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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.

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.

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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

you

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

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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

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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.

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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:

(1) Great Italian Dictionary Hoepli http://dizionari.hoepli.it/ Dizionario_Italiano / word / transessuale.aspx? Idd = 1 & Query = & letter = T transsexual

(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

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The illegality of prostitution contract. Orientation of teaching critical thinking and the cases consolidated.

Il commercio delle prestazioni sessuali è un theme that always raises the scandal, although it is "the oldest profession in the world" critical discussion of this phenomenon always involves a number of problems since, not infrequently, they tend to hide the head in front of circumstances that are highly stratified in our society and that should be resolved in an appropriate way.

The phenomenon was expressly governed by l. February 20, 1958, No 75 laying " Abolition of regulation of prostitution and the fight against the exploitation of prostitution," the so-called Merlin Law .

Il legislatore ha voluto porre fine allo sfruttamento della prostituzione da parte individui intenti a commercializzare le prestazioni sessuali di esseri umani al fine di trarre profitti. Nella fattispecie, la norma in parola, va a sanzionare, sotto un profilo penale, il lenone ( ruffiano, vulgo ), ovvero colui che vive dei proventi realizzati da soggetti che sono, da lui, indotti a prostituirsi a scopo di lucro.

Tali soggetti destano notevole disgusto, giacché, sfruttando l’opera di poveri esseri umani, vivono del danaro, da essi ricavato dal commercio delle prestazioni sessuali (1) .

La ratio della suddetta Law is to guarantee the liberty of a prostitute or his dignity, and prevent others, by coercion, to enjoy the income from such activity made it (2) .

In the event that a woman (or man) wants to market their sexual performance, as part of your home, without suffering the exploitation of third parties, the Supreme Court held that the offense is not (3) . This is in keeping not only the law and case law, but also to the preparations for the l. February 20, 1958, No 75 (4) .

From a purely statutory question whether it is possible the meretricious contract concluded between the prostitute and the customer is legitimate. The answer, according to the doctrine is obviously not major (5) . Authoritative doctrine considers that this legal transaction is contrary to morality , and that justification, we should derive directly from Roman law (6) . Another part of the doctrine considers that the pact with the prostitute detriment, obviously, the morality, defining the latter as "that set of rules of social conduct, the violation is considered scandalous and immoral by the general sister of " (7).

Other authors, in line with this guidance, stated that " tolerance of prostitution does not imply legal protection of it through the recognition of the civic value of the contracts which concern him" (...) "the lack public criminal sanction is, therefore, as a counterweight to balance the statutory scheme of nullity of contracts prostitution "(8).

The case law has always held the contract for prostitution void, because contrary to public morality and that void can be detected in every state office del processo (9) .

Dopo avere presentato l’orientamento consolidato, riguardante il tema in parola, nel nostro ordinamento giuridico, vorrei analizzare in maniera critica la suddetta disciplina avanzando alcune obiezioni.

Il legislatore all’ art. 1418 c.c. stabilisce che il contratto è nullo quando è contrario a norme imperative, salvo che la legge disponga diversamente. Come ho già avuto modo di ricordare, il legislatore non considera penalmente sanzionabile il contratto di meretricio, di conseguenza considerarlo illecito condurrebbe ad elidere il principio nullum crimen sine lege ai sensi dell’ art. 25, comma 2, Cost.(10) .

Producono nullità del contratto la mancanza di uno dei requisiti indicati dall’articolo 1325, 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. ).

Questa disposizione, arriva al cuore del problema, giacché giurisprudenza e dottrina ad unanimità ritengono nullo il contratto, in quanto contrario al buon costume.

Peculiare fu il caso di una prostituta che a seguito di un sinistro stradale, che had caused damage by preventing it from working, asked the injurer injury resulting from the liquidation period of inactivity by the profession. In this case, the Supreme Court held that the contract of prostitution, although considered permissible by law, will be null and void, because contrary to morality, and, consequently, the relations arising therefrom shall not obtain legal protection for the illegality of the proceedings art. 1343 cc (11) .

The bone of contention concerns the legal definition you want to give to morality, it can be defined as "the body of ethical rules not formalized pregiuridiche" (12) .

This concept must be established, modified and extinguished by the company in constant evolution. Only subsidiaries, as part of their interactions can actually define the area of \u200b\u200b boni mores. To me it seems hypocritical that you consider the contract void for illegality of prostitution of the case, when the state declares that this transaction is to be subject to tax ex art. Cost 53. On account of ability to pay the prostitute / o.

Consolidated Moving orientation, which considers the contract void of prostitution, as opposed to morality do not understand why other legal transactions, similar to it, are regarded as legitimate. Consider, for example covenant with the operator of the nightclub , it relates to the performance of dancers / s that is laid bare in return for money. Obviously, the custom has it that there are limits to look, in fact, often, the shows in place by the dancers (as well as their male colleagues) of lap dance culminating in explicit sex acts with clients.

It 'clear that the problem is tackled in two ways, first (contract of prostitution), the Court accepts a moralizing approach, imposing the nullity of the transaction, the other (contract concerning the performance of lap dance ) considers this agreement as a interest worthy of protection under the laws (Article . 1321, comma 2, cc ) .

The Rother was one of the first professors at deny that the contract of prostitution was contrary to boni mores , believing that the promise of a sum of money, subject to a sexual performance should be considered lawful (13) .

In the opinion of the writer, the person who, individually , freely and without coercion , wants to market their sexual performance, you need to do, enjoying the tools of private law, since it is the same art. 2 of the Constitution which allows freedom manifestation of the human personality.

The principle contained in that article, a hypothesis is open where you can recognize new values \u200b\u200bthat emerge from society and its evolving jurisprudence should bear this burden.

NOTE:

(1)   ANTOLISEI, Manuale di diritto penale. Parte speciale vol. I , Giuffrè, Milano, 2008, pg. 571

(2)   Cass. pen., 9 novembre 2004, in Guida dir. 2005, 17, 76, con nota di GALDIERI

(3)   Cass. pen., 25 maggio 1969, in Giust. pen. 1970, II, 445, 1012

(4) Antolisei, Handbook of criminal law. Special Section vol. The , Giuffrè, Milan, 2008, pg. 579

(5) Trimarchi, Private Law, Giuffrè, Milano, 2007, pg. 204; SACCO, DE NOVA, Il contract. Second volume, UTET, Torino, 2004, pg. 70

(6) SACCO, DE NOVA, the contract. According Volume , UTET, Torino, 2004, pg. 69

(7)   TRIMARCHI, Istituzioni di diritto privato , Giuffrè, Milano, 2007, pg. 204

(8)   DE CUPIS, Irrilevanza di atti e sanzioni di diritto pubblico nella sfera del diritto privato , in Foro it. , 1951, IV, cit., 145 ss.

(9)   App. Milano, 26 marzo 1954, mass. in FP 1954, II, 22

(10)      FIANDACA-MUSCO, Diritto penale, Parte generale, Zanichelli editore, Bologna, 2009

(11)       Cass. civ., 1 agosto 1986, n. 4927, FI , 1987, I, 493

(12)    SACCO, DE NOVA, Il contratto. Secondo tomo , Utet, Torino, 2004, pg. 66

(13) ROTHER, Sittenwidriges Rechtsgeschäft und sexuelle Liberalisierung , Arch Civ. priv. 1972, 498

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