Marine Propeller Calculations

Liti condominiali troppo lunghe, chi può chiedere il risarcimento del danno?

Importante sentenza della Corte di Cassazione relativamente alle liti condominiali ed alla loro eccessiva durata.
Vediamo perché .
In Italia, in virtù dell’adesione the Convention for the Protection of Human Rights and Fundamental Freedoms (enforced by LN 855/1948), every person is entitled to a reasonable duration of process (civil or criminal) that involves.
This means that the procedure can not be too long .
Failure to comply with this rule has the consequence for the person concerned the right to obtain relief for the loss suffered .
The significant point is the ' art. 2 of 89/01 ln (cd Pinto Act regulating precisely the fair compensation in case of unreasonable duration of the process) that: who has suffered economic or other damage due to violation of the Convention for the Protection of Human Rights and Fundamental Freedoms, ratified under Law 4 August 1955, No 848, in terms of non-compliance within a reasonable time under Article 6, paragraph 1 of the Convention, has the right to a fair repair .
Other articles of the law Pinto specify: what is the
- form of the question to be submitted;
- judge who is competent to decide ;
-what are the deadlines to be met for not incur disqualification
Over time there has been placed the problem of identifying the subject entitled to act to obtain compensation.
In fact, the excessive brevity of the law (which simply means those who have suffered damage ...) does not help.
If the damage was sustained by a natural person (a private citizen to understand) the problem does not arise.
Similarly, the Supreme Court has extended this right to the so-called legal persons (corporations, Ltd. or spa type, but also partnerships, such as CNS or SAS).
The problem had not yet been addressed by the condominium . With the ruling
No 22558 of October 23, 2009 , the legitimacy of judges clarify (for those cases in which the condominium is a party and is entitled to compensation) who is the legitimate subject to seek damages . According to the Court of Cassation
administrator, unless authorized in writing by all the condominiums, will not need to get this kind of compensation .
fact, he is a representative of condominiums only in relation to the management and conservation of the common parts of the building and not for other issues.
There is no doubt, In fact, says the Supreme Court, that the right to fair compensation for the duration of a process is not unreasonable burden is on the condominium that is offered only in the conduct of joint because any father's mood following the slope of process affects only the blocks that are then used singuli holders the right to compensation (so Cass. October 23, 2009, No. 22558 ). In essence, the
right to compensation for damages is a right inherent in the person of condominiums and the common parts of the building from the same village.
This means that if the ' acting administrator per questo indennizzo, autonomamente o sulla base di una semplice delibera adottata a maggioranza, si vedrebbe eccepire la carenza di legittimazione a stare in giudizio , ossia il giudice non potrebbe far altro che constatare che quel soggetto non aveva diritto d’iniziare la causa.