Litigation & Arbitration – April 2016
The going concern as a criterion to determine the value of shares in case of withdrawal
It is possible for the by-law to provide that the equity capital, which is mentioned by article 2437-ter, second paragraph, of the Civil Code for the purpose of liquidation of shares in case of withdrawal (but also, in case of mortis causa pre-emption right, because of the statement of the article 2355-bis, third paragraph of the Civil Code) is assessed pursuant to the criterion which consider the use of assets on the going concern perspective.
Damage for disabled life, wrongful birth and wrongful life: initial notes in the margin of decision no. 25767 of 22 december 2015 of the supreme court sitting en banc
Long-awaited decision no. 25767 of 2015 of the Supreme Court of Cassation sitting en banc faced and resolved two significant jurisprudential conflicts arisen with regard to compensation claims for medical liability, clarifying the principles of the burden of proof incumbent on professionals, as well as the impossibility to acknowledge infants’ autonomous right to sue for damages by virtue of the claimed right not to be born unless healthy.
Right to be forgotten, right to reputation and privacy: comment to the decision no. 23771/2015 of the civil court of Rome
On December 3, 2015 the Civil Court of Rome, rendered one of the first Italian rulings following the well-known “Google Spain” judgment of the European Court of Justice in relation to the “right to be forgotten”.