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THE LAW AND MIGRANT

CORSO DI AGGIORNAMENTO PROFESSIONALE

IL DIRITTO E I MIGRANTI
PROLUSIONE

SABATO 15 maggio 2010 ore 09,30 - 13,00

Sala Consiliare Ordine Avvocati di Bari


SALUTI DI BENVENUTO E PRESENTAZIONE

 Avv. Emmanuele Virgintino, Presidente Ordine Avvocati Bari
 On. Nichi Vendola, Presidente Regione Puglia
 Prof. Francesco Schittulli, Presidente Provincia di Bari
 Dott. Michele Emiliano, Sindaco di Bari
 Avv. Luigi Pansini, Sindacato Avvocati Bari
 Avv. Luca Colaiacomo, Presidente AIGA Sezione Bari
 Dott. Luigi Di Lalla, Presidente Corte Appeals Bari - Section III
 Introduction: Prof. Ernesto Cianciola, University of Taranto
 Keynote Address: Dr. Patrizio Gonnella, President Ass.ne Antigone



"HUMAN RIGHTS ARE UNIVERSAL"


Meetings will be held every Thursday afternoon at the Court of Bari, Piazza Enrico De Nicola No 1, from 15.00 to 18.00, in the Council Chamber of the Bar of Bari

The contribution for the participation in the course is € 30.00.
The course is reserved for first 110 members and recognizes no 15 credit points including 5 in ethics

Per le iscrizioni rivolgersi al Sindacato Avvocati di Bari - sig.ra Giovanna Catalano
Tribunale di Bari, Piazza E. De Nicola n. 1, 6° piano, tel. 080/5798198.


COMITATO ORGANIZZATORE DIREZIONE SCINTIFICA

Avv. Luca Colaiacomo Avv. Dario Belluccio
Avv. Luigi Pansini Avv. Simona De Napoli
Avv. Serena Triggiani

le notizie pubblicate su questa rivista sono protette con la licenza creative commons, per ulteriori informazioni effettuare ricerche sul web

Candida Albicans Skin

CONDOMINIUM. Table Editing thousandth.


Each condominium can take legal action to require that the tables are modified by the Court micron, which is responsible for territory, but to consider carefully whether there are conditions for obtaining the correction and to prove it. The

Articles 68 and 69 of implementing provisions of the Civil Code provide that the proportional values \u200b\u200bof any plan or plan of the portions of the exclusive property of the individual blocks are to be briefed in thousandths of the entire building and those listed in an Appendix to the Regulation.
These values \u200b\u200bmay be revised in the interests of a condominium, but only two conditions must be met: they must be the consequence of a mistake or if it significantly altered the original ratio between these values \u200b\u200bas a result of changed conditions of the building, if there was elevation of floors, a partial or espropriazone-reaching innovations.

brought to the attention of readers to a recent civil Court of Cassation, Section II, No 3001, published February 10, 2010.
The judges of the Supreme Court expressed the principle that do not involve reviewing or changing table that the errors on the determination of value, other than those induced by the elements required for the calculation, nor the subsequent changes of criteria for estimating real property, even if they led to a reassessment of the individual units of the building patterns, or alter the original relationship between the value of individual units and between them and the building.
The decisive moment to find the value of individual pieces of real estate property of their condominiums and thousandths of an outline of the value of the building is one in which the regulation was adopted and the tables were formed.
applications requiring the revision of the tables errors should not only be due to an appreciable difference between the values \u200b\u200bforming the basis of the original redazone of those tables and then actual, objectively verifiable also be given the evidence on which the value at that time was to be determined.

The story on the court ruling last February had been originated by the action of a condominium in Turin for the determination of the error tables thousandth of apportionment of costs, alo order to obtain a refund of the sums which he had paid in excess of over ten years.
The Turin Court rejected the application as did the Court of Appeals that, in stressing that the error relevant to art. 69 disp. att. Civil Code must be objective and result in a significant difference between the value given in the tables and the actual number of housing units, noted the failure to provide objective and specific demonstration of the errors from which the tables were flawed and that the alleged error of these could not inferred from the divergence from those developed in the expert witness carried out during the proceedings that had been based on evaluation criteria and their calculation of the present.
So the defense of the condominium had not provided proof of what criteria were used for calculation of the formation of the original tables and their coincidence with those used by the consultant appointed by the judge to draw up tables to achieve uniform.

must therefore suggested extreme caution when considering a legal action aimed at achieving the adjustment of tables thousandth.
I must also point out that the error that justifies the revision is not the fault of Article. 1428 and the Civil Code relating to the vices of consent in the contract, but the one from which an apparent discrepancy between the actual value of individual units and the value ascribed to them in proportion in the tables.