The biological damage , the moral and the dynamic - relational otherwise be described as " existential " prejudices are not ontologically different and all recoverable assets . However, although it is not permissible , in our system, the separate category of " existential damage " , what matters , for compensation purposes , that is , where occurred prejudices arising from injury to the interests of the person with constitutional status , or arising made - from crime , they are already the subject of appreciation and the payment by the trial judge , noting that nothing in the latter liquids them under the heading of non-pecuniary damage them or retract according to the tradition passed under the label " existential damage " .
The injunction order is governed by Articles . 633 ff. Code of Civil Procedure
You can request an injunction only for particular types of rights and not for everyone and can be obtained by:
a) by the creditor of a sum of money liquid ,
b ) by the creditor of a certain quantity of fungible things ,
c ) by a person entitled to delivery of a movable determined.
Court of Cassation - Joint Sections civilians - Judgment of 13 November 2013 n . 25454
To identify the area for parking, that the concession deed that is binding on the manufacturer. So when there is a mismatch between the piling and the building permit the latter prevails. This was established by the Supreme Court in its judgment 25454/2013.
Court of Cassation, Civil Section 2 , Sentence May 8, 2013 , n . 10893 - Maximum editorial - Real estate contracts - private contract - ruin and defect properties of things - the contractor's liability - liability action pursuant to art. 1669 cod. civ . - Non-contractual nature - such remedies against the manufacturer seller from buyers - term annual decline
Court of Cassation, Section 3 Civil Judgment of 16 May 2013, n. 11950 - maximum - Damages - equity and non-pecuniary (moral damages) - biological damage - cosmetic damage - independent right to compensation for the latter - exclusion - reasons.