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In the last hypothesis, the art. 273 Civil Code assigns the endorsement to operate to the subject that holds the faculty on the minor, which can be the mother, the father, or even a responsible: the latter must however be authorized by the judge in charge of protection before operating at judicial level . Moreover, the action is connected to the consent of the minor if he turned 16; and on the other hand it is imprescriptible, that is to say that it can be sustained at any time and even after several years since birth, since the legislation does not set any deadline for operating at the judicial level. Constitutional Court 2006: a jurisdictional measure of innovation.
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In this context, a fundamental provision of the Constitutional Court must be highlighted, which marked a change of direction in the procedure for judicial recognition of paternal belonging: this refers to sentence no. 50 of 10 February 2006, with which the Court ratified the unconstitutionality of art. 274 of the Italian Civil Code, which submitted the action of judicial membership to the preliminary evidence of an admissibility procedure.
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In short, before proceeding with a provision against the father or mother, the subject concerned had to resort to a preliminary assessment of the assignment, through which, with a general and secret examination, the judge had to establish and determine the presence of evidence in a way to justify the provision (for example, it was necessary to ascertain, even with testimonies, the presence of a link between the two comrades from which the child was probably born).
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Such a provision took place in the council chamber and the general investigation had to take place without any publicity and to be secret; against the decision of the judge could be challenged in appeal and against the decision of the Court of Appeal could be challenged in co and only after this process, which lasted several years, the person concerned could proceed with the judicial procedure asking to ascertain the paternal belonging through haematological tests or DNA, an assessment that really is the only one that is required in the trial of merit.
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Such lengthy investigations in effect obliged the subject concerned to a prolonged and costly judicial campaign, and only after a long time did he obtain a provision on his father s membership. Following the action of the Constitutional Court with the definitive provision n. 50/2006, the process to ascertain the paternal affiliation becomes shorter: it allows the subject concerned the opportunity to immediately move their requests and to immediately call the possible father in order to recognize the child s status natural, through the request of DNA, as a fundamental test.
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Those working in this field can not but ascertain the extraordinary importance of such a decision, which was supported by legal experts as a fundamental revolution that has modernized an institution that, developed in a past historical period, was no longer in agreement with a advanced and innovative society.
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The application of labor law, generally supported, provides for a very multi-faceted regulation, which aims to offer defense, in various areas, to the most fragile subject of the working relationship, ie the employee, or to other individuals who need to be protected .
The application of labor law is divided into: application of trade union law, application of labor law and social security law.
The application of trade union law is connected to the union position in legislation, collective bargaining, the right to strike and the right to meet in assembly and so on.
The application of labor law governs the reciprocal rights and obligations of the employee and his employer such as the right to salary, leave, weekly break and so on.
The application of social security law, on the other hand, provides for the defense of workers who find themselves in difficult conditions linked to circumstances that are detrimental to their work capacity, such as accidents, illness, incapacity, senility, lack of work, compulsory social insurance premiums.
There are many circumstances that lead to a labor dispute: from a non-welcome displacement to exoneration without right reason or determined cause, or even a de-skilling of tasks, the absence of identification of a higher degree, the conduct that harm the person through phenomena of mobbing, black jobs, pay diversities and so on.