Friday, March 11, 2011

To Build A Home Sheet Music Free

New organization to new heights


Mirabellalive.net

was from January 15, 2010, when the young association of civil protection obtained Imakara the Regional Register of the Volunteer Organizations of Civil Protection, with No. 494. And
obtained after a series of initiatives ranging from collecting food in Abruzzo to support the earthquake victims on the occasion of the pilgrimage to San Filippo Blacks, the earthquake simulation tests in schools and on the evacuation of buildings in the season in sight and suppression, from the collection of food in favor of the flood victims of Messina logistical support to the various activities that have taken place in our community, not forgetting the fundraiser which would finalize the project "Christmas in harmony with the kids in Messina. An award of prestige for both the Association and for the whole community.
Now, two years after birth, On February 24, 2011, the Civil Protection Volunteers Association Imakara, filed for registration to the national list of voluntary organizations of civil protection, the right protocol nr.8439 DRPC of Catania, at the Presidential Decree 194/2001.
By letter dated February 28, 2011, nr.8964 Protocol, the President of the Sicilian Region, Department of Civil Protection, signed by the Director General Dr. Raphael Lupo, invited the Civil Protection Department, to include the Civil Protection Volunteers Association Imakara in the National List of Organizations of Civil Defence, issued the following opinion:
" E 'can be made positive assessments in order to 'technical and operational suitability of the same, as Article 1, paragraph 3 of Presidential Decree 194/2001, deduced from the documents we have on the organization in question .
await the formalization, but there is no doubt that the inscription seems to be certain what would be the just reward for an association and of young volunteers who never miss their support to our community.
Mirabellalive.net wish you a good luck, I thank you for what the association will give the community Mirabellese.

Thursday, March 3, 2011

Altec Lansing Backbeat 903 In Ottawa

management

New year, new life. With the renewal of registrations in the year 2011, it was necessary to the reinstatement of a member of the Executive Council and two members of the Board of Auditors.
On Feb. 4 elections were held to replenish the vacancies referred to above. From operations sfoglio Filippo Nisi were elected to the Board of Directors, Concetta Iudica Santagati and Adriana for the Board of Auditors.
Below is a comprehensive management plan update to date:

BOARD:
Daniel Cremona - President - Responsible Authorities and Institutions
Alessandro Naso - Vice President Vic .- Resp.Magazzino and tool. Filippo Nisi
- Vice President - Responsible Authorities and Institutions
Salvatore Cremona - Secretary - Responsible Management Associates
Trumino Marisa - Treasurer - Responsible for courses and exercises
Barbuscia Joseph - Resp . Maintenance Vehicles and Equipment

Board of Auditors:
Interlandi Sharon - Presidente
Iudica Concetta
Santagati Adriana

COMITATO ESECUTIVO :
Cremona Daniele - Presidente
Naso Alessandro - VicePresidente
Nisi Filippo - VicePresidente
Cremona Salvatore - Segretario
Martines Giuseppe - Membro 

SOCI ONORARI CONSULTORI:
Giustolisi Giuseppe

Wednesday, March 2, 2011

How To Masterbate For Women

Carnival 2011 Mirabellese

COMUNICAZIONE

IL CONSIGLIO DIRETTIVO, INVITA I SIG.RI VOLONTARI A VOLER COMUNICARE LA PROPRIA DISPONIBILITA' IN OCCASIONE DELLA MANIFESTAZIONE "30° CARNEVALE MIRABELLESE 2011".
LA NOSTRA ASSOCIAZIONE GARANTIRA' ASSISTENZA SOCIO-SANITARIA ED ANTINCENDIO, NEI GIORNI:

GIOVEDI' 3 MARZO DALLE ORE 10:00 ALLE ORE 12:30
GIOVEDI' 3 MARZO DALLE ORE 19:00 ALLE ORE 23:00

DOMENICA 6 MARZO DALLE ORE 15:00 ALLE ORE 24:00
MARTEDI' 8 MARZO DALLE ORE 15:00 ALLE ORE 24:00

SI PREGA VOLER DARE CONFERMA AL NUMERO 320 0227139.

Sunday, February 27, 2011

Corsets For Older Women

COMMUNICATION

Si informano tutti i Sig.ri Volontari, di consultare quotidianamente il presente BLOG per tenersi aggiornati su eventuali comunicazioni. THE PRESIDENT
(Daniel Cremona)

Saturday, February 26, 2011

Sample Beautician Cover Letter





Summary: 1.Premessa. - 2.Clausola penalty. - 3.Penale for the delay.


Legislation: Articles . 1321, 1322, 1325, 1382, 1383, 1384, 1418 cc

Law: Cass. Civ., June 26, 1962, No 1646; Cass. Civ., October 28, 1975, No 3606; Cass. Civ., March 1, 1977, No 845; Cass. Civ., July 13, 1984, No 4120; Cass. Civ., February 28, 1986, No 1300; Cass. Civ., July 10, 1996, No 6298

Bibliography: Trimarchi, Private Law, Giuffrè, Milano, 2007; IZZO, Civil Code and complementary laws, Legal Issues Simon, 2010; SACCO, DE NOVA, the contract. According Volume , UTET, Torino, 2004


1.Premessa.

Our legal system provides, on the part of subsidiaries, the ability to adjust their own actions, through demonstrations of will, designed to produce effects recognized and guaranteed by law.
Lo strumento atto a consentire tali risultati è il contratto, ossia l’accordo di due o più parti per costituire, regolare o estinguere tra loro un rapporto giuridico patrimoniale ( art. 1321 c.c. ).
Il legislatore stabilisce, altresi’, che i consociati possano elaborare negozi giuridici atipici, ovvero non espressamente previsti dalle disposizioni normative ( art. 1322, comma 2, c.c. ). Il limite, invalicabile, previsto dall’ordinamento italiano, è che il contratto abbia ad oggetto interessi meritevoli di tutela ( art. 1322, comma 2, c.c. ) e che contenga i requisiti dell’accordo tra le parti, della causa, dell’oggetto e della forma ( art. 1325 c.c. ).
Il negozio giuridico non può essere contrario a norme imperative, a pena di nullità ( art. 1418 c.c. ). Producono nullità del contratto la mancanza di uno dei requisiti indicati dall’articolo l’illiceità della causa l’illiceità dei motivi nel caso indicato dall’articolo e la mancanza nell’oggetto dei requisiti stabiliti dall’articolo ( art. 1418, comma 2, c.c. ).


2.Clausola penale.

La clausola penale è l’istituto giuridico mediante il quale, in caso di inadempimento o di ritardo nell’adempimento, uno dei contraenti è tenuto a una determinata prestazione ( art. 1382 c.c. ). Essa è dovuta indipendentemente dalla prova del danno ( art. 1382, comma 2, c.c. ).
Molto spesso nei rapporti tra privati risulta problematica la valutazione del pregiudizio effettivamente arrecato, pertanto le parti possono decidere di introdurre, preventivamente, una clausola penale, volta a stabilire, ex ante , la somma di denaro che dovrà essere erogata qualora una delle parti sia inadempiente.
Di conseguenza, il soggetto, che non avrà ottemperato agli obblighi contrattuali, dovrà liquidare, to the other party, the payment amount in the criminal and the creditor will not have to prove in a court of law, to have suffered actual injury.
The parties may also stipulate that the penalty represents the minimum compensation that will liquidate the debtor to the creditor, however, when the latter proves to have suffered a major loss may invoke a sum greater than that required by the penalty clause (Article . 1382 cc).
The advantage of putting that stipulation is:

a) is the simplification it brings evidence during the trial, since it will be due regardless of proof of injury;
b) is on the liquidation of damages in cases in which it was non-pecuniary harm caused.

The creditor can not ask all the main performance and the penalty, if this is not stipulated for mere delay (art. 1383 cc).
Obviously, the higher will be the extent of this clause, the more it will have a role to encourage the debtor to meet the provision.
The penalty can be decreased equally by the court, if the principal obligation has been executed in part, or the amount of the penalty is manifestly excessive, having regard to the interest that the creditor always had performance (art. 1384 cc).


3.Penale for the delay.

Very often in business practices, a penalty clause is introduced which is appropriate di ritardo. In tale circostanza il creditore potrà sia ottenere la liquidazione della somma prevista nel patto predetto, sia agire per l’adempimento del contratto ( art. 1383 c.c. ).
Il creditore potrà anche proporre una domanda di risoluzione ( oltre ad invocare la somma prevista nella penale ), qualora il ritardo ecceda la normale tollerabilità(1).
E’ pacifico che nell’ipotesi in cui il debitore, oltre ad essere in ritardo, risulti anche inadempiente, il creditore sarà legittimato ad avviare un’azione di risarcimento danni per la situazione di pregiudizio a lui arrecata (2) .
From the above argument follows that the creditor when the debtor is in arrears and in default with respect to the provision of the agreement, may take legal action with a dual application for an order to pay damages resulting from prosecution for the delay and for both the failure, provided of course if (3) , and the injury further and distinct from that identified in the same criminal (4) .

Notes:

(1) Cass. Civ., June 26 1962, n. 1646; Cass. civ., 28 ottobre 1975, n. 3606

(2) Cass. civ., 1 marzo 1977, n. 845

(3) Cass. civ., 13 luglio 1984, n. 4120

(4) Cass. civ., 28 febbraio 1986, n. 1300; Cass. civ., 10 luglio 1996, n. 6298


Tuesday, February 15, 2011

Good Music For Basketball Warm Ups

penalty clause for the management of the affairs of another



Legislation: Articles. 2028, 2029, 2030, 2031, 2032, cc

Bibliography: Trimarchi, Private Law, Giuffrè, Milano, 2007; IZZO, Civil Code and complementary laws, Simone Legal Issues , 2010

Law: Cass. Civ. No 3843/56, Cass. Civ. No 3843/56


Who, without obligation, knowingly assumes the management of a business of others, is bound to continue and to bring it to fruition until the person is in a position to do by himself (art. 2028 cc).
The legislature has placed the negotiorum manage in Title VI of Book IV of the Civil Code. In the first paragraph of the provision in question is highlighted, first, that the operator or the person who puts in place the management of others of the deal, has no statutory obligation to intervene and such behavior is realized in spontaneous and conscious. In fact, in such circumstances there is no contractual relationship. Part of the doctrine considers that this provision is placed in garrison on the one hand, the altruistic conduct of subsidiaries, and other to avoid the company of interfering with private choices of citizens (1).
The negotiorum gesture can also be put in place against the government, however, that in fact there must be recognition of ' utilitas by the same PA (2).
The legislature crystallizing the formula "until that person is able to do so by himself," wanted to understand the domain absentia, which is a temporary impediment material and (3). The aforementioned fact regards the impossibility of putting the dominus be directly in such conduct, as not physically present on site, or when there is legal impossibility (4). The cases are many, think of an injured person is unconscious do admit that a person in a motel, or a motorist whose car was stolen from under their eyes and throw another driver looking to stop the thief of the medium (5). Should the dominus is a legal impossibility should come by the department which should be put in such conduct (6).
The object of negotiorum manage may relate to legal acts, sia atti materiali(7), ad esempio il ripristino di un bene potrà essere realizzato sia dallo stesso gestore, sia da un soggetto preposto professionalmente a tale compito che abbia stipulato un negozio giuridico con il gestore. In generale gli atti giuridici concernono la conservazione e l’amministrazione dei beni anche se, in alcuni casi, possono riguardare anche atti di disposizione(8).
L’obbligo di continuare la gestione sussiste anche se l’interessato muore prima che l’affare sia terminato, finché l’erede possa provvedere direttamente ( art. 2028, comma 2, c.c. ).
Il gestore deve avere la capacità di contrattare ( art. 2029 c.c. ). Consequently, the legal documents in place, by the operator, not provided with legal capacity, shall be considered invalid against the dominus .
The manager is subject to the same obligations that would result from a mandate (art. 2030 cc). If the dominus suffer prejudice, for acts done by the operator incapable, can claim protection under Article damages. 2043 cc, where the situation is illegal, according to some writers, was not made with negligence (9). Conversely, the Court held that the operator, unable or not, should answer, of tort law even when the conduct has come into being following a mild negligence (10).
However, the judge, in light of the circumstances which led the operator to take over the management, may moderate the damages to which they would be required as a result of the fault (art. 2030, paragraph 2, DC).
If the operation is useful to begin, the applicant must fulfill the obligations that the operator has taken in his name, shall indemnify the operator of those recruited from the same in its own name and reimburse all the expenses necessary or useful with interest from the day when the same charges were made (art. 2031 cc). The bond, paid out of the dominus, aims to compensate the economic outlay incurred by the operator, it is a value debt (11). This provision does not apply to acts carried out against the ban on the management of the person concerned, except that this prohibition is against the law, public order or morality (Article 2031, paragraph 2, DC).
Ratification of the person producing, management is concerned, the effects were caused by a warrant, even if management was carried out by people who believe a deal to manage own (art. 2032 cc). The ratification must be brought to the attention of both the third (which came into contact with the operator) is the operator, and shall apply retroactively. Where non vi sia la ratifica da parte del dominus, il negozio giuridico si considera non concluso(12).



Note:

(1)    TRIMARCHI, Istituzioni di diritto privato , Giuffrè, Milano, 2007, pg. 331

(2)    IZZO, Codice civile e leggi complementari, Legal Issues Simone, 2010

(3) IZZO, Civil Code and complementary laws, Legal Issues Simon, 2010

(4) IZZO, Civil Code and complementary laws, Legal Issues Simon, 2010

(5) Cass. Civ. No 3843/56

(6) IZZO, Civil Code and complementary laws, Legal Issues Simon, 2010

(7) Cass. Civ. No 3843/56

(8) Cass. Civ. No 607/54, in Foro en. 1952, I, 325

(9) Trimarchi, Private Law , Giuffrè, Milano, 2007, pg. 332

(10) IZZO, Civil Code and complementary laws, Legal Issues Simon, 2010


(11 ) IZZO, Civil Code and complementary laws, Legal Issues Simon, 2010

(12) IZZO, Code Civil and complementary laws, Legal Issues Simon, 2010

Saturday, February 12, 2011

Bronchial Pneumonia Antibiotics

Mass torts in the common law model



Summary: 1.Nozione of mass torts . - 2.Classificazione of mass torts. - 3.Delimitazione institution.


Bibliography: CALABRESI, Bobbit, tragic choice, Giuffrè, Milano, 2006; CALABRESI, The gift of the evil spirit , Giuffrè, Milano, 1996; FREZZA, Paris, Responsibility civil and economic analysis , Giuffrè, Milano, 2006; Trimarchi, Risk and responsibility objective, Giuffrè, Milan


1.Nozione of mass torts.

catastrophic events, which cause harm to a variety of subjects, are defined in the literature of civil common law, as mass torts.
The institute was established in the Anglo-Saxon legal systems (and in this case the U.S.) since the 70s of last century, and the dogmatic point of view comporta notevoli problemi interpretativi. Taluni autori, infatti, si sono chiesti se i mass torts potessero essere inquadrati, dal punto di vista giuridico, come species nel genus della responsabilità aquiliana, ovvero se rappresentano una categoria autonoma (1) .
Tralasciando le dispute dogmatiche tra cattedratici, è bene evidenziare che negli anni novanta, in U.S.A., il contenzioso concernente i mass torts , nelle cause di responsabilità del produttore, ha toccato la quota del 75%.
Il dato dimostra la rilevanza del problema in parola, e la forte tendenza dei cittadini americani ad intraprendere azioni legali, fa immaginare that this percentage will increase in coming years.


2.Classificazione of mass torts.

To better understand the scope of the phenomenon on mass disasters is useful to make a classification of development that they have had in American society. Some commentators have found that they differ essentially in three phases:

a) mass accident cases: in these circumstances, the harm is realized by a plurality of damaging, easily identified, and affects a multitude of subjects easily traceable;
b) pharmaceutical products and medical devices: these assumptions relate to prejudice made by the administration of pharmaceuticals;
c) ; mass toxic torts: the situation that concerns the case where the emission of toxic chemicals or causes injury to several persons (2).

This classification gives an idea about the actual harm that may cause this type of accidents to society. Not infrequently, the mass media denounce the population, the inherent danger of certain activities, for both citizens and the environment, think of the chemical industries, or firms that provide electricity or to nuclear power plants (3) . Despite this, the legislature is forced to accept this dangerous activity, because they allow the whole of society has got many benefits.
The question of the adoption of certain choices, of promoting a dangerous activity is evaluated by our legislators, on the basis of balance economic interests between the revenue that will be achieved through the use of that particular activity, and damage caused by the same population (4) . In other words, as argued by the best legal economists doctrine, the choice of legislators is tragic, they must consider who should live and who shall die, and that impasse is impossible to escape, as each solution is not neutral and involves in However injury to the entire community (5).


3.Delimitazione institution.

As stated nelle argomentazioni predette, i mass torts sono eventi catastrofici che cagionano nocumento ad una pluralità di persone. L’istituto presenta una connotazione giuridica ibrida rispetto al modello tradizionale dei torts .
Dal punto di vista processualcivilistico, è possibile che vi siano una pluralità di attori ( tutte le vittime del disastro ) che, mediante lo strumento della class action, esercitino la propria azione, congiuntamente, in giudizio (6).
Per quanto concerne il nesso eziologico, esso potrà anche non essere accertato immediatamente, giacché nelle ipotesi di rischio incrementale ( o stocastico)  il pregiudizio si realizzerà later.
are also major problems raised by the assessment of the damage, not to mention that excessive compensation may also lead to the insolvency of the qualified persons. By virtue of these elements carefully explained that the doctrine mass torts are a separate category, distinct from the traditional torts , it is characterized by:

a) multitude of victims of the accident,
b) possibilities that arise after the accident the unlawful act;
c) difficulty of quantifying the damage;
d) problem of identification of beneficiaries of the injury was caused ;
s) plurality of multiple causes indistinguishable (7).

The civil action for damages may be enforced in a court in the U.S. system, by means of class action, which is le sue radici in fattori economici, politici e sociali.

Note:

(1) FREZZA, PARISI, Responsabilità civile e analisi economica , Giuffrè, Milano, 2006, pg. 285

(2) FREZZA, PARISI, Responsabilità civile e analisi economica , Giuffrè, Milano, 2006, pg. 288

(3) TRIMARCHI, Rischio e responsabilità oggettiva , Giuffrè, Milano, 1961

(4) CALABRESI, BOBBIT, Scelte tragiche , Giuffrè, Milano, 2006; CALABRESI, The gift of the evil spirit , Giuffrè, Milano, 1996

(5) CALABRESI, Bobbit, tragic choice, Giuffrè, Milano, 2006; CALABRESI, The gift of the evil spirit , Giuffrè, Milano, 1996

(6) FREZZA, Paris, Liability and Economic Analysis , Giuffrè, Milano, 2006, pg. 289

(7) FREZZA, Paris, Liability and Economic Analysis , Giuffrè, Milano, 2006, pg. 290

Saturday, February 5, 2011

Can We Drink Tea While Fasting?

News in the Council of Governors and the Board of Auditors.


elections were held yesterday for the reinstatement of members missing in the Council of Directors and the Board of Auditors. From the votes taken on board and then by secret ballot, after operations have occurred sfoglio segenti the results: by the Board of Directors is elected by 6 votes, Filippo Nisi.
To the Board of Auditors are elected Messrs. Iudica Concetta (6 votes) and Adriana Santagati (5 votes).
In the coming days, will be called a special meeting with the following agenda:
1) Confidence in President
2) Establishment of Messrs. Philip Nisi, Iudica Concetta, Santagati Adriana
3) Program activities from February to March
4) Any other

Thursday, February 3, 2011

American Test Kitchen

Brief notes on the legitimacy of the sovereign legal systems ancient and medieval



The man from the moment he decided to live in a society with others like he had to deal with the identification of rules that to ensure peaceful coexistence.
From ancient times until today have been many types of rules that cultures all over the world have developed in order to achieve this goal. For many centuries, they were religious in nature, think about Abraham, the founder of the Jewish population, which bases its legitimacy on the social pact signed by him, in behalf of the tribe Jewish, with God the same way the Roman emperors received their right to rule by virtue of a divine investiture. In the period following the barbarians who conquered Europe in the Roman Catholic Church found a valuable ally for "teach" the people . And even the Arabs in the Middle East led by the Prophet Muhammad in the Islamic religion found a common denominator that allows' them to become the first in a few decades the military and political power in the Mediterranean.
Each of these cultures, thanks to power given by faith in the supernatural, has been able to organize a pseudo-centralized. The population complied with laws, not di rado dispotiche e barbare, emanate dal monarca.
Viceversa la società dei Gentili era acefala, infatti in tale contesto erano presenti varie tribù o clan, ognuno dei quali rappresentato da taluni capi, i quali al di sopra della loro autorità non riconoscevano alcun potere. Tuttavia, poteva accadere che costoro si unissero con altre tribù al fine di condurre una guerra in comune per procacciarsi sia ricchezze, sia nuovi territori.
Sotto un profilo giuridico è possibile domandarsi in quale modo tali società regolassero i loro rapporti privati come ad esempio i contratti, la responsabilità civile o le successioni. Ogni peculiare cultura adottava differenti soluzioni, ad example, in medieval Christian Catholic area, was in force, a clear distinction between canon law and civil law, one and the other sphere demarcated from the temporal and spiritual power. The civil law was based on ius commune, (thanks to Inernio who had revised the Code of Justinian, bringing to it of the glosses, or comments of the same regulatory body). Within the purely penal, there was a mingling of crime and sin, it was torn down only thanks to the enlightened thinking that process guarantees that still exist in the system, procedural and substantive, which adhere to the principle of legality, fault principle, contrary to the death penalty, and the inhuman torture, et cetera ...
of fundamental importance for the subsequent development of both legal positivism, both of natural law, was the thought of Hobbes. The English philosopher saw that the men were in a state of permanent war against each other and that that is not possible to ensure social peace. The only remedy was the union of all persons in a state, represented by a monarch who, like the Leviathan (mythological monster of biblical origin) could be used to achieve social peace. Moreover, the sovereign, in the opinion of Hobbes, was to be accentrare in se i tre poteri: esecutivo, giudiziario e legislativo ed esercitarli monocraticamente in maniera assoluta (1). Anche per l’autore la legittimazione derivava direttamente dal soprannaturale, giacché il sovrano sarebbe stato investito del suo potere direttamente da Dio e di conseguenza il cittadino avrebbe dovuto ottemperare alle leggi da lui emanate (2).


NOTE:  

(1)    HOBBES, Leviatano , Laterza, Bari, 2010

(2) Hobbes, Leviathan , Laterza, Bari, 2010

Wednesday, February 2, 2011

Blogs Of Kates Playground

separation and charge





For centuries, human society is based the insolubility of marriage. The institute in question is served not only to satisfy the desires of procreation and creation emotional feelings of people but also to strengthen political and military alliances.
The fundamental role in this context was exercised by religion, it is thanks to its legitimacy, derived from a powerful caste of priests, invested their power directly from the supreme deity, he could easily control the behavior of the population (1).
This fabulous mechanism is in crisis in the post-Second World War, in which a number of factors, including the industrial revolution, the more wages obtained by women and their own emancipation, led the law on December 1 1970, no 898 entitled " Discipline of the cases of dissolution of marriage ", or the institution of divorce.
In this historical moment, our legal system recognizes the rights of the family as a natural society founded on marriage (Article 29 of the Constitution). Despite this increasingly this institution appears to be degraded in the face of growing demand for separation and divorce, as the ISTAT surveys show that between 1996 and 2006, the latter grew by 51.4%.
The data is significant from a sociological profile, demonstrating that the volitional element, expressed by most of the Italian population, is to opt for a departure from previous status of spouse and agree on a new-found freedom " of do's and don'ts ".
Given this context, of course, also increase the requests for judicial separation. It with the reform of family law of 1975 has been copiously amended. Earlier this institution could be invoked before the courts only when there had been culpable conduct attributable to the other spouse.
reform in the legislature has eliminated the subjective element is identified in the wrongful conduct of the spouse, whether the assumptions that were previously designated as required under penalty of improponibilità of pronunciation. The current provision provides that the separation can be claimed when they occur, even beyond the control of either or both spouses, the facts which render intolerable the continued cohabitation or be seriously prejudicial to the education of children (Article . 151 cc). These behaviors can be identified when the conduct of a spouse causes serious damage to the ' physical or moral or the freedom of the other spouse or partner (Article 342 - bis cc).
The legislature has also ', held that the judge pronouncing the separation, states that met the circumstances and it is requested, which is responsible for the separation of the spouses in consideration of his conduct contrary to obligations arising from the marriage (art. 155, comma 2, cc).
Part of the doctrine considers that this legislation is a manifestation of the previous penalty, although there are significant differences (1). First, you can not achieve separation to be charged when a spouse is not merely to fulfill marital duties, but rather 'it is necessary to verify the causative link between the negligent conduct el'intollerabilità coexistence, because only where there is this latter circumstance may be invoked (and obtaining ) separation and charge (2).
The law states that in cases of adultery, there may be separation and charge only in case of infidelity, has been repeated over time, and have caused serious harm to the couple or their offspring, or even in the case of courtship in place by one spouse against a third have not found concrete expression (3) . The charge separation can be invoked, in addition, where one spouse has adopted an attitude of cold, detached and devoid of attention to the other spouse, or in cases where for example the husband does not allow his wife to keep their relationships affective with his family of origin (4) . Of course there is the fact that even when for example the husband has offended the dignity or physical integrity of his wife, think of cases of abuse in the family (art. 572 Criminal Code) or to cases of abuse (art. 594 cp).
contrast to the case law (and the doctrine of majority) did not consider that you could configure the charge separation in cases where one spouse had changed his religion, since that right is guarded by the constitution (Article 19 of the Constitution) . In a similar vein, the courts have been rejecting the demand charge, in cases of abandonment of the conjugal roof dictated by undue interference from the mother-in-law put in place (5) .

NOTE:

(1) SACCO, Anthropology legal Bologna, Il Mulino, 2007; Rouland, Legal Anthropology , Giuffrè, Milano, 1992

(2) ; SIXTH, Handbook of family law , Cedam, Padova, 2009, pg. 135

(3) SIXTH, Handbook of family law , Cedam, Padova, 2009, pg. 136

(4) SIXTH, Handbook of family law , Cedam, Padova, 2009, pg. 136

(5) SIXTH, Handbook of family law , Cedam, Padova, 2009, pg . 137

Monday, January 31, 2011

Yokohama Advan A10 Noise



was held Saturday, January 29, 2011 at the premises during the course of Sicily, the shareholders' meeting to discuss and vote on Budget 2011, the year 2010 Financial Statement and other communications of the President.
chairing the meeting the President Daniel Cremona which after noting that the number of these are legal, gave the floor to the Chairman of the Board of Auditors.
The President of the Auditors, Sharon Hinton , read out the minutes of the Board on the Financial Statement year 2010, reporting a net operating result of € 328.93 to € 6,383.83 in total receipts and total expenditure amounted to € 6,054.90. In detail, it appears that the main expenses were used for the purchase of equipment and insurance coverage required by law.
those circumstances, the Chairman of the Board of Auditors, Sharon Hinton, propose to the approval of the Final Account for the year 2010, according to the findings and the detailed analysis presented. The Chairman, Daniele Cremona , pone ai voti il Conto Consuntivo 2010, che viene approvato dall’Assemblea all’unanimità. Il Presidente da inoltre lettura del Bilancio di Previsione per l'anno 2011 che prevede delle entrate presunte di € 5.518,93 e uscite pari ad € 5.518,93. Era presente in Assemblea, il Socio Onorario Consultore, Giuseppe Giustolisi il quale ha espresso il proprio apprezzamento per l'operato svolto dall'Associazione dal 1 Febbraio 2009 ad oggi.

Friday, January 28, 2011

Twins Mastirbating Each Pther

Shareholders' All's well that ends well ... News

da una nota di Tony Interlandi :


CLEO E BIRBA SONO STATI RITROVATI

Ancora un altro shot scored by AVPC IMAKARA that the decision of his stubbornness and President Daniel Cremona, they found the dogs that were lost in Mirabella Imbaccari. The continued search lasted three days, but despite the rain and freezing temperatures, Daniel and Marisa Cremona did not give up and brought a smile to Hinton House. Almost incredulous Tony and Sharon were wearing boots, to search for the dogs in the surrounding countryside, are full of rain, when they saw the hardening occur at home aboard the civil protection, which has brought home Cleo and scamp. And 'the case to say that the middle is all we put them right. Already yesterday with the 4x4 was difficle penetrate the forest. With that half (Fortitude Bordeaux) is very much more difficult to challenge "the forest" ... yet they did rischiado + times bogged down in mud and clay. All's well that ends well ... but the means we've got them all put their own .... by the people of MySpace friends with cars that have scoured the neighborhood.
THANKS TO ALL THOSE WHO WERE CLOSE TO RETURN TO HOME & CLEO BIRBA. Here's the poster

search:

The AVPC Imakara points out that even though you were two dogs, all was done, as always with the heart and passion.

Tuesday, January 25, 2011

Make-up For Formal Occasions

Sale of business and delimitation of the possibility of withdrawal of a shareholder



Summary: 1.Nozione company. - 2.In what way the company runs?. 3.Allocazione-contracts the company sold. - 4.Crediti and debts relating to the company. - 5.Il simple withdrawal of a shareholder in the company (SS) and the limited liability company (SRL).

1.Nozione company.

In common parlance the terms enterprise and company take the same meaning, however, from a legal perspective
the gap is clear, since the company has all the assets held by the contractor to the exercise of the company (art. 2555 cc), while the latter represents the activity organized economic,
the end of production or exchange of goods or services (art. 2082 cc). Between the two there is a relationship as a means to an end.
Consequently the company is aiming to cover all forms of production of the year, ie, configure the goods that are materially necessary to accomplish that particular business. And 'well to specify that the contractor may not have the properties on these particular goods, because he could also benefit from them in order to perform the business activities (eg the entrepreneur who uses such property under a lease (1).

2.In what way the company runs?.

The legislature has provided that the company, like any other asset, can circulate when the farmer disposes of, or the giving in usufruct or rent. For companies subject to registration agreements which relate to the transfer of ownership or enjoyment of the company must be evidenced in writing, save
compliance with the forms prescribed by law for the transfer of individual assets that make up the company or
to the particular nature of the contract (art. 2556 cc). The
writing procedural, for the validity of legal transactions is imposed only for companies subject to registration, or those that have as their object:

1) an industrial activity is the production of goods or services

2) an intermediary in the movement of goods;
3) transport activity by land, sea and air;
4) a banking or insurance;
5) other ancillary activities of the above (art. 2195 cc).

E 'we must specify that the written form will be required each time you will undertake a transfer of real estate, furniture and registered in other circumstances in art. 1350 cc. The moment will be transferred to the company not occorrerà specificare i singoli beni oggetto del negozio giuridico, in quanto, saranno compresi tutti quelli che attengono all’organizzazione comune dell’imprenditore. Le parti, tuttavia, potranno espressamente escludere taluni dei beni dal trasferimento.
Esiste un limite all’esclusione di tali beni, infatti se la traslazione si realizza al di sotto della soglia minima nella
quale è possibile svolgere un’attività commerciale, non si avrà una cessione di azienda ma un mero dislocamento di pluralità di beni (2) .

3.Allocazione dei contratti dell’azienda ceduta.

Nell’azienda l’imprenditore fruisce anche di beni rispetto which has only enjoyment, so the transfer of business involves the sale also derived from business carried on by the transferor.
If not otherwise agreed, the buyer takes over the company in contracts for the exercise of the same company that does not have a personal nature (art. 2558 cc).
Firstly there is the phenomenon of transfer of employment contracts entered into by the contractor to carry out its business, in fact in the case of company transfer, the employment relationship continues with the transferee and the employee shall retain all rights arising therefrom (art. 2112 cc). Unless otherwise agreed, in case of transfer for any reason the buyer takes over the company in the consortium contract (art. 2610 cc). Secondly
are relevant to business contracts in the strict sense, ie those involving the use of property not belonging to the entrepreneur and business contracts entered into for the use of the company (eg, contracts with suppliers, contracts insurance, et cetera ...).
Thirdly, deserving of attention are the leases and the payment of compensation by the tenant, the landlord permits the use of the property where the commercial activity takes place.
Finally the last category of legal acts relevant to the transfer of business are personal ones, since it is the legislature to provide that the buyer takes over the company in contracts for the exercise of the same company that does not have a personal nature (art. 2558 cc ).
First, the distinction between personal contracts and contracts for the financial enterprise, involves considerable difficulties of interpretation (3) . In a nutshell, you can include in this special category of legal transactions in which there is a close connection trust between the employer and the professional who was chosen for its of competence.

4.Crediti and debts for the company.

The transfer of the succession of legal transactions in regard to those performance fees that
before the transition to entrepreneur contractor had not yet been fully concluded.
The disposal of claims relating to the divested business, even in the absence of notification to the debtor or its acceptance has effect against third parties, by the time of the transfer in the register of enterprises (art. 2559 cc). But the debtor is released if he pays in good faith transferee
(Article 2559, paragraph 2, DC). As
regards the debts, they detect only those that are off the books required (article 2560, comma 2, cc), so the assumption of such a deduction only if you configure the vendor was a merchant art. 2082 cc. It 'good to clear it does not detect the fact that the buyer was aware of any debts not included in the records (4) . The transferor is not released from
debts, with the exercise of the transferred prior to the transfer, if it does not appear that the creditors will have
allowed (Art. 2560, Civil Code).

5.Il simple withdrawal of a shareholder in the company (SS) and in society Limited (SRL).

In simple societies each member may withdraw from the company when it is contracted for an indefinite period or for life of one of the members (art. 2285 cc).
This option is an exception to the system envisaged by the rules of common law, because the contractors usually can withdraw from the legal transaction only on the basis of mutual consent
art. 1372, comma 2, cc.
Members may also withdraw as provided in the social contract, or when there is a just cause (Article 2285, paragraph 2, DC). It must be determined in case by the interpreter, however, a recent case decided that this phenomenon is configuraallorquando members fail to fulfill duties of loyalty, diligence and fairness (5) .
In the cases provided for in the first paragraph, the withdrawal must be communicated to the other shareholders with a notice of at least three months (Article 2285, paragraph 3, DC).
With regard to the limited liability company articles of association shall determine when the member can withdraw from the company and the relevant procedures. In any case, the right to withdraw the responsibility to shareholders it was not possible to change the object or type of company, its merger or demerger, to lift the state of liquidation by transferring the registered abroad after elimination of one or more Cases of withdrawal provided for in the Constitution and carrying out transactions which entail a substantial modification of the object
Society determined in the articles or the substantial modification of the rights granted to members pursuant to Article 2468, fourth paragraph, cc. Not affect the provisions on withdrawal pearls companies subject to management and coordination (art. 2473 cc).
In the case of a company contracted indefinitely the right of withdrawal is for the member at any time and may be exercised by serving a notice of at least one hundred eighty days, the bylaws may provide for a notice period of longer duration if not more one year (Article 2473, paragraph 2, DC).
Members who withdraw from the company are entitled to a refund in proportion to its participation in the assets. To this end it is determined taking into account its market value at the time of the declaration of withdrawal in case of disagreement, the determination is made by sworn report of an expert appointed by the court, which also provides for costs, at the request of either party , applies in this case, the first paragraph of Article 1349 Civil Code (art. 2473, paragraph 3, cc) ..
Repayment of equity that has been exercised the right of withdrawal must be completed within one hundred eighty days of the same made to society.
It can also be offered for purchase by other shareholders in proportion to their holdings or from a third party identified by such shareholders agree. If they do not, the refund shall be made using available reserves or, failing that, correspondingly reducing the share capital, in which case the provisions of Article 2482 and, based on where it is not possible a refund of the participation of members resigned, the company is in liquidation (Article 2473, paragraph 4, Civil Code).
The withdrawal can not be exercised and, if already executed, and is ineffective if the company withdrew the resolution that the legitimate or if you decide to dissolve the company (Article 2473, paragraph 5 cc).

NOTE:

(1) Cass. Civ., October 20, 1966, No 2777, in Mass. Foro it. , 1966

(2) Cass. Civ., June 16, 1967, No 1416, in Mass. Foro it. , 1967

(3) Cass. Civ., April 12, 2001, No 5495, in Jur. comm. , 2001, II, p. 543 ff., With a note of
M. CIAN.

(4) Cass. Civ., June 20, 2000, in Mass. Foro it. , 2000

(5) Cass. Civ., February 14, 2000, No 1602, in Mass. Foro com., 2000

REFERENCES

GALGANO, Commercial Law. The entrepreneur. Zanichelli, Bologna, 2009

GALGANO, Commercial Law. Companies. Zanichelli, Bologna, 2009

Saturday, January 22, 2011

2010 We The People Zodiac

within the Board and the Board of Auditors.

Day Feb. 1, our Association is celebrating two years of its foundation. In this period results have been achieved truly extraordinary. From the collection food to the earthquake victims in Abruzzo, support to the pilgrims during the pilgrimage to St. Philip in 2009 and 2010, the earthquake simulation tests in schools and its evacuation of the buildings, the season sighting and fire suppression in 2009 with the Municipality of Mirabella Imbaccari, collecting food for the flood victims of Messina, logistics support to the various activities that have taken place nella nostra collettività, la raccolta fondi atta a finalizzare il progetto “Natale in armonia con i bambini di Messina”, la stagione antincendio 2010 su attivazione del Dipartimento Regionale di Protezione Civile, e per finire la realizzazione dell'Albero di Natale in Piazza Vespri con bottiglie di plastica riciclate.
In questi due anni moltissime sono state le persone che hanno voluto provare con mano le attività svolte dall'associazione, e molti sicuramente non hanno invece capito che la nostra è un'associazione che si occupa di svolgere iniziative per il sociale tramite la collaborazione di tutti gli apparttenenti in modo attivo. Ad oggi sono stati 49 gli iscritti. Quindi non basta solamente having given its consent, but must work proactively.
Even in our small, then, there are threads or friction. Certainly this year there will be some news in the Council of Directors as a result of non-renewal by some volunteers. New course also with regard to the Board of Auditors. Also on 18 cm, our association has returned the Ente Comunale Daf lorry, on which we installed the module fire, to protect the safety of volunteers, as unfit to serve in fire fighting. Hoping to spend 2011 on solidarity and the Environment, As always thank all the volunteers who have labored with the utmost care during the association's activities.
Daniel Cremona

Follow the news on MirabellaLive.net

Friday, January 14, 2011

Vintage Glam Furniture

Convocation

Thursday, January 13, 2011

Best Mixer With Vodka

tort liability directors against the company under the decree.




institutions for a long time, were not considered imputabili.Tale orientation arose aversion on the part of Enlightenment thinkers, for the prosecution authorities, as for many centuries had been considered to be related and, not infrequently , were exempted bull of excommunication against entire cities.
With the Enlightenment, it was considered that this legal situation was resolved, therefore, was developed the principle societas delinquere non potest . This assumption was questioned already in the period of the industrial revolution, since in case of accidents by pursuing the person in charge of managing or all’amministrazione dell’ente, molto spesso, le vittime non riuscivano ad ottenere un ristoro.
La dottrina successivamente cercò di elaborare alcuni criteri al fine di poter processare gli enti, tra queste assunse notevole rilievo la teoria organicistica ( di matrice tedesca ), in base ad essa l’ente è responsabile, nonostante sia una fictio iuris, giacché il reato è stato posto in essere da un suo organo mediante il quale essa agisce e che persegue la politica d’impresa, di conseguenza l’ente risponde per il fatto altrui.
La propulsione decisiva per la codificazione di una responsabilità degli enti venne given by the European Union in order to reduce fraud offenses urged member states to crystallize the rules to prevent such conduct. Italy with Legislative Decree no. 231 of 2001 introduced administrative liability. All ' art. 1 , the provision, it is determined that recipients are entities established under private law and without legal personality. L ' art. 2, Leg. 231/2001 refers to the principle of legality and legal reservation. L ' art. 4 provides that in the cases and conditions provided for in Articles 7, 8, 9 and 10 of the Criminal Code, the entities in the State with its principal place of meeting in relation ai reati commessi all'estero, purché nei loro confronti non proceda lo Stato del luogo in cui e' stato commesso il fatto. Al secondo comma invece viene stabilito che nei casi in cui la legge prevede che il colpevole sia punito a richiesta del Ministro della giustizia, si procede contro l'ente solo se la richiesta e' formulata anche nei confronti di quest'ultimo. L'ente, inoltre, e' responsabile per i reati commessi nel suo interesse o a suo vantaggio:
a) da persone che rivestono funzioni di rappresentanza, di amministrazione o di direzione dell'ente o di una sua unita' organizzativa dotata di autonomia finanziaria e funzionale nonche' da persone che esercitano, anche di fatto, la gestione e il controllo dello stesso;
b) da persone subject to the direction or supervision of a person referred to in subparagraph a) ( art. 5, Leg. 231/2001). The body does not respond if the persons referred to in paragraph 1 acted solely in the interests of third parties ( art. 5, paragraph 2, Leg. 231/2001).
if the crime 'was committed by the persons designated in Article 5, paragraph 1, letter a), the entity is not liable if he proves that:
a) the governing body has adopted and effectively implemented, prior to commission of the models of organization and management required to prevent crimes similar to what occurred;
b) the task of overseeing the functioning and compliance models updating them and 'entity was entrusted to a body with independent powers of initiative and control
c) persons who committed the crime by fraudulently evading the models of organization and management;
d) there is' been omitted or insufficient supervision by the body referred to in subparagraph b) ( art. 6, Leg. 231/2001).
In relation to the extension of delegated powers and the risk of committing crimes, the models referred to in subparagraph a) of subsection 1, must meet the following requirements:
a) identify the activities' in which they can crimes to be committed;
b) specific protocols aimed at planning the formation and implementation of decisions of the institutions in relation to the crimes to be prevented;
c) identify ways' of managing financial resources in order to prevent the commission of crimes;
d) ensure that the information in the body in charge to monitor the operation and compliance with the models;
e) establish a disciplinary system to sanction non-compliance with measures specified in the model ( art. 6, paragraph 2, Leg. 231/2001).
models of organization and management can be adopted, ensuring the requirements of paragraph 2, on the basis of codes of conduct drawn up by the associations representing local, press the Ministry of Justice, in consultation with the appropriate ministries, can 'formulate, within thirty days, comments on the suitability' of the models to prevent crimes. ( art. 6, paragraph 3, law no. 231/2001). In small organizations the tasks specified in the letter b) of paragraph 1 may be carried out directly by the body ruling ( art. 6, paragraph 4, of Legislative Decree no. 231/2001). It 'still the confiscation of the profit that the institution has taken from the crime, even in the form equivalent to ( art. 6, paragraph 5, Legislative Decree no. 231/2001).
In regard to this discipline is necessary to make some clarifications. First, il legislatore ha utilizzato il termine “amministrativa” , tuttavia, sia i principi richiamati dalla suddetta legge, sia le sanzioni limitative della libertà personale, consentono di desumere che si tratti di una responsabilità penale . Ad avallare tale assunto l’ art. 34 , della norma in parola, che dispone, in questa materia, l’applicazione delle norme del codice di procedura penale.
Ai fini meramente civilistici è stata pronunciata, recentemente, una sentenza interessante dal Tribunale di Milano, il quale ha sancito la responsabilità aquiliana dell’amministratore delegato di un s.p.a. per mala gestio , because he had failed to adopt an organizational model appropriate to prevent crimes in place in the concrete situation (1) .
L ' art. 2392 cc , governs the liability of directors from the company, they must fulfill the duties imposed upon them by law and by statute with the diligence required by the nature of and their specific skills. It constitutes an obligation and not a result, the care that is required is the professional within the meaning of ' art. 1776, comma 2, cc (2) . They are jointly responsible to the company for damage caused by disregard of such duties, except in the case of attributions of the Executive Committee or functions specifically assigned to one or more directors.
In any case the Directors, subject to the provisions of the third paragraph of Article 2381, are jointly and severally liable if, being aware of prejudicial , they did what they could to prevent the perpetration or eliminate or mitigate the harmful consequences ( art. 2392, comma 2, cc ).
The responsibility for the acts or omissions of amministratori non si estende a quello tra essi che, essendo immune da colpa , abbia fatto annotare senza ritardo il suo dissenso nel libro delle adunanze e delle deliberazioni del consiglio, dandone immediata notizia per iscritto al presidente del collegio sindacale ( art. 2392, comma 3, c.c. ).


NOTE:

(1)    Trib. Milano, sez. VIII civ., 13 febbraio 2008, n. 1774, tratto da BATTISTI, Responsabilità civile degli amministratori per mancata adozione del Modello ex D.Lgs. 231/01 , in Compliance   Aziendale , http://www.complianceaziendale.com/2009/03/responsabilita-civile-degli.html

(2) GALGANO, Diritto commerciale. Le società. Zanichelli, Bologna, 2009, pg. 329

Friday, January 7, 2011

How To Hook Up Mpc To Mac

CD appoint an "Honorary Member"


the sitting of Thursday, December 30, 2010, the Board presented the 2010 financial statements to the Chairman of the Board of Auditors, Sharon Hinton, for completing the necessary procedures their submission to the shareholders for approval. In the same meeting, the Board of Directors, upon proposal of the President, has appointed Honorary Consultant "Mr. Joseph Giustolisi.
With his appointment as "Honorary Consultant, Mr. Giustolisi, will assist the Board of Directors.

Thursday, January 6, 2011

Humorous Wedding Invitation Contents

231/2001 Twenty-nine years after the l. April 14, 1982, No 164, entitled "Provisions relating to rectification of attribution of sex." Failure to comply with the sexual identity of the person transgender art. 2 of the Constitution



La persona transessuale è chi, pur essendo dotato di attributi sessuali primari solo maschili o solo femminili, non si considera appartenente al proprio sesso e si identifica nel sesso opposto, tendendo ad assumerne i caratteri fisici e sessuali, anche sottoponendosi a interventi chirurgici che rendano la trasformazione anatomica più completa possibile” (1) .
Nel nostro ordinamento giuridico la possibilità di rettificare l’attribuzione di sesso, da parte di soggetti in condizione transgender , si è avuta con la l. 14 aprile 1982, n. 164 . In precedenza non era permesso nemmeno il trattamento terapeutico volto alla conversione sessuale di un soggetto che non was recognized in her gender, unless they were hermaphrodites (2) .
Subjects transgender were stigmatized and ghettoized by the State, because they wanted to hide an uncomfortable reality, in a legal system where the rule of the forming religious (3) reigned supreme, and in this, do not There was a sharp distinction between morality and law.
Following strong protests from not only the world transgender but also of important cultural figures of certain political parties and especially thanks to power from the continuous stress on doctrine and jurisprudence of the legislature decided to crystallize the l. April 14, 1982, No 164 laying "Rules of rectification of attribution of sex" .
Shortly after the Constitutional Court with Judgement No. 161/1985 , was asked to rule on the constitutionality of Articles . 1 and 5 of that law with respect to Articles . 2, 3, 29 and 32 of the Constitution (4) . The Look considered unfounded the matter, since these articles allowed the full manifestation of human dignity, even in special and unusual. In addition, the Constitutional Court recognized the identity sexual ex art. 2 of the Constitution is not contrary to art. 5 cc .. In fact, the process of gender reassignment should be made on request to the court within the meaning of ' art. 3 of Law 164/1982 , this rule excludes the antigiuridicità and was likely to achieve well-being of transsexual ex art. 32 of the Constitution (5) . Finally, the Court held there is no conflict of l. 164/1982 with art. 29, 30 Constitution, in fact, the family can not be seen cause cell damage by the change of sex of the person who has engaged in medical intervention, because when changes sex of the person concerned takes place ex lege the dissolution of marriage (6) .
First, the correction of sex takes place under court ruling that res judicata attributed to a person other than the sex stated in the birth occurred as a result of changes in their sexual characters ( art. 1, l. 164/1982). The application for rectification of attribution of sex is brought to court with the place where she resides actor ( art. 2, l. 164/1982). The presiding judge shall appoint an investigating magistrate and a decree fixing the date for the discussion of the application and the deadline for notification to the spouse and children ( art. 2, para 2, l. 164/1982). At trial the prosecutor participates within the meaning of ' art. 70 c.pc. , obviously in these circumstances is apparent in the public interest ( art. 2, paragraph 3, l. 164/1982). When necessary, the investigating judge has to order the acquisition consultancy aimed at testing the psycho-sexual concerned ( art. 2, paragraph 4, l. 164/1982). With the ruling granting the request to correct attribution of sex, the court ordered the registrar of the municipality where the document was compiled of birth to make the correction in the appropriate register ( art. 2, paragraph 5, l. 164 / 1982 ).
The sentence of rectification of attribution of sex is not retroactive. It causes the dissolution of marriage or termination of the effects resulting from the civil registration of marriage celebrated with religious ritual ( art. 4, l. 164/1982). The legislature in this article has sought to protect both the spouse of the person transgender transsexual is the same, because since he has successfully completed the treatment aimed at changing the sex, it is presumed not to be more concerned iterating the duties of loyalty and moral support material provided in the interests of the family ex art. 143, comma 2, cc. The certificates of marital status related to the person who has been judicially corrected the attribution of sex are released with the sole indication of the new gender and name ( art. 5, l. 164/1982). This rule is intended to ensure the privacy transgender the person who, having failed to fulfill a long history of the case, is about to begin one, if difficult, new life and should not be seen affected their sexual identity ex Article . 2 of the Constitution. The acceptance of the application for rectification of attribution sex crimes lapses which may have resulted in medical and surgical treatment of the article above ( art. 7, l. 164/1982). The rule that has a function exonerating the doctor's conduct, the principle must be sought in the balancing of interests on the one hand the right to obtain the change of sex of transgender and transsexual the integrity of the other, of course, in accordance with the policy of non-contradiction of the legal system will not be deemed an illegal conduct that the legislature considers himself lawfully.
Article. 1 of l. April 14, 1982, No 164, provides that the correction can take place only after the changes occurred "sexual characteristics" . This raises doubts as to interpretation expression, as one must ask whether it is necessary to change sex in order to have it corrected. The answer is provided directly by art. 3, l. 164/1982, in fact the court, when necessary an adjustment of sexual characteristics to be achieved by medical and surgical treatment , authorizes a court decision. And the second paragraph of Article. 3, l. 164/1982, provides that in that case the court found the conduct of the treatment authorized, the correction has in closed session.
Therefore it is indestructible, the change of sex, obtained upon application to the court in order to arrive at the correct and in accordance with Art. 12 of preleggi. E 'own art. 3, para 2, l. 164/1982 which arouses the greatest contrasts with the transgender community as the legislature requires a person to change inexorably their bodies in order to obtain the allocation of sex rattificazione . However, because of the legal system forgets that there are other subjects transgender that do not require no treatment to enjoy their psycho-physical, but also deserve legal protection. The issue concerns the balance of interests within our society on the one hand there are people who would like to obtain a right that is, as has already been expressed by the Advisory, their sexual identity ex art. 2 of the Constitution, on the other the community behind a mask of respectability hides the fear of difference.
However, you may ask, what difference there might be for the legislature, including a transgender person wishing to make use of treatments aimed at change of sex and another person (who is also transgender) that does not feel the need. I believe that the distinction between the two circumstances do not exist, a legal secular democracy should respect the principle contained personal art. 2 of the Constitution and also remove the obstacles of not only economic but also social, which constrain the freedom and equality of citizens, prevent the full development of the human ex art. 3 of the Constitution.
A distance of twenty-nine years after entry into force of Law April 14, 1982, No 164, facing the back same problems of the legal, philosophical, moral, therefore, in the opinion of the writer, in a society like ours, where the evolution of customs runs at a frenetic pace for reform that will make it more consistent with the law of ' sexual identity of transgender people .

Notes:

(2) PEZZOLI, Law No 14 April 1982 164. Transsexualism. Theory and practice. , Chrysalis AzioneTrans non-profit organization, Livorno, 2006.

(3) SACCO, Introduction to Comparative Law, UTET, Torino, 1990

(4) Constitutional Court, May 6, 1985, No. 161, in Law Italiana , 1986, I, col. 806 ss in DI GANGI, Le nuove frontiere giuridiche della transessualità: brevi osservazioni comparatistiche. http://www.diritto.it/docs/26546-le-nuove-frontiere-giuridiche-della-transessualit-brevi-osservazioni-comparatistiche

(5)   Corte Cost., 6 maggio 1985, n° 161, in Giurisprudenza Italiana , 1986, I, col. 806 ss in DI GANGI, Le nuove frontiere giuridiche della transessualità: brevi osservazioni comparatistiche. http://www.diritto.it/docs/26546-le-nuove-frontiere-giuridiche-della-transessualit-brevi-osservazioni-comparatistiche

(6)   Corte Cost., 6 maggio 1985, n° 161, in Giurisprudenza Italiana , 1986, I, col. 806 ss in DI GANGI, Le nuove frontiere giuridiche della transessualità: brevi osservazioni comparatistiche. http://www.diritto.it/docs/26546-le-nuove-frontiere-giuridiche-della-transessualit-brevi-osservazioni-comparatistiche