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This procedure, which is still being tested, being born only in 2009, is generally adoptable if the cause, due to the type of verification it requires, can be resolved after a quick and easy preliminary investigation function, aimed at finishing quickly.
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This may happen if the judicial body has to clarify a legal problem that does not require educational functions, or if the case is resolved based on elaborate documentation, therefore without the need to listen to countless depositions on shares whose truthfulness has yet to be verified, or, also, if the dispute can be clarified with the only mandatory technical support, that is with a verification by an expert who helps the magistrate to clarify practical problems of not extreme difficulty or, again, for the verification of actions suffice listening to a few observers who can be consulted in a single judicial session.
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Regarding this, some critics have also indicated the possibility that the subjects in question should bring their observers in no uncertain terms to the first session, to be in case heard by the magistrate, without delay and in a rapid manner, as the general procedure prescribes.
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The condominium structure is a building with a set of houses, owned by different subjects, where the surface, on which the structure rises, the main walls, the roofs, the stairways and generally all the elements reserved for collective use are of ownership of all individual condominiums.
This generates a case of forced co-ownership, to which the owners of each house can not fail, and this circumstance inevitably leads to disputes and diatribes also for actions that apparently are useless and worthless, but that over time can compromise the tranquility of individual inhabitants and damage the quiet cohabitation.
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From a recent research carried out by Censis it seems that in our country there are at least 800,000 civil cases for condominium issues: the problems that push individuals to sue the condominium before the judicial body are the most diverse, from annoying clamor and introductions of any kind, to the use of collective spaces, from green spaces to the dripping of loose clothes and so on, the list could last for a long time, without mentioning those actions that spring to the news for their drama and atrocity.
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Recurring issues regarding condominium life. The regulation of community and condominium life is included above all in the civil code, by art. 1100 to the art. 1139, which explicitly applies general communal provisions to condominium issues.
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The code establishes indispensable rules aimed at regulating collective life, but it certainly does not enumerate or regulate all the concrete cases that may take place; on this it compensates the jurisprudential doctrine of both substance and conformity, that is, the verdicts of the judicial bodies of the forums and of the Court of Co, which in each case adopt the provisions of the code that best suit it.
Often the condominium regulations that, in implementation of the private self-management permitted by the legislation, improve the laws and fix clear limitations or interdictions, with the aim of protecting the collective claims as a precautionary measure by partially debasing the individual right.
For example, it is not unusual to find in some condominium regulations the prohibition to its inhabitants to spread clothes from the openings, terraces, or the prohibition to own animals in the house, or even the prohibition to exhibit promotional posters or banners outside the building. Lun66, with the aim of evading the emergence of disputes or debates at least on the aforementioned problems: many times however even if there are manifest rules on the subject, the controversy arises and so is the intervention of the judicial body (and the legal) .
The family right on the objective level is that field of civil law that regulates family relations in their most general sense, dealing with issues concerning relations between spouses, children, adoptive procedures and also relations between relatives and kindred. Separation and Divorce.