#studio legale

[ictadmin]

Che cosa è il Diritto Civile: la struttura del codice civile

Quando ci troviamo di fronte ad un torto che richiede un risarcimento, come un incidente stradale, o una causa per un risarcimento professionale, ci rifacciamo alle normative del diritto civile. Ma che cosa è esattamente il diritto civile e come si struttura? Quali sono le tematiche che copre?

Il Codice Civile Italiano e i rapporti tra persone

Il diritto civile è quella branca del diritto dedicata all'analisi e alla regolazione dei vari aspetti della vita civile degli individui. È regolamentato negli oltre tremila articoli del codice civile dal 1942, e dalle leggi complementari emanate nel corso degli anni.

Il codice civile che, in Italia, regola questo tipo di diritto, si divide in sei libri. Ognuno di questi tratta di un particolare aspetto del diritto: diritto di famiglia, successioni, proprietà e diritti reali, obbligazioni e fatti illeciti, lavoro e diritto commerciale e societario, e, tutela dei diritti.

Persone e famiglia: il primo libro del Codice Civile

Il primo libro del codice civile tratta il diritto di famiglia.  Quindi troveremo indicazioni relative al diritto di famiglia, matrimoniale. Si fa riferimento alle disposizioni del codice in materia di adozioni (o per il riconoscimento di un figlio), infermità mentale, incapacità di agire e separazione coniugale. Anche il diritto della persona, delle associazioni e delle fondazioni sono disciplinati dal primo libro del codice civile.

Il secondo libro del Codice Civile: le successioni

Il secondo libro, invece, riguarda le successioni. In questo volume sono disciplinati i vari tipi di testamento (ad esempio il testamento olografo). Più in generale, questo tomo, tratta di aspetti delle successioni come i diritti di legittimità, la successione in difetto di testamento, l'istituzione degli eredi ed i legati.

Libro terzo sul diritto di proprietà ed altri diritti reali

Nel terzo libro del codice si tratta di argomenti quali i diritti reali. Per diritti reali si intendono quei diritti che forniscono al titolare un potere assoluto ed immediato su una cosa (ad esempio l'usufrutto, il diritto di superficie, o le servitù prediali). Nel libro viene regolamentata la differenza fra beni immobili e beni immobili, ed anche fornite le definizioni dei confini e le regole di diritto agrario.

Obbligazioni e contratti: libro quarto

Il quarto libro del codice disciplina il contratto e le obbligazioni. Si tratta di argomenti sempre attuali e importanti, perchè in questo rientrano anche i fatti illeciti ed i risarcimenti per malasanità. Nello stesso tratta anche la responsabilità “aquiliana”, ovvero responsabilità civile in caso di incidenti stradali o per danni causati da animali. Si tratta di un volume essenziale per una causa civile per risarcimento danni. Nel quarto libro viene anche trattata la successione dal lato attivo dell’obbligazione (come la surrogazione).

Quinto libro: lavoro, diritto societario e diritto commerciale

Il libro quinto tratta dei diritti dei lavoratori e del diritto commerciale: definisce l'azienda e la figura dell'imprenditore. Questo libro disciplina i rapporti di lavoro e il diritto societario, ad esempio, stabilisce l'iter per costituire una società di persone (una snc o società in nome collettivo) o una società di capitali (come ad esempio una srl - società a responsabilità limitata).

Il sesto libro sulla tutela dei diritti

L’ultimo libro è dedicato a questioni inerenti al diritto notarile, pubblicità immobiliare, iscrizione di ipoteche, trascrizioni e prove con riferimento al giudizio civile. Si tratta per lo più di temi specifici che riguarda gli operatori del diritto notarile. Comunque questo libro disciplina anche alcuni aspetti processuali importanti in materia di diritto civile come la prescrizione e la decadenza, fondamentali per valutare l’opportunità di intraprendere un’azione giudiziale.

La funzione dell'Avvocato Civilista

Come abbiamo visto, il diritto civile, è una materia complessa, suddivisa in differenti materie che richiedono un costante aggiornamento per garantire il migliore patrocinio. Quando si sceglie un avvocato civilista preparato a tutelare i nostri diritti, occorre valutare le sue competenze per migliorare le possibilità di successo della vostra causa.

[reasonsforhope]

Federal regulators on Tuesday [April 23, 2024] enacted a nationwide ban on new noncompete agreements, which keep millions of Americans — from minimum-wage earners to CEOs — from switching jobs within their industries.

The Federal Trade Commission on Tuesday afternoon voted 3-to-2 to approve the new rule, which will ban noncompetes for all workers when the regulations take effect in 120 days [So, the ban starts in early September, 2024!]. For senior executives, existing noncompetes can remain in force. For all other employees, existing noncompetes are not enforceable.

[That's right: if you're currently under a noncompete agreement, it's completely invalid as of September 2024! You're free!!]

The antitrust and consumer protection agency heard from thousands of people who said they had been harmed by noncompetes, illustrating how the agreements are "robbing people of their economic liberty," FTC Chair Lina Khan said. 

The FTC commissioners voted along party lines, with its two Republicans arguing the agency lacked the jurisdiction to enact the rule and that such moves should be made in Congress...

Why it matters

The new rule could impact tens of millions of workers, said Heidi Shierholz, a labor economist and president of the Economic Policy Institute, a left-leaning think tank. 

"For nonunion workers, the only leverage they have is their ability to quit their job," Shierholz told CBS MoneyWatch. "Noncompetes don't just stop you from taking a job — they stop you from starting your own business."

Since proposing the new rule, the FTC has received more than 26,000 public comments on the regulations. The final rule adopted "would generally prevent most employers from using noncompete clauses," the FTC said in a statement.

The agency's action comes more than two years after President Biden directed the agency to "curtail the unfair use" of noncompetes, under which employees effectively sign away future work opportunities in their industry as a condition of keeping their current job. The president's executive order urged the FTC to target such labor restrictions and others that improperly constrain employees from seeking work.

"The freedom to change jobs is core to economic liberty and to a competitive, thriving economy," Khan said in a statement making the case for axing noncompetes. "Noncompetes block workers from freely switching jobs, depriving them of higher wages and better working conditions, and depriving businesses of a talent pool that they need to build and expand."

Real-life consequences

In laying out its rationale for banishing noncompetes from the labor landscape, the FTC offered real-life examples of how the agreements can hurt workers.

In one case, a single father earned about $11 an hour as a security guard for a Florida firm, but resigned a few weeks after taking the job when his child care fell through. Months later, he took a job as a security guard at a bank, making nearly $15 an hour. But the bank terminated his employment after receiving a letter from the man's prior employer stating he had signed a two-year noncompete.

In another example, a factory manager at a textile company saw his paycheck dry up after the 2008 financial crisis. A rival textile company offered him a better job and a big raise, but his noncompete blocked him from taking it, according to the FTC. A subsequent legal battle took three years, wiping out his savings. 

-via CBS Moneywatch, April 24, 2024

--

Note:

A lot of people think that noncompete agreements are only a white-collar issue, but they absolutely affect blue-collar workers too, as you can see from the security guard anecdote.

In fact, one in six food and service workers are bound by noncompete agreements. That's right - one in six food workers can't leave Burger King to work for Wendy's [hypothetical example], in the name of "trade secrets." (x, x, x)

Noncompete agreements also restrict workers in industries from tech and video games to neighborhood yoga studios. "The White House estimates that tens of millions of workers are subject to noncompete agreements, even in states like California where they're banned." (x, x, x)

The FTC estimates that the ban will lead to "the creation of 8,500 new businesses annually, an average annual pay increase of $524 for workers, lower health care costs, and as many as 29,000 more patents each year for the next decade." (x)

Clearer explanation of noncompete agreements below the cut.

Noncompete agreements can restrict workers from leaving for a better job or starting their own business.

Noncompetes often effectively coerce workers into staying in jobs they want to leave, and even force them to leave a profession or relocate.

Noncompetes can prevent workers from accepting higher-paying jobs, and even curtail the pay of workers not subject to them directly.

Of the more than 26,000 comments received by the FTC, more than 25,000 supported banning noncompetes. 

[spicy-apple-pie]

Adopted Damian AU :3

Yall remember that comic I was talking about a while ago... here it is!!! (spoilers if you click on the link ig????)

(@jasontoddispoly I hope you're happy, look what you made me do)

Chapter Index

[dipstick-university]

DOJ + 16 STATES HAVE FILED AN ANTI-TRUST CASE AGAINST APPLE

plz plz plz go check out the case, it's got straightforward language while still going for blood. i'm too excited so im having a hard time finding the best example, but below spells out how much of a cut they've taken with zero repercussions:

heres how apple has managed to make everyone else look like shit by put shit-covered glasses on its users, many of whom are teens (who wouldnt know shit glasses exist in the first place!)

here it talks about how little they want to spend on their consumers

this entire document sounds like a passive aggressive grampa

overall 10/10, recommended reading material.

[rorotoru]

2015 - 2024

The official Wii U and 3DS servers are currently shutting down. See you soon on fan servers :)

[carnivalcarriondiscarded]

a surprise reboot of the show!

que the puppets fleeing while a heavy working crew fuckin snatches everyone up in nets to clean the place us

"should we muzzle sally?"

"she fuckin bit me!"

"doesnt answer the question"

"wally stole my wallet!"

"hes legally allowed to, travis."

yk what i'd really wanna see is how they wrangle the massive dog & the equally tall four-armed caterpillar. Wally would get netted and Barnaby would appear behind the person, about to ruin their entire career

[sharptoothed-gaze]

I almost feel like the Union is vague posting about creators with the wording of their last statement in some areas. Like,, please just say what creators are saying these things and what they have said that is encouraging harassment.

If that sort of statement is legally acceptable, then just go for it. Quackity is being very quite on many aspects of this case and he says it is for legality. I don’t know the ins and outs of US law so maybe some of that is bullshit. Maybe he can be open about much more. I would appreciate if the Union, was in turn, also open about their statements if that is the case. If the law allows for more open speech then damn! I would appreciate more of it please.

Quackity hasn’t mentioned any streamers outside of himself and I don’t think he has ever said past admins are the ones causing his harassment. (If that is wrong I would like to know it.)

Also if there are creators specifically causing harm to the Union’s clients, like they seem to be implying, I would also like to know that.

[hezuart]

What do you think of the newly revealed casting in Hazbin Hotel?

So right off the bat, just gonna say replacing all the indie VA's with bigger name broadway stars is a very Vivzie thing to do. It's not Chris Pratt as Mario levels of upsetting, but its still very unfortunate, especially considering that most of the new VA's sound... extremely close to what the previous VA's were going for in the pilot. So the replacement seems a bit sore or unnecessary. I've been told several times by my voice acting friend that this isn't an issue of Union Contracts, but an issue of replacements in favor of more famous talents and burned bridges amongst staff with Viv. Which, you know, if the VAs did undergo unfair treatment of any kind and didn't care leaving the project then kudos to them, but if its not the case for all of them and they were booted off without warning, I'd probably be hurt too.

But I'll be honest in saying Erika, Charlie's new VA is a better singer than the pilot singer. The pilot singer's voice was a little too high pitched, but it could have also been the fast high key song that made it difficult.

Vaggie's VA Stephanie voiced Mirabel from Encanto. Again sounds pretty close to the original VA, just maybe a pinch deeper.

Angel's VA is a bit more nasally and croaky? But only by a little.

Alastor's VA doesn't have as thick of an accent as Bosco gave him, but again, its very subtle. Husk's new VA on the other hand is straight up Keith David. Cat from Coraline and the Witch Doctor from Princess and the Frog. Husk sounded like a deeper more dead inside Rick Sanchez in the pilot but now he's gonna sound like a... suave jazz singer???? which is a very different take on his character.

Niffty's VA Kimiko is straight up Peni from Spiderverse. I think Viv said she imagined Niffty was half Japanese and from the 50s (Japanese Concentration camps ended in 1946??? I feel like that should effect Niffty's history) Her original VA wasn't Japanese, but she was bilingual and was an Japanese exchange student. So one could make the argument, that is to say if Niffty's Japanese heritage is actually going to be legitimately utilized, that Niffty got a new VA to prevent white washing. But I'm not one to representatively speak on a topic like that.

Alex Brightman is already the VA for Fizzarolli from Helluva Boss, so him as Sir Pentious makes sense. But I think Stamper the original VA already had a really good voice for that character. Perfectly quirky and evil.

So really I feel like maybe one or two characters have significant voice changes while the rest sound almost exactly as they did in the pilot. They are indeed very good VA's and singers, I'm excited they got this opportunity and I'm excited to see what they bring to Hazbin. On the other hand I just feel so awful for the indie VA's that got replaced because they're not famous broadway singers.

Like that's kind of the whole point of being Indie? Not being a big, major, famous company? Not having big major famous people?

But well, Hazbin Hotel was sold to A24 so... they're certainly not indie anymore.

[dailyhatsune]

Miku aranara? (Like from genshin)

korok.

[backfromtwitterforw]

There's legal silence where you keep sensitive information to yourself. And there's silence where you don't even say "please be patient we'll update you in time, we're actually talking to the union/the admins/the intern team". For us viewers, we don't need to know more than to have the assurance that things are being taking care of. We don't need to be repeated the exact same info I différent words over and over again.

There's silence with your team where you want to be careful with your wording. And there's silence with your team where you keep them completely in the dark about their future, not even saying what they just need to hear: "sorry about how things turned out, we have no certainty in either taking you back or not, right now our priority is financial stability, we cannot tell you our différent options so far, but we'll update you when and if we can afford to take you back".

There's silence where you ask for discretion because you will not be able to keep that many people in the team and don't want leaks about what branches are kept and which one will close, then announcing to a whole group of admins that they'll be let out of the project starting this or this day. And there's silence where you warn a lot of twitter update admins that they won't be in the project starting immediately through discord and closing said discours before everyone had even a chance to read it.

There's silence where you're afraid of leaks and there's silence where you don't treat people working for you with respect.

[spicy-apple-pie]

I- listen I really can't defend myself I saw an edit of martha wayne joker, blacked out for the sheer girlboss of it all, and woke up with this on my screen.

[phoenixlionme]

Team Pink!

[kurgy]

no fucking joke getting hit by a car and offered a $1000 compensation has like. god okay i use my paycheck for "rent" and bills around the 1st of every month, and whatever remains (usually around 150-200 or so) to last the month which includes things like groceries, medications, travel fees, and appointment fees. i am always broke by the middle of the month. with an extra 1000 after using my paycheck on rent/bills i am currently: repairing my glasses, i now have the gift of sight. set an appointment for my GED test bc i now have the extra $100 to pay for it and the money for transportation to get there. im getting Mickey a bigger crate, as he currently uses Arlo's and she was much smaller than him. bought a binder, and paid off the last of some dental debt. this is the most financial relief ive ever felt in my fucking life. i need to get hit by cars more often its easier than getting job interviews

[mocharaycookie]

everyone should draw ridiculous f/o crossovers this is fun as hell

[sylvrndoodles]

( ง •̀ᴗ•́)ง!

[fullmetalowlchemist]

a try at minimalist (or minim-owl-ist?) art!