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28/06/2018
Litigation & Arbitration
The liability of Internet hosting providers for content published by third parties: the Wikipedia case
Judgment No. 1065 of 19 February 2018 of the Court of Appeals of Rome deserves special mention for being one of the few judgements dealing with the topic of Internet hosting provider liability for online publication of news and information that is defamatory as being detrimental to honour and rep...
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Litigation & Arbitration
Creditor’s clawback action against the family trust. Is the family trust slowly fading?
With the final judgement no. 3641/2018 the Italian Supreme Court has ruled on the creditor’s right to undertake the clawback action against a family trust, which had been established by one of the defendants (the husband) directly on his property and on the duty to summon also the debtor’ s c...
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(Court of Rome, Specialist Business Division, 6 February 2017)
Litigation & Arbitration
The quota-holder of a limited liability company (“s.r.l.”) can effectively exercise its right of option on the capital increase by offsetting the relevant debt with his eventual credit towards the company which is subordinated pursuant to art. 2467 of the Italian civil code?
The Business Division of the Court of Rome, addressing – from what we can gather, for the first time – a topic little explored also among the Scholars, recently excluded that the quota-holder of a limited liability company (“s.r.l.”) can effectively exercise its right of option on the...
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11/06/2018
Contributions from Nctm Offices Around the World
Shipping & Transport Bulletin June-July 2018
Portuguese tonnage tax and seafarer scheme On 6 April 2018, the Commission approved two measures for the purpose of encouraging ship registration in Europe and contributing to the competitiveness of maritime transportation. According to the newly introduced Portuguese tonnage tax scheme,...
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Delegation of functions and 231 Models: crucial instruments for port-related companies also for environmental purposes
In the last issue of our newsletter, we emphasised the importance of adopting an organisational model in accordance with Italian Legislative Decree 231/2001 to prevent serious liability being incurred – by both employers and businesses –  in respect of health and workplace safety. Sim...
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