Search results for "Supreme court"
showing 10 items of 39 documents
Cuestiones varias en torno a la determinación de la filiación por doble paternidad
2018
The article 7.3 of the law 14/2006, of May 26 on technologies of human assisted reproduction establishes the possibility of determining legally the double maternity of married women and not separated legally or of fact, when the not biological mother consents that filiation decides to his favor the respect of the born son of his spouse. In the suppositions not regulated in the mentioned rule the Supreme Court in relation with equal women?s homosexuality in judgment of December 5, 2013 and January 15, 2014 applies the civil code and allows to determine judicially the maternity by means of the exercise of an action of claim for possession of status foreseen in the article 131. In the present …
Consideraciones sobre la cláusula irph a la luz de sus antecedentes y de la doctrina consolidada del tribunal de justicia de la union europea
2021
By issuing its judgment of March 3, 2020, the Court of Justice of the European Union (CJEU) has terminated the last episode in the evolution of the IRPH index to which almost a tenth of mortgages have been referring. in Spain, compared to the rest that the Euribor takes as a reference, declaring in essence that consumers will be able to go to court to declare the abusiveness of the clause that the aforementioned index contains in the deeds of constitution of the mortgage. To understand the scope of the current situation, it is convenient to consider even briefly what the IRPH consists of and the consequences that its application has entailed for the affected consumer borrowers, taking into …
Pre-marital and pre-unional financial agreements and their circulation in the context of the new EU regulations 2016/1103 and 2016/1104
2021
Regulations (EU) 2016/1103 and 2016/1104 provide spouses and partners with the possibility to conclude agreements for the organization of their property regime but do not detail their content and structure. Moreover, while the possibility to conclude those agreements even prior to the marriage or the conclusion of a registered partnership is a valuable innovation in comparison with other European Regulations in family matters, some choices made by the European legislator on applicable law will likely be source of inconveniences. Furthermore, as for their recognition and enforcement in the participating Member States ? which will be based on the same rules enacted for decisions, authentic in…
Bitcoin e cyber self-laundering: lo sguardo sospettoso della Cassazione sull'impiego di criptovaluta
2023
In Judgment n. 27023 of 2022, the italian Supreme Court recognized the confgurability of the crime of self-money laundering in the conduct of a person who uses the proceeds of crimes committed by him to purchase bitcoin, not directly, but through the intermediation of cryptocurrency exchange companies. The Author takes the pronouncement as a starting point to probe the extent to which the culture of suspicion, with which the anti-money laundering legislation is imbued, and the stigmatization of cryptocurrency have influenced the Supreme Court's guidance, in which there emerges a strong temptation to establish a kind of automatism between the input of illicit proceeds into the bitcoin system…
Algunas reflexiones acerca de la stjue de 9 de julio de 2020 sobre los pactos novatorios en materia de cláusulas suelo
2021
The Sentence of the Court of Justice of the European Union of July 9, 2020 comes to answer the five questions that, in its preliminary question, the Court of First Instance and Instruction No. 3 of Teruel asks about the validity of the new agreements in the context of the floor clauses, establishing jurisprudential doctrine on this matter about which our Supreme Court had previously ruled in its Judgments of October 16, 2017, in the sense of considering the agreed floor clause null as a consequence of the novation agreement and, subsequently, those of April 11, 2018 and September 13, 2018 in the opposite direction, declaring that the novation agreement was valid. It is a long-awaited and in…
Cartes et élections : la construction des circonscriptions électorales aux Etats-Unis, entre égalité et équité
2003
Maps and Elections : The Construction of Electoral Districts in the USA. Decennal census-led redistricting in the United States is the occasion for court actions focused nowadays on the political representation of ethnic minorities. Computer tools make possible the building of districts specifically tailored for Blacks or Hispanics, but blatant racial gerrymandering is now rejected by the US Supreme Court. This paper examines the most relevant judicial decisions and describes several local cases.
Weakening Forensic Science in Spain: From Expert Evidence to Documentary Evidence*
2012
An amendment in 2002 to the Spanish Code of Criminal Procedure converted into documentary evidence the expert reports prepared by official laboratories aimed at determining the nature, weight, and purity of seized drugs. In most cases, experts are spared from appearance before the courts. This is likely to be extended to other forensic fields. After an overview of criminalistic identification in current forensic science, the objectivity and reliability concepts used by jurists and scientists are considered by comparing the paradigm of individualization with that of likelihood. Subsequently, a detailed critical study is made on the above-mentioned Spanish legal reform, and a comparison is ma…
Normativa urbanistica e contratto preliminare
2015
The following article addresses the critical and controversial question concerning the invalidity of the transfer of immovable property not complying with urban planning regulation and the implication of this invalidity in the specific context of the preliminary contract. The paper comments an innovative and recent ruling of the Italian Supreme Court that proposes a crucial change in comparison with the previous decisions made in this matter. The most relevant aspect of the new Supreme Court's guideline, which makes this judgment a leading case, concerns the extension to preliminary contracts of nullity deriving from the conflict with urban planning regulations. This is an important revirem…
Una sentenza della Corte Suprema del Regno Unito sulla tutela giurisdizionale amministrativa
2019
Si dà notizia del caso "R (on the application of Privacy International) (Appellant) v. Investigatory Powers Tribunal and others (Respondent)" deciso dalla Corte Suprema del Regno Unito. It is a brief comment on the case "R (on the application of Privacy International) (Appellant) v. Investigatory Powers Tribunal and others (Respondent)" decided by UK Supreme Court.
Nomofilachia e correzione di ufficio delle sentenze della Cassazione
2020
La Corte di cassazione è l’organo di vertice dell’ordinamento giudiziario civile e penale italiano, come giudice di legittimità di ultimo grado. Lo scritto esamina i profili problematici della funzione della Corte di cassazione civile, che ha assegnato a se stessa il ruolo di guida della giurisprudenza e ha messo in secondo piano la funzione di garanzia dei diritti delle parti. La evoluzione del ruolo della Corte di cassazione ha recentemente determinato un uso improprio del procedimento di correzione, che è diretto ad emendare errori materiali o di calcolo. In particolare, la Corte di cassazione ha affermato di avere il potere di promuovere di ufficio il procedimento di correzione per emen…