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The paternal and maternal attribution can be achieved by any means ...; the declaration by the mother and the existence of relationships between the mother and the supposed father at the moment of conception are not sufficient for paternal attribution.
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"For our system, those who are conceived outside of marriage and have not been registered with the mother. act of birth by one of the consorts, can take a proceeding before the court to obtain the attribution of the offspring, which under Article 277 of the Civil Code, determines such attribution.
Thus, the judicial procedure differs over the years of the offspring:
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if the children are of age the paternal and / or maternal attribution takes place in front of the ordinary Judge, if the children are minors, everything happens before the Judge of the Minors, also in the latter case, the art. 273 of the Civil Code assigns the work to the person who possesses authority over the minor, therefore the mother or the father, or a guardian who will be arranged by the responsible judge before proceeding in the judicial field.
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Constitutional Court 2006: an innovative legal procedure. In this important area is the provision of the Constitutional Court, which has expressed the desire for change in the procedure for the attribution of paternal judicial: it refers to the pronunciation n. 50 of 10 February 2006, with which the Court has rendered the art. 274 of the Italian Civil Code, in which the principle of attribution was submitted to the preliminary assessment of an admissibility procedure.
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Before proceeding with proceedings against the father or mother, the interested party had to resort to a prior assessment of the deliberation, by which the judicial authority succeeded in highlighting and ascertaining the existence of evidence that motivated the procedure, such as witnesses, the existence of a relationship of the couple from which the child was born.
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A similar procedure was carried out in the council chamber and without any publicity action, and the judge s decision could be challenged and the decision of the Court of Appeal could be found in Co. In this regard, the DNA verification proposal was submitted by the interested party to verify the paternal attribution.
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Also, there must also be the consent of the minor if he has reached the age of sixteen, and the cause can be taken at any time and even after many years have passed since birth.
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It was, however, very long and difficult and also very expensive judicial procedures.
Precisely for these reasons the Constitutional Court with the final procedure n. 50/2006, has shortened the paternal attribution, giving the person concerned the possibility to proceed immediately to their assignment requests and to sue the probable father for recognition in the Court, through the request of DNA.
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The time has therefore come to highlight the fundamental importance of a legal innovation in this sense with which a legal institution has been modernized, which by now did not go hand in hand with the development of today s society.
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In the field of labor law, however, there is the presence of a very varied legal framework, whose purpose is to provide protection and legal support, in various sectors, to the weaker subject of the employment relationship, ie the employee, or other people in need of legal defense.
The labor law is divided into: trade union, labor and social security law.
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The union involves the union position in the legal system, the signing of the collective agreement, the right to strike and that of attending meetings, and so on.
The working one concerns the duties and rights of the employee and his employer, such as the right to pay, the right to leave, to the weekly rest, and so on.
On the other hand, that of social security concerns the protection and legal assistance of employees who are in situations of extreme difficulty relating to circumstances that have led to impairment of work capacity, such as accidents at work, disability, inactivity, old age, lack of work , compulsory social insurance premiums.
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Many situations lead to disputes of a working nature: an incorrect transfer, dismissal without just cause, the de-qualification of their duties, the lack of identification of a higher level, incorrect behavior such as mobbing, undeclared work, differences in pay and area In these cases and in others, the employee must undertake a judicial process before the Court to protect his right and his legitimacy of work, for this it may be useful the legal defense of an expert lawyer also in the reconciliation phase. Business Process.
The labor disputes are entrusted to the Labor Court, while no task is attributed to the Justice of the Peace. The "labor process", foreseen by the Law of 11 August 1973 n. 533, differs from the ordinary verification, this was the objective of the law, to refer to the principles of orality, immediacy, concentration, which allow (or should allow, that the disputes are resolved more quickly. it is also characterized by very strict and rigorous regulations, to circumvent the possibility of possible judicial referrals in a particularly sensitive sector, where it is necessary that the dispute be terminated swiftly.
Therefore, before the trial, one must endeavor to ways of resolving the dispute with a reconciliation in front of a provincial commission of the provincial commission of labor (Article 410 of the Code of Civil Procedure), after which the process opens at the judicial level, if the effort of reconciliation has not been successful; the competent judge may interrupt the procedure to ensure that the parties concerned resolve the dispute through genuine reconciliation ne (Article 412 bis of the Code of Civil Procedure).
Article 28 of the Workers Statute. Reference to the procedure for the abolition of anti-union conduct, governed by art. 28 L. 20.05.1970 n. 300 of the Workers Statute. It is a procedure that the worker can undertake if the "employer adopts behaviors that impede or circumscribe the freedom and the trade union activity, as well as the right to strike".
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The employee can, therefore, file a lawsuit to claim his rights concerning the right to strike, the violations at the union level, the right to participate in the meetings and the dismissal of an MSW worker.
The procedure pursuant to art. 28 of the Workers Statute differs in that it is a generic, immediate procedure, whose purpose is to restore the status quo ante quickly; This procedure can be implemented by the local institutes of the confederations which have national value and which are involved in such a sector, while the recognition of the individual worker who may individually undertake the procedure before ordinary bodies is not allowed.
Law 1 is a lawyer who received in October 2010 the level of "Professional Peacekeeper" ordered by the Lodo Arbitrale Institute, a training institute recognized by the Ministry of Justice. Since 2011 it is registered in the registers of the intermediators who are authorized by the Regimentation Body of the Order of Lawyers of the city of mm.
Explanation of the legislation governing such an intermediary institution. With the Delegated Law of 18 June 2009 n. 60 the Parliament established the appointment of the Government to prepare the rules of intermediation and reconciliation in civil and commercial disputes, in compliance with Community regulations.
In this way, with the law of 4 March 2010 n. 28, the Government has established such disciplinary regulations defining the boundaries, the access rules and the various procedures in this regard. Ultimately, the law, starting from March 2011, has established the obligation to refer to intermediation for civil and commercial disputes, as a person in dispute has the obligation to rely on a real intermediation, before proceed before the court, to try to resolve such a dispute outside the Court. Application areas and their explanation.
At this point it is necessary to clarify what is meant by the action of intermediation and what are its purposes. Article. 1 letter a) of the legislative decree n. 28 states that intermediation is:
"The activity carried out by a third party that occupies an impartial and neutral position to support two or more subjects and to reach an amicable agreement even in a situation of dispute, finally, for the formulation of opinions that lead to the resolution of the same controversy ".
Intermediation is then a negotiation carried out in front of and with the subsidy of a third party occupying a position of impartiality and neutrality, whose task is to understand and recognize the interests of the parties involved to reach a friendly agreement that they can benefit from. both, circumventing judicial actions and wishing the possibility of establishing better relations of future collaboration.