of a comic as Valter Blind.
Indeed, according to me, all that is missing its counterpart Italian: good stories sprinkled with various supernatural thriller (and I mean REALLY good with good stories, with exciting plot twists, a development capable of mounting suspense, beautiful original are able to whet the reader's attention, etc..) excellent graphics made a nice cut with horror and, above all, the ability to defuse an argument hard and painful as death.
The latter is, in my opinion, the main advantage of Kurosagi. It 'nice to read a comic book that talks about death, but he can do it with a certain irony without needing to be ridiculous. The dark humor is hard to use, it takes a certain ability to always remain in right field. And according to me, the manga by Otsuka and Yamazaki succeeds in full.
And while remaining essentially a comic entertainment, Kurosagi is also able to tackle difficult subjects such as suicide and revenge. It does so by moving the point of view in a new direction and original (more or less), plus a lively sauce of humor.
To me, this looks like so much.
are things that I do not think I've ever seen in Italy (perhaps a little 'Recchioni with his John Doe, I know very little, unfortunately), the country from which I think can come out now (almost) exclusively to stuff a huge weight, both in comics and cinema.
Unlike what was seen in comics by Bilotta, is not a psychological block to prevent the deaths to fly in heaven or somewhere, but the unexpressed desires, which vary from person to person.
Does anyone want to go home, another wants revenge, and another would just stand in a different place from where it was made. The task of Kurosagi is to fulfill these desires, which include all application materials, a something that can be seen and heard by the reader.
As this development is simpler than that of a Walter Dark?
And what is more exciting to watch Kurosagi the company that is anxious to trace a murderess rather than Valter darkness that resolves complex of inferiority of a teenager?
At this point, we come to the verdict of the judges (but now the winner of the challenge should be obvious).
AND THE WINNER IS ...
! Kurosagi!
The point of the speech is this: in a cartoon, I like to see people doing things.
And more and more things do these things and feel as the original "fun" (in the sense that they can stimulate, in any way, that part of my brain that makes me feel good), the more I'm glad to read a comic .
The premises of Darkness Valter were more than good, but in front of a main story drowning in subplots and the total lack of sense of humor, I found myself turning pages by force of inertia.
I'm really sorry, because after all I do not think that Valter Darkness is a bad comic.
But is it really too far away from those that are my favorites.
So goodbye Valter.
Good luck.
And come on, do not be angry.
PS I must say that I liked a lot of covers Paolo Martinello. Maybe a little 'too dark and dramatic, but still in line with the comics. It seems to me that the productions
Star Comics always have some great covers, but lost miserably for drawings (which seemed to me Valter Dark excellent in the first and fourth number is significantly lower in the second and third).
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