Friday, April 24, 2009

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Wednesday, April 15, 2009

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Monday, April 13, 2009

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INSIDIA ROAD - pits and manholes, damages and Public Administration.



E 'often happened to motorcyclists and pedestrians to injury from a fall due to potholes and manholes on the road or pavement serviceable entrusted to the municipalities often leaves to be desired. Who is liable for damages in these cases of so-called road danger and opportunity you have to be compensated?
First we must point out that the government is not liable if the event took place in a private road. In responding to the highway concessionaire of the service required in the maintenance confronti dell'utente che con il passaggio al casello ed il pagamento del pedaggio conclude un vero e proprio contratto con il concessionario.

Per il risarcimento di questi danni, sia fisici che materiali, trovano applicazione gli articoli del codice civile: il 2043 " risarcimento per fatto illecito " e il 2051 " danno da cosa in custodia ".
La Cassazione civile , tra le tante, suggerisco di leggere le sentenze della III sezione n. 15383 del 2006 e la recente n. 390 del 2008 , ritiene che la responsabilità dell'ente proprietario della strada ha carattere oggettivo e per la sua sussistenza is sufficient causal link between the thing in custody, such as road, and the damage done to the person, such as the pedestrian who slips on ice, without giving importance to the conduct of the guardian, the Municipality, and the fulfillment of an obligation supervision. Only if the accident occurs, such as oil on the road lost a few minutes before a bus rider and that because of this fall shortly after, the responsibility of the owner of the road is not included.
The accident is unforeseeable and unavoidable external event, which can also be set up by the fact that one third of the same or damaged.
When Article shall not apply. 2051 provides that "each person is responsible the damage caused by things in his keeping, unless they prove that the accident " practical impossibility for the sake of preserving state property in its entirety, the courts have recourse to Article. 2043" fact any fault or negligence that causes others from harm, requires the person who committed the act to compensate the damage ", to which the public body liable for damages from those assets according to the general rule of neminem laedere and constituted one of its wrongful conduct.
The victim must prove the elements of fact at fault or negligence that caused the damage, the causal link, the harm suffered and the subjective culpability institution owner of the road while the latter has the burden of proving contributory negligence or the pedestrian or the presence of the accident in order to escape from responsibility.
must be established that hidden danger to road users open to the public, the so-called trap or pitfall, characterized, according to the case of a objective element the "invisibility" , and a subjective element, the "unpredictability" . It
the injured prove the existence of two elements, for example, that the hole was hidden by leaves or other debris or the weather conditions that prevented them from visibility and that this pitfall was not foreseeable to him. The fall due to a hole created by a number of days on the sidewalk that runs regularly to and from work would not have the requirement of unpredictability.
The injured party in the use of the property owned by the State should have used ordinary care without contributing to the occurrence of a damaging event, such as when the driver of a moped ruined land for a sewer, with the time embedded in the pavement, which circulated in the late evening without headlights could constitute a common responsibility.
Based on experience to those who would suggest run into these misadventures to request the immediate intervention of the municipal police, traffic police or the police on the spot and point out the road conditions and report that the immediacy of the existence of the pit or manhole constituting the trap or pitfall , if possible shoot some photos of the places before they are restored by the City and / or companies responsible for the maintenance and guard of witnesses who have attended the event harmful. These precautions will be able to take greater chances of success with the procedure for compensation for damages against the government's start with the formal request for compensation by registered letter enclosing just available copy of the minutes of the particulars.

Thursday, April 2, 2009

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April 15, 2009 - Special Meeting of Members

MEMBERS OF THE EXTRAORDINARY

E 'convened at the hall the Library of the Bar of Bari, the extraordinary general meeting of the members on 15 April 2009 at 7:30 am on first call and second call at 9:30 am, to discuss and vote on the following:



AGENDA 1. Communication in order to ANF Congress which was held in Naples from 19 to 22.3.2009
2. National Councillors election
3. Any other

Bari, March 30, 2009



The Board may exercise the voting rights for the election of National Councillors dell'ANF all union members in good standing with the payment of fees.

The vote is secret and is expressed by a number of cards containing names of no more than 2 / 3 of the eligible.

E' data facoltà a ciascun socio eleggibile, in regola con il pagamento delle quote sociali, di presentare la propria candidatura per iscritto, depositandola in segreteria entro il 14.4.09 ore 13.00.

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The third wheel

Sono incuriosito dalla sua candidatura come primo cittadino. Anche perchè non è agevole farsi largo tra l'esuberanza di Michelone Emiliano e le assetate truppe di Simeone di Cagno Abbrescia. Appuntamento at his studio in via Putignani, in a building early twentieth century. 15.30 hours and is already at work: a colleague is receiving. In the meantime I note that the study, with his books encased in high-libraries Louis Philippe style, exudes a well-known tradition of legal Ages. And I think the great tradition of lawyers who took the reins of the Municipality of Bari. Staying at the Republican memory PETER LEONIDAS LaForge (1993), DALFIN HENRY (1990-1991), VERNOLE NICHOLAS (1970-1976), Gennaro TROSORIO LIUZZI (1964-1979), PAPAL JOSEPH (1959-1960), VITO ANTONIO Bitch ( 1946-1952).
Finally the door opens and it appears that Don Mario receives me with his usual engaging smile.
D. Russian Lawyer Frattasi I should allow some provocative question, otherwise there is no taste.
R. Yes there are problems.
D. Well. A friend of mine told me that in the fabulous seventies, in full political and ideological struggle, you were the defender of his companions, those in the garden (as in the past used to be called Piazza Umberto), who gets into trouble. So, in short, she said was not a communist?
R. Yes I have been writing to the PCI until I defended Tony Negri following the revolt of the Trani prison. And I was always left. My education and cultural policy has been marked by the attendance of Don Ciccio Muciaccia (Nicky's father, a lawyer and current president rifondarolo the District Madonnella, ed), founder of the Democratic Solidarity, whose group later joined Peter Leonidas Laforgia.
D. So the defense of Tony Negri problem created between you and the PCI?
R. E 'success that the federation of the Communist Party begged me not to register because more along the lines of the firm, which admitted no compromise with the extreme fringes of the extra-parliamentary, PCI did not accept that as a declared communist ideologue could defend me the Red Brigades. I do not think it was just suffer this interference in my professional life and also defended Tony Negri, but as a result walked away from the party or maybe it's better to say that the party I walked away. I remember that in those days I called an officer of PCI who told me I had done well not to be conditioned and that in any case, communism would have gone ahead even without the Communists.
D. From PCI Casini is still quite a jump!
R. Certainly it was not easy to say yes to casino. However, in this political landscape in which the ideologies have failed and there was only running to the ruthless and power chairs the political project of national Casini design becomes a very serious and ambitious.
D. And at the city level what are your options?
aims to become one of the administrators of the city because Bari has a cultural deficit that must be absolutely filled. It is unthinkable that a reality as the only tank that Bari has the cultural dialect theater, which also has its value but that alone is clearly inadequate. It is unthinkable that the University of Bari has fallen so low, although to be honest I admire much the rector Petrocelli is undoubtedly an innovator.
And then there's another major unresolved issue is the occupation. We must create new jobs. I have the impression that the business community in recent years, rather than being helped, it was braking.
My other goal is the young people with whom we need to focus on two fundamental principles: information, understood as transparency, participation and for which I am committed to assume the role of political guidance.
D. Petruzzelli question. From Communist repentant should share the content of the basis of which after reconstruction at the expense of our property we have to pay a higher rent?
I will not go into the merits of these controversies. As I said, I am interested in the cultural growth of the city, the opportunity for young people to rise thanks to the tanks as cultural Petruzzelli.
D. Punta Perotti. What would be an acceptable proposal for Matarrese, however, that at this time do not intend to sit at a table with Emily?
One thing is certain: pay us. The State will retaliate against the City of Bari My proposal is that instead of the park would see a big stage for the marina, services, facilities for receiving and hotels, restaurants and all that is needed to make a di Bari friendly city, not only for those who live there but also for those coming from outside.
D. Savinuccio has just returned and while Japigia is party, is already warning. In any case, with or without Palmer, the criminal organizations mainly due to the drug trade have become very rich and powerful enough to be able to buy with the money laundering many businesses. Even as a criminal lawyer do you think?
I think that there is no need repression. I think that you have no seizures or confiscations. Instead the focus more on prevention, giving young people the chance to work, asking parents to self-education and to engage more in control of their children.
D. Transform the Margherita in casinos?
R. Absolutely not because it would feed it to the underworld. This structure could be a place of cultural renaissance for the city.
D. Judicial Building. Citadel or Archipelago of justice, which would you prefer?
R. For me the important thing is the aggregation of the courts, regardless of where they should be made and those who must implement. It 'clear that intervention of this magnitude is a great opportunity for economic growth for local businesses and entry into employment for young people.
D. Who take away the votes: in or Emiliano Simeone Di Cagno Abbrescia?
R. For both, I hope (Don Mario smiles mischievously ed.) Francesco Maione