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Kyoto and Nara Tokyo

Our second stop brings us to Japan in Kyoto and Nara.

can easily be reached from Tokyo to Kyoto with about two and half hours by fast train. The city, home of Nintendo, is full of temples and has a large part of the UNESCO world heritage site in the country.
The climate is slightly colder than in Tokyo as the city is surrounded by mountains. This allowed us to spend a day visiting the temples in the snow, which is very suggestive.
So many things to see but definitely suggest a visit to Nijo Castle and the Temple of Kiyomizu Dera which also offers a splendid view over the city. Although smaller
Tokyo, the city is quite big but is served by two metro lines and many bus lines that take you to all the major places. To move are also quite cheap taxis.
In the evening we recommend a walk to the charming alley Pontocho where you can find many bars to drink and dine, and a walk in the Gion district of which is always full of movement and is the core of the city. For convenience we have decided to stay near the station and we had a wonderful stay at the Budget Inn where for about € 80 per night we were able to rent an authentic Japanese room with tatami mats and futons. Nice and helpful, the hotel owners also provides a common room where the evening you can sip sake courtesy of the house.

From Kyoto we took a day trip to Nara , which is located 40 minutes from Kyoto. The town, UNESCO, has the characteristic of having deer that run freely around the city and to approach it without fear in search of something to eat. Arriving at the station just take the uphill path that you are in front and after a walk of about 1 km you will arrive at the park where there are already temples and pagodas. The best thing, however, is the Todai-ji temple , one of the largest wooden buildings in the world and with a huge statue of Buddha. You should also visit the shrine Kasuga . The magnet

chosen to represent this city is a beautiful piece of sushi! Domo arigato
!

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BUILDING: ABUSE - DEMOLITION - ACQUISITION OF PROPERTY BUILDING

Mr. G. owns land on which he made an illegal property.

For that reason he was taken to a penal trial, during which the judge has ordered the seizure of the article.

At the same time, the City issued the order for suspension of work, followed by the order for demolition of illegal work, to be performed within ninety days.

That order, however, was not carried out by Mr. G., who believed that it could not intervene on the property subject to seizure because criminal.

period ran so the ninety-day time limit set in the order for demolition unless the offender to proceed to the demolition of illegal works.

Subsequently, there was the decision of the criminal court, declaring the offense settled for prescribing and ordering, therefore, the release from seizure of illegal artifact and its return to the municipal entity.

Mr. G. asked if, since the crime extinct, had not he entitled to a refund of the property.


In this regard we need to analyze the rules contained in art. Law No 7 of 28.2.1985 47, and now art. Presidential Decree No 31 of 6.6.2001 380 (Unique text for construction).

The rule provides that the Authority Hall, discovered the abuse of buildings, enjoining the owner and responsible for the abuse to the demolition of the property abusively.

If the manager does not secure the demolition dall'ingiunzione within ninety days, the property is acquired for free at the right of municipal assets.

In the case of Mr. G., not having complied with such order of demolition, there has been automatically acquire the property in favor of the City.


The criminal court, therefore, has properly ordered the return of the property to the City rather than the accused.

should be noted in this regard that the of the non-formal notification of the investigation, after the expiry of ninety days, as provided by art. Presidential Decree No 31 of 6.6.2001 380, is only required to have entry into the City and transcription in the land register.

In other words, the absence of such notification and the subsequent transcription does not prevent the acquisition of the assets (and the area of \u200b\u200bthe abutments) to the municipal assets, such as scalers effect occurs "by operation of law", ie automatically as a result of the time limit fixed in the order.

Nor can one say that the demolition orders could not be performed because the property was impounded criminal, so its possible tampering was indeed the offense under Article. 349 Criminal Code (violation of the seals).
The Court, in fact, believes that, in the presence of a seizure criminal misuse of the article, the manager, taking the demolition work under City Ordinance, may well apply to the court proceeding for permission to access a site bound for the demolition itself.

In light of the foregoing, we conclude on this, although the offense prescribed, you are not entitled to restitution of the property because it was awarded automatically to the City as a result of the non- demolition order within ninety days.

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: Lottizzazioni ABUSE - CRIMES URBAN

As a very preliminary look at that in our legal system, urban crime have made the nature of contravention.

In general, these crimes are subject to the following guidelines:

are attributable to the agent either by way of intent or gross art. 42, paragraph 4 of the Criminal Code;
The attempt is not configurable;
The competition of people are being governed only by art. 110 Criminal Code;
not apply all those circumstances that the law assigns solely to crimes (eg aggravating circumstances provided for in art. 61 nn. 3:07 and 8 and the mitigating circumstance under Article. 62 n. 4 cp).
Moreover, the offenses are of permanent urban (1) because the criminal activity goes on all the time in which the works are in progress.

the legal interests protected by the rules incriminating on illegal construction is not given only by the need to submit construction activity to control of the government budget, but is represented, not least, substantial interest in the protection of the territory, the development of which must have been completed in compliance with the zoning provisions.

said this and I note that the reported crimes of illegal subdivision (2) are currently governed by the provisions of Articles 30 and 44 letter first paragraph. c) the first part of the Consolidated Building (DPR June 6, 2001, No. 380). Therefore, Article. 30 describes the conduct penalized (the precept), establishing a dual definition of illegal subdivision, and material negotiations. Instead, Article. 44 letter. c) contain particulars of their penalties.

Pursuant to art. 30, first paragraph of Decree 6.6.2001, n. 380 "you abuse subdivision (3) land for the purpose of the structure built:

when they started operations involving urban transformation of the land or building in contravention of the regulations themselves of planning instruments, existing or adopted, or otherwise required by state or regional laws without the required authorization (so-called subdivision abusive material);
and when this transformation is undertaken by the division and sale, or equivalent documents, the land in plots which, by their characteristics such as size in relation to the nature of the land and its destination according to the planning instruments, the number, location or any provision of urbanization and with respect to items related to the purchasers, in order to denounce the destination do not mistake the structure built (so-called illegal subdivision negotiation).
addition, pursuant to Art. 44 letter. c) Part I "unless the fact constitutes a serious crime, and without the administrative penalties, the provisions of imprisonment up to two years and a fine of € 15,943 to € 51,645 in the case of illegal allotment of land for the purpose building assault, as expected the first paragraph of art. 30.

In summary, the subdivision used illegal materials when there is a physical transformation of the territory that is "prohibited or not authorized." More specifically, the above subdivision occurs when there is an unauthorized transfer of land for the purpose building assault implemented in the absence of an administrative act (so-called permission to carve), authorizing creating a new network of urban fabric in an area undeveloped or partially urbanized.

The subdivision is an abusive form of more effective intervention in the territory of such a size and enormity of the differences made in construction or in the absence of a permit to build, bringing more serious impairment of programming edificatoria.

Instead, he resorts to abusive negotiating subdivision (4) (also known as the documentary or the securities) occurs when legal work uniquely designed to prepare the aforementioned transformation. More specifically the illegal subdivision when there is negotiation, while not yet been physically implemented initiatives type of the structure built, the urban transformation of the land has been established with:

the splitting of the same land;
through the land sale;
the performance of acts equivalent to the splitting and selling.
In summary, the offending conduct is merely a legal transformation of the territory that is in the fulfillment of legal acts have not yet been subject to enforcement practice.

The Court is also punishable cd. subdivision abusive mixed (split into lots of land and subsequent construction). This occurs when the active player or players are engaged in both pipes (material and negotiation) within a mix of factual and legal acts that are, however, aimed at achieving a transformation planning.

material in the element of the crime of illegal housing development pipelines converge converge towards a single transaction is characterized by the causal link that binds the individual contributions of direct involvement in the planning condition of the land, reserved for public bodies. (Penal Cassation, Section III, September 24, 1999)

In a nutshell, I note that you configure the crime of illegal subdivision when the purpose is set up with activity and capable of altering the programming of land just the same as outlined the instrument General Urban.

The crime in question is a common crime, damage, and the mere conduct in the nature of danger.

Moreover, in the event there is an allotment abusive material nature (5) and, instead, in the illegal subdivision of the negotiations there is an event in the legal sense.

In construction matters, the ignorance of the criminal law is now difficult to invoke after the introduction of one-stop shop for building, under art. 5 of Presidential Decree No. 380/2001.

The crime of illegal subdivision is a violation of arson for whose existence is necessary for the event both expected and desired by the offender as a result of his conduct and voluntary conscious designed to limit and condition, with obstacles in fact or in law, the reserve of public land planning. In the final analysis, I note that it is apparent both in the performance of legal acts, such as the division of land and sale of lots the factory or in the explanation of physical assets such as buildings or the construction of infrastructure works in cases where the aforesaid acts and activities found to direct and plan to use the land to development in the absence of conventional development plan or other equivalent instrument implementing the plan. More in detail, so you have illegal subdivision of land is not necessary for urban re-development works and construction are completed, it being sufficient for their start in breach of planning instruments or without the required authorization. Therefore, even the construction of a road, even in clay, is the work of urban transformation, such as to integrate the case of housing development in the material sense.

Finally, there are still to be analyzed for completeness of exposition, the procedural aspects of the crime in question is not oblation. It is a crime within the jurisdiction of the Court single judge in that office may be brought where the action penalty is taken up by decree of summons to court (Articles 550 et seq. cpp), measures of interim pre-arrest and detention are not permitted while, however, is permissible precautionary measure actual seizure (estimate, evidence ).

EXAMPLE OF CHARGE ON THE CRIME IN QUESTION

provided the offense and is punishable under Articles. 30 and 44 letter. c) of Presidential Decree 380/2001, for the Sigg. re Mevio and Harry - in competition with each other (art. 110 cp), which buyers and sellers XX YY - divided up in an improper purpose building two parcels of land sqm ... .... each, establishing the urban transformation and construction through the sale of land undivided shares of land for which the number, location, the provision of a link road between the particles sold, unequivocally denounced the intended purpose building assault, partly achieved through the fence of the land in relation to the shares sold and construction of housing units, in blatant violation of the requirements of the planning instrument of the City of ... ... ..

Events Occurring in ...

Date and Place

DPR June 6, 2001 n.380

Consolidated laws and regulations on construction. (Text A) (Suppl. ord. To the Official Gazette - No. 245, October 20, 2001), errata in the Official Gazette Series in January - No 262, November 10, 2001 and correction notices in the Official Gazette Series in January - No 264, 13 November 2001 and in the Official Gazette Series in January - No 47, February 25, 2002 (E1).

30 L. (Lottizzazione abuse). (Act Feb. 28, 1985, n. 47, Art. 18, 23 April 1985 Decree-Law No 146, article 1, paragraph 3 bis and 7 bis, Legislative Decree 18 August 2000, No. 267, Articles 107 and 109) . 1. It's illegal subdivision of land for the purpose when they started building assault operations involving urban transformation of the land or building them in violation of the requirements of the planning instruments, existing or adopted, or otherwise established by state laws or regional or without the required authorization; and when such processing is undertaken by the division and sale, or equivalent documents, of the land lots, their characteristics such as size in relation to soil type and its destination according to the planning instruments, the number, ' location or the possibility of introducing urbanization and with respect to items related to the purchasers, denounce in unequivocal terms the intended purpose building assault.

2. Between live acts, whether public or in private, involving the transfer or the creation or dissolution of the communion of rights in rem relating to land are void and can not be concluded or entered in the public land registers where such acts are not annexed to the certificate containing the requirements of urban planning destination on the affected area. The provisions of this subparagraph shall not apply if the land constituting appurtenances of buildings surveyed in the new urban building land, provided that the total surface area of \u200b\u200bthe same relevance is less than 5,000 square meters.

3. The certificate must be issued by the urban destination or manager responsible for the competent municipal office within a deadline of thirty days from submission of the request. It shall remain valid for one year from date of issue if, for declaration of the seller or one of condividenti, there have been no amendments to planning instruments.

4. In case of non-delivery of the certificate within the prescribed period, it can be replaced by a statement of the seller or one of condividenti stating the application has been lodged, and the destination of the land in the urban planning instruments in force or adopted, or the absence of these or the prescription, by the approved general planning instrument, the means of implementation.

4a. The acts referred to in paragraph 2, for which no certificates attached to urban use, or that do not contain the statement referred to in paragraph 3, may be confirmed or supplemented by a single party or by his successors, by public deed or certified, which is accompanied by a certificate containing the requirements relating to urban areas involved in the day when the act was done to confirm or containing the declaration omitted (a) (2).

5. The subdivisions for land can not be approved by the agency of the territory unless it is accompanied by a copy of the type which shows, for a certification of the municipal offices, the guy that was filed with the municipality.

[6. Public officials who receive or authenticate documents relating to the transfer, without cadastral division of plots of land that is less than ten thousand square meters must submit, within thirty days from the date of registration, a copy of their receipt or certified by the executive or manager of the office of the municipality where the property is located] (3).

7. In the case in which the manager or person in charge of the office finds the conduct of municipal subdivision of land for the purpose the structure built without the required authorization by order of the areas to be served to owners and other persons referred to in paragraph 1 of Article 29, it orders the suspension. The measure requires the immediate interruption of work in progress and the prohibition to dispose of the land and the works themselves by acts inter vivos, and must be entered for that purpose in the land register.

8. Ninety days, if the withdrawal does not react to the measure referred to in paragraph 7, the areas are divided up right to the acquired assets available to the municipality whose officer or manager of the office must provide for the demolition works. In the event of inaction, the provisions relating to substitution powers under Article 31, paragraph 8.

9. The documents relating to plots of land for which has been issued for the measures under paragraph 7, are void and can not be reached, or whether publicly or privately, after the transcript referred to in that paragraph and before the its cancellation or the ineffectiveness of the supervening decision of the Director or the head of the appropriate city office.

10. The above provisions shall apply to acts entered into the splits and made available to appropriate land registry office after March 17, 1985, and do not apply, however, the hereditary divisions, to gifts between spouses and between parents and wills in a straight line, as well as instruments of incorporation, amending and lapse of mortgaging and servitude.

(1) This paragraph was inserted in art. 12, paragraph 4, of Law November 28, 2005, No 246.

(2) See also art. 12, paragraphs 5 and 6 of L. November 28, 2005, No 246, of which contains the text:

"5. Can be confirmed under existing rules established by paragraph 4 of the acts drawn up before the date of entry into force of this Law, provided that the invalidity has been established by sentence became final before that date.

"6. For acts trained abroad, the provisions of Articles 30 and 46 of the consolidated text of the decree of the President of the Republic 6 June 2001, No 380, as amended, shall apply when the deposit with the notary and the resulting information may be included in the Record. "

(3) This section was repealed by. 1, paragraph 1, of DPR November 9, 2005, No 304.

(E1) According to art. 5 bis, paragraph 2 of the DL May 27, 2005, No 86, converted with amendments into Law July 26, 2005, No 148 the provisions of Chapter Two of this fifth part of the TU have effect from 1 July 2006.

DPR June 6, 2001 n.380

Consolidated laws and regulations on construction. (Text A) (Suppl. ord. To the Official Gazette - No. 245, October 20, 2001), errata in the Official Gazette Series in January - No 262, November 10, 2001 and correction notices in the Official Gazette Series in January - No 264, 13 November 2001 and in the Official Gazette Series in January - No 47, February 25, 2002 (E1).

44 L. (1) (criminal penalties). (Act Feb. 28, 1985, No. 47, Articles 19 and 20; April 23, 1985 Decree-Law No 146, Art. 3, converted with amendments into law June 21, 1985, No 298). 1. Unless the act constitutes a serious crime, and without the administrative sanctions shall apply:

a) fine of up to € 10,329 for breach of the rules, regulations and enforcement procedures provided for in this title, as applicable, and by building regulations, planning instruments and planning permission;

b) imprisonment for up to two years and a fine of € 5,164 to € 51,645 in the case of works in total inconsistency or lack of a permit or for continuation of same regardless of the order of suspension;

c) imprisonment of up two years and a fine of € 15,493 to € 51,645 in the case of illegal allotment of land to development, as provided in the first paragraph of Article 30. The same penalty also applies in the case of construction projects in areas subjected to historical, artistic, archaeological, landscape, environmental variation in essential differences in total or in the absence of the permit.

2. The final ruling of the criminal court finding that there was improper subdivision, provides for the confiscation of land, lots and works illegally constructed illegally. As a result of the confiscation of the land is acquired for free and right to the assets of the municipality in whose territory the subdivision occurred. The final decision is entitled to immediate entry into the land register.

2a. The provisions of this Article shall also apply to building work likely to be able to log in a complaint under Article 22, paragraph 3, performed in the absence or total incompatibility with the same (2).

(1) Under Article. 32, paragraph 47 of Decree 30 September 2003, No 269, conv. With amendments. In L. November 24, 2003, No 326, the penalties provided by this Article shall be increased by one hundred percent. Therefore, the penalties contained in this Article shall be considered as increased:

Lett. a): from € 10,329 to € 20,658;

Lett. b): from € 5,164 to € 10,328, from € 51,645 to € 103,290;

Lett. c): from € 15,493 to € 30,986, from € 51,645 to € 103,290;

(2) This paragraph was added by art. 1, paragraph 1, lett. r) of Legislative Decree 27 December 2002, n. 301.

(E1) According to art. 5 bis, paragraph 2 of the DL May 27, 2005, No 86, converted with amendments into Law July 26, 2005, No 148 the provisions of Chapter Two of this fifth part of the TU have effect from 1 July 2006.





(1) The crime of illegal housing development has a permanent nature, and remain until there is a hard task edificatoria, expected that after the initial division also conducted later, that the execution of infrastructure works or construction of individual buildings, it extends the criminal event through injury of the public monopoly of urban planning. Penal Cassation, Section III, April 26, 2007, No

19732 (2) On the issue of illegal housing development, awareness, on the part of agents, the parcelling of unauthorized land is based on the fact of having to attach, by law, during the transfer, the certificate of urban destination contains all the zoning requirements on the affected area. Penal Cassation, Section III, September 28, 2008, No

36304 (3) On the issue of crime and urban construction, the unchanging ground of offering a different attitude to a portion of the municipal territory the crime of illegal subdivision and not the implementation of work permit approval build. (Situations where housing development has been described as illegal the construction of some concrete curbs, performed for the purpose of fencing the land attributable to each building, consisting of prefabricated trailers, Imhoff was accompanied by the installation of gates and driveways for the placing of 'input to ground). Penal Cassation, Section III, January 26, 2009, No

3481 (4) In terms of building crime, for the configuration of the offense of improper subdivision or negotiating the securities, the list of circumstantial evidence under Article. 30, first paragraph, of Presidential Decree of 6 June 2001, No. 380 is not exhaustive nor these elements must exist simultaneously, as it is sufficient for the integration of the offense even if only one of them, provided it is clearly the intended purpose of the structure built ground. Penal Cassation, Section III, Case 8 July 2008, No

27739 (5) The event in a naturalistic sense: that is an offense centered on the verification result exterior of a causally attributable to human action. Natural event is the modification of the outside world as a result of conduct relevant to the right. Event in the legal sense but is the damage or put at risk the interest protected.

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expropriation: TIME LAPSE

As for the effects of revocation of the bond pre-ordered the expropriation, the art. 9, paragraph 3, of TU Expropriations provides that "If it is not notified in time the public utility work, the binding preordained expropriation decade and is applicable to the rules laid down in Article 9 of the Act on construction approved by decree of President of the Republic 6 June 2001, No 380 ". In other words, the area who insisted on placing a pre-ordained expropriation, because it lapsed in his five-year validity has not intervened the declaration of public utility work, is regarded as an area called white or no urban destination, with the consequent application of the provision in Article . 9 of the Consolidated Building, which is reported below. "1. Except in the most restrictive limits set by regional laws and in accordance with rules established by Legislative Decree No 29 October 1999 490, municipalities are allowed without a planning instruments: a) the operations covered by the letters a), b) and c) the first paragraph of Article 3 which relate to individual units or parts of them, b) outside the boundaries of settlements, interventions to limit new construction in the land of the maximum density of 0.03 cubic meters per square meter in case of manufacturing operations at its destination, the area may not exceed one tenth of the property. 2. In areas which have not been approved by the means provided for implementing urban planning instruments such as general condition for the building, in addition to the actions listed in paragraph 1, letter a) are acceptable measures referred to in subparagraph d) of the first paragraph of 'Article 3 of this single text that relate to individual units or parts thereof. These recent actions are also allowed where they relate to generally one or more buildings and modify up to 25 percent of existing destinations, provided that the holder of the permit to be committed by an act transcribed and edited for the City's expense and, in practice, limited to the percentage retained for residential use, sales prices and rents agreed with the municipality and to contribute in the costs of urbanization in Section II of Chapter II of this Title. "

In this last regard, we note that the Council of State, Sec. IV, with the recent verdict September 23, 2004 No 6216, stated that "the maturity of a bond of inedificabilità on a ground for the useless of the five year course in art. 2 of Law No 19 November 1968 1167 allocation - in the approval of prg - vincolistica the urban destination of nature, does not render the affected area without any urban destination, where there is a specific provision of technical standards for implementing the same prg, that areas subjected to expropriation or preordained constraints constraints involving the inedificabilità, at the end of these constraints, assume a particular intended use.

As the grounds of the review, in this case the implementation of technical standards (which were not contested) expressly provides that: "When the weather Master Plan, in so far as affecting specific assets under and subject the property to pre-ordained constraints or constraints involving the expropriation inedificabilità, had to lose effectiveness in the force of law, the areas affected by the forecasts assume the intended ' use required for the rural areas ".

He noted in this connection, Sec. IV that consequently the area in question, even after the expiry of the bond by impressole planning instrument, precisely because of the forecast remembered, had a definite urban destination. The burden imposed on the part of the City Council, is to take action in the event of automatic remembered urban destination, provided for areas for which the bonds have expired impressed with the plan. This charge, in the opinion of Sec. IV, there is the need to establish a new urban destination within the same area, but it is only intended to check that the new automatic target does not change the remaining budget for equipment and areas for public use, providing a result with a special variant to 'integration of the budget for these areas (and taking on that occasion the discipline in the areas covered also forecasts no longer effective).

According to Section IV, therefore, the rule in question, far from giving temporary nature of the automatic target agricultural exemption provided for areas for which the bonds of inedificabilità expired, you had to qualify as a rule of rescue and at the same time closing the system of municipal planning, marked clearly to current and the effectiveness of urban destinations, so to avoid, first, that there may be areas with no urban destination and, secondly, to urge unofficial automatically exercise the powers in this area.

Following the expiry of the five years from the imposition of a planning instrument pre-ordered the expropriation of constraint, the area returns to the full availability of the owner is albeit with limitations arising from the new town planning scheme following its transformation into a "white zone". In this regard we note the decision of the TAR Sardegna, Section II, 2 November 2005, no 2076: "The limitation period of five years from the imposition of a planning instrument pre-ordered the expropriation of the bond, shall include, pursuant to art. 2 of Law No 19 November 1968 1187, the forfeiture of the bond itself and the area returns to the full availability of the owner but with all the limitations arising from the new town planning scheme following its transformation into a "white zone". The absence of volume attributable to that area does not prevent the realization construction of a building, where the holder of it has the availability of additional area assigned edificatoria enabling him to have a sufficient volume in the construction project. "

Still referring to the so-called white areas, it should be noted that the decline of the constraints leads logically to a loss of discipline in urban areas subject to temporary constraints and the consequent application of the rules of so-called white areas (TAR Puglia Bari Sec. II Sent. , 31/08/2009, No. 2027).

The State Council has clarified that the maturity of the bond of PRG, the valence of five years and attained by the use of certain areas of settlement of collective interest, means that the area concerned must be construed subject to the application, instead of the original target area of \u200b\u200bits own regime of the white areas (Council of State Sec. IV Sent., 29/05/2008, No. 2570).

The zones are treated as white only areas for which was dictated at the level of the General Plan, a discipline vincolistica then lapsed for failure to implement in five years.

In such a situation is clearly a lack of land use planning and could only expand again unlimited jus aedificandi inherent in property rights. However, the public interest in a building assault staff development is served by mail pursuant to safeguard art. 4 of Law 10/1977, to operate where it is not implied the willingness of public bodies responsible for urban planning (TAR Lazio, Sec. IIa, No 5292/2001 and TAR Campania Naples Sec. II Sent., 11/04 / 2008, n. 2080).

the light of the arguments set out, the ending of the effectiveness of an implementation plan, in whole or in part is not executed, does not render the affected area with no city planning, but is subject to the requirements of Article. 4, last paragraph, of Law No. 28.01.1977 10, now merged under Art. 9 of the consolidated text of the laws and regulations on construction (dPRn380/2001).

This rule, which specifically allows outside the boundaries of settlements, interventions to limit new construction in the land of the maximum density of 0.03 cubic meters per square meter and in case of manufacturing operations at its destination, the coverage area of \u200b\u200bup to one-tenth of the property , except more restrictive limits set by regional laws. In the second paragraph adds that the restructuring has also allowed construction and in particular those aimed at transforming organizations by building a systematic set of works that can lead to building an organization in whole or in part different from the previous year. These interventions include the restoration or replacement of some components of the building, disposal, editing and adding new elements and systems. In this context of restructuring also included the demolition and reconstruction with the same volume and shape of the existing title, subject only to innovations needed to adapt to anti-seismic regulations.

Therefore, during the so-called white areas is a legitimate major restructuring and transformation of the building organisms.

The course involves five years of unsuccessful, a further case, the immediate cessation of the effectiveness of planning restrictions, not simply of their enforceability, but their very existence as a planning forecast, with the consequence of the necessary re-expansion of Faculty of dominical use of the property by the owner.

is therefore unlawful refusal of planning permission may be opposed by the city to the citizens on the grounds that the affected area has become, by maturity of the bond, "white zone", that no city planning, especially if the 'area should be included in an area not unpunished in absolute discipline of urban planning. In the latter case, it can not operate even the art. Paragraph 4 last letters. b) LN 10 of 1977 which allows for the white areas only rehabilitation and maintenance (TAR Naples, Sec. II, 22 November 2007 / December 7, 2007, No. 15830). The character

white areas is essentially provisional.

It is incontrovertible that the limits of building rights attributable to the white areas are, by their nature temporary. It 'clear obligation of the administration to fill any gaps that occurred as soon as possible in the planning for dictating such a new discipline in urban areas (TAR Campania Naples Sec. II Sent., 31/07/2009, No. 4606 and TAR Puglia Bari Sec. I Sent., 06/05/2008, No. 1079).

Well, the lack of a detailed plan or other implementation tool can not legitimately be invoked at the sole basis for any refusal of planning permission, being able to justify the rejection only if the administration can demonstrate that implementation of these instruments there is genuine need because of the state of inadequate primary and secondary urbanization of the area. Therefore, the lack of implementation of planning instruments can not be the reason which, alone, to correct the refusal to issue the building permit (TAR Puglia Lecce Sec. I Sent., 19/11/2009, No. 2796).

And indeed, the indiscriminate application in the areas already covered by implementation plans, the rules cripple any new construction not only is not satisfying, in principle, the ratio which complies with the rules of the white areas - discipline provided situations because of lack of urban planning-ranking primary - but would reintroduce a constraint inedificabilità reasons and without time limit, in contrast to the established principles and with clear profiles of unconstitutionality (TAR Lazio, IIa, No 7479/2001 and TAR Campania Naples Sec. II Sent., 11/04/2008, No. 2080).

Since the procedures for the adoption of administrative acts of general planning and programming are - art. 2, L. August 7, 1990, No 241 - subject to the duty of the conclusion of the proceedings and since the limits of building rights attributable to the white areas are provisional, the City Council has the clear obligation to provide in time quickly and with care, as soon as possible by filling any gaps that occurred in the context of urban planning. It would also be illegal, thus the silence kept by the Administration which had not concluded within a reasonable time and without giving any justification as to the possible reasons for the delay, the procedure aimed at the general adoption of the new planning instrument (TAR Puglia Bari Sec. I, 06/05/2008, No. 1079).

Ultimately, when it failed planning and implementation where the council has not done quickly to fill the gap occurred, the citizen and the technical departments, to identify the limits of the existing framework of land use, should refer to the general planning instruments, as if she had ever made any constraint (TAR Campania Salerno Sec. II, 02.14.2002, 114).

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FISCO: Evasion, fighting illegal gambling

CONTRAST illegal gambling and tax evasion are
included several measures that aim to strengthen the fight against illegal gambling and the recovery of the tax base. In particular, Article. 5 (penalties) of Legislative Decree no. 504/1998 on "Reorganization of the single on betting or betting" should be amended with the increase of sanctions if the taxpayer subtracts, in any way, to the tax base ' pools in the single tax or betting is punished with administrative 120 to 240 percent of the increased tax and, if the taxable amount withdrawn is more than € 50,000, with the closure of one to six months. The taxable person who, under the procedures required by Regulation (DPR n.66/2002) fails, in whole or in part, or delayed payment of tax due shall be punished with a penalty equal to 30 percent of the amounts . Who does not present or has certified with inaccurate reporting of early activity is subject to administrative sanction from € 516 to € 2,000. In the event of a simulated game, apply a penalty equal to the payout following the simulated game, in addition to closing year from three to six months. In case of recurrence is prepared by the closure of six months to one year. If, after the imposition of the penalty, it is found that a further violation, will the withdrawal of the concession. They also included two provisions "interpretation": the first (on the interpretation of art. 1 of Legislative Decree 23 December 1998, n. 504), which provides that the tax only on prognostic competitions and betting is due even if collection occurs in the absence or in case of ineffectiveness of the concession of State Monopolies Autonomous Administration. The second (the interpretation of Article. 3 of Legislative Decree 23 December 1998, n. 504) interpretative provisions specify what is meant by "taxable persons and that" anyone (even in case of absence or ineffectiveness of the concession granted by the Ministry of Economy and Finance-Monopoly Administration of State) , runs by any means, including electronic, on behalf of third parties, also located abroad, Forecasting competitions or betting of any kind. If the employment is exercised on behalf of others, the person on whose behalf the activity is carried out jointly and severally be obliged to pay the tax and related sanctions. " The taxable amount withdrawn, the only established for the purposes of betting or betting (d.lgs.504/1998), is placed in light of the corrections and investigations for the purposes of income tax, value added and the regional tax on productive activities that may be applicable to the subject. For this reason, the State Monopoly Administration and the Corporation of the financial police shall notify the Agency of revenue, respectively, have been discovered and violations found during the inspection of the single on betting or betting. It also included new provisions on assessment of the tax base and controls with regard to levy single state representative. Within sixty days from the date of entry into force of this Act, action lines for the prevention, enforcement and recovery phenomena ludopatia resulting from compulsive gambling, (interdirigenziale by decree of the Ministry of Economy and Finance-Autonomous Administration state monopolies and the Ministry of Health shall be taken, in consultation with the Joint Conference). Provisions also in terms of public participation in games of juvenile shall be prohibited, we read the provision to allow public participation in the games with cash prizes under the age of eighteen. The owner of your business that allows public participation in the games to children under the age eighteen shall be punished by a fine of between € 500 to € 1,000 and with the close of trading up to fifteen days. The law of stability and new claims jurisdiction for the causes of opposition to the order of injunction, the power belongs to the courts for the place which the Office of the Autonomous Monopoly State that issued the order- injunction. By Decree of the Administration of State Monopolies are introduced and new types of games covered, and start the administrative procedures necessary for their concession. Also provided assistance to the restatement of the staffing non-managerial staff. Monopolies Autonomous Administration of the state is authorized to update the schema type of access to the concessions agreement for the exercise of public games and is also drawn up a precise list of requirements that must be dealers that will draw up the agreements and obligations to you have to adapt (26 points). Among the latest provisions, the Administration of the State Monopoly exerts a number of powers of control, address of dealers in the activity. In carrying out these tasks, the AAMS can make use of the Italian Society of Authors and Publishers (SIAE) and the Guardia di Finanza.

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HEALTH ': ECONOMIC AND FINANCIAL REMEDIATION

NATIONAL HEALTH SERVICE
The level of funding the NHS has increased by 347.5 million euro for the year 2011, to cope with the additional funding agreed with the regions, for the first five months of 2011 . Limited to the operating results of 2010, in regions where there has been a failure to achieve the planned objectives of rehabilitation and re-balancing economic and financial content in specific healthcare plan back from deficits, (agreement signed under article 1, co. 180, l.311/2004 and subsequent amendments) is allowed to have health coverage through State budget deficit provided that regional measures for its cover showing they have been adopted by 31 December 2010. To ensure the smooth functioning of the payments of debts, for the reasons already submitted plans to return from health care deficits and former Commissioner on the date of entry into force of this law, can not be undertaken or continue enforcement actions against health care companies local hospital of those regions, until December 31, 2011. Foreclosures and reservations in debt on financial transfers from the regions transferred to local health centers and hospitals of those regions, made before the date of entry into force of Decree-Law No 78, 2010 (converted, with amendments, Law No 122 of 2010) shall not have effect from that date until 31 December 2011 and not binding on the institutions of the regional health service and treasurers, who may, for the institutional purposes of such bodies, the sums transferred to the same period. Also included is art. 2 of Decree 125/2010, paragraph 2-bis derogating from block 10% of the turnover of health personnel should be done no later than 31 December 2010 a positive verification of the plan back to partial health deficit.

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AGRICULTURE: TAX TAX

AGRICULTURE contribution relief become permanent
become the permanent property tax relief for small farmers. You been amended the paragraph 4-bis, first sentence, art. 2 dl 194/2009, with amendments, into law February 26, 2010, No 25. In essence, the tax relief for small rural properties, which would expire on 31 December 2010, is now permanent: therefore "acts of transfer for value of land and related assets, classified according to agricultural planning tools regulations put in place in favor of farmers and farmers 'professional members' welfare in their management, and land transactions made through the Institute of food services for the agricultural market (ISMEA) are subject to registration fees and mortgage in a fixed land tax and the level of 1 percent. The fees of notaries for the acts mentioned above shall be reduced by half. The above-mentioned persons fell from the facilities if, before the expiry of five years after the conclusion of the proceedings, or alienate the land voluntarily cease to grow them or bring them directly ".

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: INVESTIGATIONS, AND PENALTIES 40% OF BUILDING

TAX INVESTIGATIONS AND SANCTIONS.
As required by paragraph 17, the stability law expands the powers of the local offices of the Treasury and the office of the Tax Administration, with regard to the partial tax assessments. From February 1, 2011, as specified by paragraph 18 (which makes changes to the decree. 218/1997, "with provisions for establishing membership and conciliation proceedings", by amending the Articles. 2, paragraph 5, 3, paragraphs 3 and 15, paragraph 1) will be increased from one quarter to one third of the minimum required by law, the imposition of administrative penalties where there has been reported with the accession to the direct and indirect taxes and always will be increased by quarter to a third sanctions if the taxpayer waives notice of assessment or challenge the settlement and to make application for membership with determination, will pay, within the time limit for bringing an action, the total amount due. Paragraph 19 amends paragraph 6 of Article 48 of Legislative Decree 31 December 1992, n. 546, as amended (the tax provisions on the process) so as from 1 February 2010, when reconciliation occurred, administrative sanctions shall no longer apply to the extent of one third, but the extent of 40% of the amount imposed in the ratio of 'amount of tax resulting from the council itself. So the measure of sanctions can not be less (not more than one third) to 40% of the minimum amount prescribed for the most serious violations provided for each charge. The second paragraph of Article 20. Stability of a law amending the Decree of 18 December 1997, n. 472 (General provisions relating to tax penalties). In particular, from 1 February 2011, are increased penalties in the event of repentance industrious, the repentance that refers to a violation that has not already been found and still has not begun access, inspections, audits or other administrative investigation of which the author or entities jointly obliged, they had been formally informed.

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: FLUES HOW, WHEN AND WHY '

chimney in the building, judgments

do not need the consent of the condominium for the construction of the works

The individual blocks is entitled to carry out the works in contrast to the will of the condominium. Consequently, it is legitimate to issue the building permit for work in the service of his home located on the perimeter wall.
E 'legitimate the construction of a chimney intended to prevent the spread of the ropes.


Council of State - sez. V - January 3, 2006, No 11

Supreme Court May 9, 2007, number 10,647 , the disposal of communal heating system does not automatically cover the chimney, which must be regarded as a product independent of the system: the use of the chimney, as a conduit combustion products of the heating system, configure it only one of its possible uses. If an asset is common - for its purpose and its destination - One or more condo buildings, its disposal is decided on by all owners of condominiums condo buildings.

Cass. No 8552/2004 whereby the insertion of the chimney inside the wall which is also a common definition of private property, since invasive of another's property, can not be regarded as a mere support.

Tribunale di Napoli 17/03/1990 Perimeter Walls - Chimneys. The installation of a flue in grip, or with joint support in the perimeter wall of a building by a condominium and 'lawful activity falling in the use of the common thing, under Article. 1102, Civil Code and as such, it does not require 'questioning it' consent of the other condominiums. The faculty meets only the limits established by the exclusive rights of others (such as distances from the views, inputs, etc..) And the prohibition of altering the architectural decoration of the building.

Tribunale di Milano, sez. VIII, 26.3.1992 perimeter walls - Installation of a chimney - Permissibility - Conditions. Use
art. 1102, Civil Code, the common thing on the part of condominium and co-'lawful when: a) does not alter the natural destination, b) does not prevent the other joint owners to make use also according to their law, c) does not affect the stability and the architectural decoration of the building; d) not detrimental to the individual unique properties. Applying these principles to the case under consideration, the Board believes that the use of the common wall (which overlooks the rear of the building) to support you an independent chimney does not alter the natural destination, does not affect the stability of the building and may not prevent the other joint owners to use it according to their law. But no one can seriously deny that the installation of two separate flues within distance of the front between the balconies and windows of five levels: 1) violates the legal rules on distances (which can not 'be less than 75 cm from the most close sport balconies of individual properties), 2) reduce appreciably the side view that can be enjoyed from the windows above which should run along the artifact, 3) but also alters the architectural decoration of the entire facade of the building that has a eurythmy and dignity they deserve to be preserved in the best interest of the community pool.

App Milan, sec. I, 06.21.1991 Using the common thing - Perimeter - chimney for the exclusive use of individual blocks - Limits.
The placing by a condominium and for its sole benefit, a chimney along the perimeter wall of a building, does not include a modification of the common thing necessary for its better enjoyment by all of the condominiums, but is Article innovation subject to discipline. 1120, Civil Code. It must therefore be regarded as forbidden in the first place where it constitutes an obvious change in architectural decoration of the building and, secondly, when the features of the article are capable of removing a portion of the wall as the other condominium apartment buildings, which obviously can not use the same portion of the wall for pipes or her own support structures. The consent of all buildings required for the acts constituting real rights on direct mutual fund, not 'necessary to decide the placing of a chimney for the exclusive use of a single condominium, despite the imposition of this abuse can lead the establishment of a easement for right of adverse possession. The unanimity of the vote under Article. 1108, Civil Code, not ', in fact, request for documents that may determine the disposition of real rights only with the consent of the further maturation of the hypothetical requirement of the future have to usucapionem.

Cass. civil, sec. II 08/29/1991 No 9231. With regard to apartment house, a chimney, even if obtained in the vacuum of a common wall, is not necessarily common property, could well belong to one of the owners, whether it is intended to serve only the flat upon which, being that destination title against the legal presumption of communion.

Cass. civil, sec. II 02/17/1995 No 1719. If you retire the use of a communal heating system does not fail for this reason alone the compossesso of individual members on its chimney, and because it is attributable to the powers of the holder of a right in the right place or not to activities in a facility, either because the chimney should be regarded as an artifact independent, open to several uses.

Cass. civil, sec. II 04/08/1977 No 1345. Pursuant to art. 906 Civil Code. , the legal distance for placement of a chimney on the outside wall common to the work of one of the condominiums, can not be less than 75 cm from the closest sport balconies exclusive property of the other condominiums. It is not, however, allowed the condominium to install on the wall above - even with the observance of the distances legal - flue that, because of their size or their location to reduce appreciably the view that others benefit from the views condominiums located in the same wall because, otherwise, the installation would be in excess of the limits marked by the innovation. 1102 Civil Code., Both in relation to the structure of the wall is the will of the owners and the use of the common thing done by them in practice.

Cass. criminal sect. III 10/25/1988 No 10396 . The work of raising and coverage of a chimney, as a complete "functionally" an existing work, require planning permission.


Second Civil Cassation Chamber Judgement No Under Article 13451 of 08.04.1977. 906 cc , the legal distance for placement of a chimney on the outside wall joint, by one of the owners, can not be less than 75 cm from the closest sport balconies exclusive property of the other condominiums. It is not, however, allowed the condominium to install on the wall above - even with the observance of the distances legal - flue that, because of their size or their location to reduce appreciably the view that others benefit from the views condominiums located in the same wall because, otherwise, the installation would be in excess of the limits marked by the innovation. 1102 cc, both in relation to the structure of the wall is the will of the owners and the use of the common thing done by them in practice.
Standards: UNI 9731

1990: Classification of chimneys under thermal resistance.
UNI 9615 of 1990: A method of calculation and verification of the section of the chimney.
UNI-CIG 7129: Legislation which provides for the design, installation and maintenance of plants with flue gas fired boilers and power up to 35KW.
RULES UNI-CIG 10640: Method of calculation and design of chimneys suitable branching collective evacuation of fumes from boilers of type "B".
UNI-CIG 10641: Method of calculation and design suitable for evacuation of flue gas produced by boiler type "C".

Businesses That Start At 10,000 Pesos

is the first post of 2011 a few hours after our return from Italy in Japan. And since Japan is the time to network, but it is not always clear how to move and organize themselves, this post will be full of practical advice!

Our trip was a Rome-Tokyo direct (almost 12 hours flight time). Japan is a beautiful country and it's true what they say that it is a country where the modern lives next to the old. Turning to skyscrapers bold and futuristic, one can encounter in a small temple, as an oasis of peace in the chaos.


Commonplace
It is true that Tokyo not there is a tendency, perhaps a few years ago were written only in Japanese but now everything is in dual language and instructions for everything are almost always also in English. Another myth to debunk is that Tokyo is an expensive city: for hotel and food we have spent much less than expected hotel at 70 € per night for a double room and eat an average of 2 euro per person for breakfast, 6 / 8 € for 15.10 for lunch and dinner, always eat in local places and good. And the cuisine is really good and light, of course If you love oriental flavors. The alternatives are a lot of sushi, noodle bar, teppanyaki, but also stalls selling food to eat on a stick while walking. Trust me and eat like the locals because there is always so clean, even in the street. And tap water is drinkable. Prepare to always use chopsticks. Who does not love the local flavors are, however, these fast food chains like McDonald's or KFC.
be confirmed, however, the myth of cleanliness and friendliness. If you're reading a road map is likely that a local approaching you asking if you need help or if you come in a restaurant where there is no English menu, however, rest assured that they will try to make themselves understood. Restaurants and hotels are all very clean, not to mention the streets where it is impossible even to find a card on the ground or public baths (present on the street), clean like private ones. Bring on the spot or take several cash because, unlike what we thought, the credit card is not accepted everywhere, especially in small restaurants - that are often the most good - and in the stalls. Not all banks take our ATM cash machine: used as the Post Office marked with a big red T. Finally, Japan is a country fair: you will never pay high prices for food, water and souvenirs, even in the most tourists.

Arrival Upon arrival at Narita
Narita airport, the taxi is not convenient, not because it is a particularly expensive but because the distance is over 70 km and the trip would cost about 250 €. Opt for the trains. If you plan to travel outside Tokyo, the card should JR (250 € per week but can be bought only by Italy before you go and be activated as soon as you arrive in Japan) that covers the connection to the airport (arrival in just over 1 hours in central Tokyo and then if you are in Ueno are 3 stops), a circular underground line that will take most of the city and covers all trips by train to the country with the Shinkansen high speed trains. If you think of being alone in Tokyo, you can take the connection Skyliner also leading directly to Ueno (40 minutes and costs about twenty euro) and then the metro card (which does not cover but JR is quite good).


What neighborhood you choose?
organizing the trip was the first research to take place on the hotel because Tokyo is a large polycentric city. On the web and we have received several tips from friends. At the end we chose the Ueno district of and the choice was very happy. Ueno has many advantages: it has a JR station which is the most diverse metropolitan train line underground stations. E 'near Asakusa, a district full of life, typical and home to the Senso-ji temple , probably the finest of Tokyo. Also in Ueno, opposite the railway from Asakusa, there is a park with two pagodas, temples, the zoo and several museums. If you walk along the railway and then found one of the largest markets in the country and will come with a nice walk in the neighborhood Akihabara, the electronics district, especially impressive in the evening for the lights that will stun you.
The hotel has been chosen the ' Oak Hotel, cheap and well located (8 minutes walk from the JR station, 15 from Asakusa). Be prepared that the rooms are tiny and hard to do but open the case so often in Japan. Around all'abergo There are several restaurants to dine in the evening if you're tired and you do not want to go far. Internet for free, always easy to communicate with family and friends.

Turn to Tokyo
As I said, Tokyo is polycentric and then every neighborhood has its own identity very marked: in addition to those already mentioned, Ueno, Asakusa and Akihabara, you must visit at least Ginza, Shibuya, Roppongi , Shinjuku , Ryogoku , Omotesando Hills and part of Central Tokyo Imperial Palace where there is . Getting around the city needed at least 4 full days, more if you plan excursions or turn with children and therefore you need frequent breaks. There are several museums in Tokyo but the best part is just walking around the city and enjoy the roads and the different humanity.
ready to walk a lot if you want to see the city we did a quick calculation and discovered he had walked at least 25 km a day!

Day
We have made two: Yokohama is a city but is considered part of Tokyo. E 'connected by JR and the trip is about 40 minutes. It's worth a walk to Chinatown and part of the port. The second excursion was to the theme park Hello Kitty that we preferred Disneyland because most typical. It 'an indoor park (ideal for days of bad weather) and for children. There are many attractions, but rather locations and live entertainment (in Japanese, of course). If you decide to go about 40 minutes by tube starting from Shinjuku. Downloaded from the coupon discount.

Weather
Traveling in mid-February we have found all possible types of weather conditions in 10 days (sometimes the same day), the heat around the 10/12 degrees to snow. The temperature varies a lot during the day so dress in layers. There is little rain, thankfully.

I close this long post with the cat magnet, which is said to bring good luck with its paw raised.
the next post for the trip to Kyoto and Nara!

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LEASE: BUILDING GLOBAL BILL TEXT

law reform rents

Chapter
LOCATION OF BUILDINGS DESIGNED FOR USE ABITATIVOArt. 1.
(Scope).
1. The leases of property used for residential purposes, hereinafter referred to as "leases" are entered into or renewed after the date of entry into force of this Act, pursuant to paragraphs 1 and 3 of Article 2.2. The provisions of Articles 2, 3, 4, 7, 8 and 13 of this Act shall not apply:
a) leases for buildings bound under the law of 1st June 1939, No 1089, or land included in the categories A / 1 A / A and 8 / 9, which are subject only to the rules laid down in articles 1571 and following of the Civil Code should not be concluded in the manner described in paragraph 3 of Article 2 of this Act;
b) the public housing units, which are placed under the applicable rules, state and regional
c) leased housing exclusively for turistiche.3. The provisions of Articles 2, 3, 4, 7 and 13 of this Law shall not apply to leases granted by local authorities acting as conductors to meet the housing needs of transitional nature, which are subject to the provisions of Articles 1571 and following of the Civil Code. These contracts are not covered by Article 56 of the Law of 27 July 1978, n. 392.4. From the date of entry into force of this Law, the signing of the leases is valid request in writing

Article 2.
(Method of signing and renewal of leases).

1. The parties may enter into leases for periods not less than four years elapsed which the contracts are renewed for a period of four years, except in cases where the landlord wants to use the property to use or carry on the same works referred to in Article 3, or sell the property under the conditions and the procedures set out in that Article 3. At the second end of the contract, each party has the right to initiate the procedure for renewal or new conditions for the waiver of the renewal of the contract, stating its intention by registered letter to be sent to the other party at least six months before it expires. The responding party must respond by letter within sixty days from the date of receipt of the recommendation referred to in the second period. In the absence of response or agreement the contract will be expired on the date of termination of the lease. In the absence of communication in the second period, the contract is automatically renewed under the same condizioni.2. For contracts issued or renewed pursuant to paragraph 1, the parties may be assisted by organizations of the property and construction conduttori.3. As an alternative to the provisions of paragraph 1, the parties may enter into lease agreements, defining the value of the rent, the duration of the contract, including in relation to the provisions of Article 5, paragraph 1, while still complying with the provisions of paragraph 5 of this article, and other contract terms on the basis set out in the agreement set out in the between local organizations and the construction of the property most representative organizations of the conductors, which provide the definition of standard contracts. In order to promote the above agreements, the municipalities, including associations, shall convene the organizations shall within sixty days of issuing of the decree referred to in paragraph 2 of Article 4. The same agreements are deposited by the signatory organizations in each municipality of the territorial interessata.4. To promote the implementation of the agreements referred to in paragraph 3, municipalities may decide, in accordance with a balanced budget, tax rates municipal property tax (ICI) are more favorable to landlords who will rent as a principal residence property under conditions defined in the agreement. Municipalities that adopt these resolutions may waive the minimum limit established for the purpose of determining the rates and rules in force at the time when those proceedings are taken. The municipalities referred to in Article 1 of Decree-Law of 30 December 1988, n. 551, ratified with amendments by Law of 21 February 1989, n. 61, as amended, for the same purpose in the first period may provide that the maximum limit established by law in no more than 2 per thousand, not limited to the leased property for which are not leases have been recorded by at least two years.5. Leases concluded pursuant to paragraph 3 may not be less than three years, except those referred to in Article 5. At the first expiry of the contract if the parties fail to agree on renewing the same, the contract is automatically extended for two years subject to the right of cancellation by the landlord that wants to use the property to use or carry out works on the same Article 3, or sell the property to the conditions and manner specified in that article 3. On expiry of the period of extension for two years each party has the right to initiate the procedure for renewal or new conditions for waiving the renewal of the contract stating its intention by registered letter to be sent to another part at least six months before it expires. In the absence of communication, the contract is automatically renewed under the same condizioni.6. The leases granted before the date of entry into force of this law that are renewed tacitly are covered by paragraph 1 of this article.

Article 3.
(Termination of contract by the landlord).

1. At the first expiry of the contracts concluded pursuant to paragraph 1 of Article 2 and the first term of the contracts concluded pursuant to paragraph 3 of that article, the lessor may claim the right of refusal to renew the contract by giving notice to the tenant with notice at least six months, for the following reasons:
a) when the landlord intends to allocate the property for residential, commercial, craft or profession, right, spouse, parents, children or relatives within the second degree;
b) when the landlord, the legal person, company or public body or however, with public purpose, social, mutual, cooperative, charitable, cultural or religious intends to devote the property to the tasks intended to pursue their objectives and offer the tenant another suitable property and of which the lessor has the full availability;
c) where the tenant has the full availability of a free and appropriate housing in the same municipality;
d) where the property is included in severely damaged a building that is to be rebuilt or must be ensured that the stability and permanence of the conductor is an obstacle to the completion of necessary work;
e) where the property is located in a building which is expected to complete restructuring , or you intend to operate the demolition or radical transformation to achieve new development, or, in the case of property on the top floor, the owner wants to initiate elevations in accordance with the law and to execute them is essential for technical reasons, the removal of the property ;
f) where, without that there has been no legitimate succession in the contract, the tenant does not occupy the property continuously without just cause;
g) where the landlord intends to sell the property to third parties nor has the ownership of other properties for residential as well as possibly used as a home. In this case the tenant is granted the right of first refusal must be exercised in the manner provided for in Articles 38 and 39 of the Law of 27 July 1978, n. 392.2. In cases of termination by the lessor for the reasons referred to in paragraph 1, letter d) and e), possession for the execution of work therein, the grant or authorization of construction is a condition of admissibility 'share issue. The term of validity of license or authorization shall be payable to availability following the release of the property. The tenant has right of first refusal must be exercised in the manner provided for in Article 40 of the Law of 27 July 1978, n. 392, if the owner completion of the work, grant new leases the property. In the communication of the lessor must be specified, under penalty of nullity, the reason, among those strictly indicated in paragraph 1, on which the notice is fondata.3. If the lessor has regained the availability of a result of unlawful exercise of the right of cancellation under this Article, the landlord himself is liable to pay compensation to the tenant to be determined at not less than thirty-six month's rent percepito.4 lease. For the procedure for refusal to renew the provisions of Article 30 of Law 27 July 1978, No 392, and subsequent modificazioni.5. In the event that the lessor has recovered, even with court proceedings, the availability of and not used, for the period of twelve months from the date on which he regained the availability, the uses to which he exercised right of cancellation under of this Article, the tenant is entitled to the restoration of the rental agreement under the same conditions of the contract canceled or, alternatively, the compensation referred to in paragraph 3.6. The conductor, if there are serious reasons, may at any time terminate the contract by giving notice to the landlord with six months notice.

Policy

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LAW: HOW, WHY 'WHERE

global manufactured


The overall policy has produced some peculiarities that make it unique, so we provide some useful information to readers.

Subject: The policy is essentially a global coverage of liability insurance, which guarantees to the insured from claims for compensation that could advance third damaged, which means that "covers" the damage occurred to property insured, but protection economically it from possible claims by third parties.

The characteristic feature of the global policy is that, although done at communal level, guarantee on all parts of the building, including private ones, for which the administration is acting in dual capacity as representative of the owners collectively (as regards the damage that can cause the common shares to third parties and condominiums) as well as representatives of the condominiums individually (for damage caused by their unique properties, such as broken balconies, private pipes etc...) And 'it is this that gives rise to misunderstanding and the confusion when it is necessary to proceed through the courts, as the building, despite being the insurer can not be responsible for the harmful act and therefore not entitled passively if the parties building which caused the event are not private but communal.

Facts "covered" the bill spoke only for "accidental damage". This term is interpreted by insurance strictly to limit the compensation, in fact, the term "incidental fact" does not mean that "intent" since, in this case, there was not even liability of the tortfeasor, since the accident therefore, the term "accidental breakage is understood to be any fact, not intentional or accidental, due to the responsibility of one or more condominiums.

infiltration Damage: The global policies usually cover only damage caused by water pipeline (pipes), but do not cover (usually contract for) the infiltration from damage from common areas (roof facades etc.). the reason for this exclusion is clear, insurance companies would not want the condos they fail the work of a significant magnitude since, however, covered by insurance. It 'good to remember that the policies, covering only the accidental breakage, usually tend to resist when the pipe rupture occurred for age.

The "Troubleshooting": The troubleshooting is ancillary to the bill a provision for civil liability, it intervenes to cover the expenses necessary to search for the cause of seepage and consequent restoration of the compromised sites. As anticipated, this is a collateral responsibility civil, so do not intervene in the absence of compensable damage, paradoxically, therefore, in the case of a broken pipe, condo or individual should expect to have caused damage to someone in order to receive compensation on research and restoration.

Deadlines for application: It 's good to remember that in the event of a claim, is required by law to carry insurance accident report within three days of discovering the fact. This charge, which usually lies with the administrator, may be required of the individual which, if it receives a request for compensation, it shall immediately give notice to the administrator to proceed with the complaint.

Mode compensation: usually, in cases of intervention, there is an exemption for the insurance, the appraised damages, an amount subtracted from compensation as a percentage (or forfeiture); also vigendo the proportionate share of the total sum insured notes that if the building is insured for a total amount less than its real value, compensation will suffer a proportional decrease.

sums not covered by the policy are due to damaged directly by the tortfeasor (condominiums if the damage came from the private party, if the building by the municipality).

Access to documents: Since each condominium (although represented in the subscription the policy administrator) the contractor, the same shall have the right to access to documents that they see relevant (expert receipts etc..) for which, in case of refusal by the health authority may not claim that the date is copy of the request.

Receipt: Prior to the settlement of compensation or damages, the insurer, the insured or the injured person does sign a waiver to any claim, in cases of buildings that bill, again, covering the tortfeasor by the demands of Third, the receipt is signed by the administrator that, with this subscription, renunciation of any other income you require insurance. The administrator, representing other person, should pay special attention before signing the receipt, especially when acting on behalf of individual condominium responsible for the damage. The latter, in fact, should receive an 'additional request for damages by the injured party not completely satisfied by the insurance, may claim damages administrator who has accepted a lesser sum, renouncing all claims.

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SEPARATION AND DIVORCE: TYPE, DOCUMENTS, WHEN AND WHERE

consensual separation
separation only for the consent of the spouses has no effect without the approval of the Judge. The couple are to jointly petition for separation to the court. If the appeal is prcsentto by one of the spouses shall apply art. 706
of the Code is not payable to a lawyer.
Documents to be attached:
1. Extract of Marriage (issued by the City of the place of celebration)
2. Proof of residence
3. Family Status
NOTE: When the agreement of the spouses with regard to custody and child support is contrary to the interest of those the court again summoned the couple showing them the changes to be taken in the interests of children and, in If inappropriate solution, the state may withhold approval (Article 158 paragraph II CC)
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separation judicial separation only for the consent of the spouses has no effect without the approval of Judge. Spouses must bring application for separation of the court where the defendant spouse to residence or domicile, by application containing the statement of facts on which the application is based (art. 706 CCP)
may be required when they occur, independently of the will of one or both spouses, facts making it intolerable to continue living together or seriously prejudicial to the education of children. The judge, pronouncing the separation, said that met the circumstances and it is requested, which is responsible for the separation of the spouses, in view of its behavior contrary to the obligations arising from the marriage (Article l5)
E 'necessary the assistance of an attorney.
Documents to be accompanied by:
1. Extract of Marriage (issued by the City of the place of celebration)
2. Proof of residence
3. Family Status
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Divorces Kindred
The application for the dissolution or termination of the civil effects of marriage is proposed to the court of the place where the defendant spouse to residence or domicile, or in case of unavailability or residence abroad, the court of the place of residence or domicile of the applicant, in the case of residence abroad of both spouses, in any court of the Republic. The joint application may be submitted to the court in the place of residence or domicile of either spouse (art. 4 L. 1 December 1970 No 898).
E 'need the assistance of a lawyer.
Documents to be accompanied by:
1. Extract of Marriage (issued by the City of the place of celebration)
2. Proof of residence
3. Family Status
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divorce
The application for the dissolution or termination of the civil effects of marriage is proposed to the court of the place where they agreed to a spouse or residence address or, in case of unavailability or residence abroad, the court of the place of residence or domicile of the applicant, in the case of residence abroad of both spouses, in any court of the Republic. The joint application may be submitted to the court in the place of residence or domicile of either spouse (art. 4 L.1 December 1970 No. 898).
E 'need the assistance of a lawyer.
Documents to be accompanied by:
1. Extract of Marriage (issued by the City of the place of celebration)
2. Proof of residence
3. Family Status

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COMPLAINT, COMPLAINT, COMPLAINT: WHEN HOW AND WHERE?

Complaint, exposed lawsuit
Where
The complaint is the act whereby anyone with news of a crime punishable office shall inform the prosecutor or a judicial police officer.
The complaint is a matter of choice, but it becomes mandatory in some cases specified by law:
• if you become aware of a crime against the state (terrorist attacks, terrorism, espionage, political and military massacres)
• if you feel you have received counterfeit money in good faith if
• you receive money or purchase items suspected of dubious origin
• if it is known deposits of explosive materials or be a feature of any explosive
• if you suffer a lost or stolen weapon, or part of an explosive in
• If sports representatives have been informed of cheating in sports competitions.
When the complaint is optional there is no deadline for its submission, while in cases of notifiable special provisions specify the period within which it must be done.
The complaint may be made orally or in writing.
The complaint must contain a statement of the facts and be signed by the complainant or his lawyer.
The person submitting a complaint is entitled to obtain confirmation of receipt.

The lawsuit is the declaration by the person who has suffered a crime (or his legal representative) expressed the desire that we proceed to punish the guilty.
E 'provided for in Articles. 336 and 340 of the Criminal Procedure Code and offenses not prosecuted ex officio.
There are no special rules for content of the lawsuit, but it is necessary that, besides being described in the criminal act, the plaintiff will be clear that action is taken regarding the fact and they punish the guilty.
The complaint must be lodged:
• within 3 months from the day when there is news that constitutes the crime
• within 6 months for crimes against sexual freedom (sexual assault or sexual acts with a minor).
E 'possible to withdraw the lawsuit brought earlier except in the case of rape or sexual acts with minors.
The withdrawal of the lawsuit is called remission.
order for the lawsuit is filed, it is necessary that the waiver is accepted by the defendant that if innocent, could instead have an interest in demonstrating the process through its full strangeness of the crime.

The complaint is the act which requires the intervention of the Public Safety submitted in case of disputes between individuals from one or both parties involved.
Following the request the intervention of Public Safety official in the office to invite the parties groped to reconcile and prepare a report. If the facts constitute a crime, the officer PS:
• must inform the judicial authority, if the offense is prosecuted ex officio
• if it is murder to criminal prosecution may, upon request, bring a quote composition of the dispute, without prejudice to the subsequent exercise of the lawsuit.
In essence, the complaint is reporting that the national judicial authority is to bring to your attention the facts of which have news for you to assess the case prosecute.

To file a complaint, a lawsuit or a complaint you must bear in law enforcement offices (police stations, public safety commissions, Carabinieri).
el'esposto The complaint may also be presented by the prosecution.

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JUDICIAL: HOW AND WHERE TO GET A COPY?

Request a copy of court documents
Where?
E 'can request a copy of any act, document, measure filed with a judicial office, this possibility it is primarily the parties and their lawyers made and, more generally, to anyone who is interested. Copies can be

:
simple - are required for the sole purpose of knowing the content of, typically for study.
copies obtained in this way have no legal value in the absence of certification of conformity to the original purpose of the Registry.

authentic - are bearing the certification of conformity to the original and then have the same legal value of the original of which they are attached.
are required for able to effect service of the acts and measures or to use the same in other processes or from another government.

in embodiment - for judgments and other final action of the court or the judge himself or the law recognizes the enforceability, ie the possibility to enforce, the copies must be released embodiment, by placing the so-called 'enforcement order' by the Registrar.
They may only be requested by the party in whose favor the decision or award was made by his successors.
the same part can not be given more embodiment in a copy of the same act.
Additional copies can be obtained, if necessary, by the party to the head of the court that rendered the decision, which shall by decree.
The copy of an act, measure or document must be taken at the same office where you filed, or from which the proceedings took place.
Statement of interest: Arts. 476-743/746 Civil Procedure Code, Arts. 76-153/154 att. cpc; Articles. Cc 2714/2719, art. 3, reads Oct. 10, 1996, No 525 (registry fees); DM 08/20/1992 (Stamp duty).
NB The DL 12/29/2009, in force since 31/12/2009, converted with amendments by Law 22 February 2010 No 24, has introduced some innovations in the field of copy rights.

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POLITICS: FEDERALISM "NAPOLITANO ORDER inadmissible"

Federalism: Napolitano, 'Decree inadmissible, there are no conditions "shortly before Berlusconi
from Brussels:" I hope there are no problems with the president on the signature' compulsory
communication to both Houses before final approval

MILANO - President of the Republic to the sender sends the text of the decree on fiscal federalism, municipal adottatto Thursday night by the government despite the stop got a few hours before the House committee. According to Giorgio Napolitano, in his letter to the President of the Council explains that there are no conditions for the issuing of the decree Legislative and says' not able to receive, to guarantee the legality of a measure of great importance, the decree approved yesterday by the government, "announced the Quirinale.
NOTE - Here is the text of the note: "The head of state informed the President of the Council can not receive a guarantee of the legitimacy of a measure of great importance, the decree approved yesterday by the government. The President of the Republic, Giorgio Napolitano, in relation to the anticipated delivery for the purposes of adoption under Article 87 of the Constitution, the text of the Decree on municipal fiscal federalism, finally adopted by the Council of Ministers at its meeting yesterday evening, as is evident from the statement, sent a letter to the Prime Minister, Silvio Berlusconi, in which it states that the conditions required to proceed to adoption, with not having clearly improved the process for which the delegation is expected from Sections 3 and 4 art. 2 of Law No 42 of 2009 which stipulates the obligation to make disclosures to the room before a possible final approval of the decree in parliament deviations from the Guidelines. "
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BOSSI CALL - A call to this point, Umberto Bossi Giorgio Napolitano and ensures that the government will report to both Houses on the decree, as requested by the Quirinale note explaining that it could not receive the order. "Bossi," he said in a statement, this time the Northern League, "has taken a dual commitment to visit next week, the head of state at the Quirinale, and, as announced by the Minister Calderoli, parliamentarians will visit classrooms to give notices on municipal decree on fiscal federalism. "
CALDEROLI - "I'm not afraid to show a product we are proud," he said, speaking on Radio Padania Libera Minister Roberto Calderoli's argument that the choice of the President on Federalism "is an interpretation." "I - said Calderoli - I thought that once implemented the Commission's comments House and Senate could pass approval. The hill is considered a necessary step in the classroom under the fourth paragraph of Article 2 of Law 42. " "I am convinced that federalism will be approved by both Houses." And he concluded: "Sorry to lose ten or fifteen days, but it goes on" with the federalism that will be confirmed by Parliament. "The only thing that the law requires is that the government gives notice to the Chambers, after which there may be a vote on them but the text is and is not subject to change," explained the minister. According to Calderoli the decision of President Napolitano "does not change anything, it is a more formal step will be a or two weeks depending on the availability of the Parliament. " "Absolutely not," the decision of the President of the Republic Giorgio Napolitano on the decree of municpale federalism is not a political message. He said he was convinced the minister Roberto Calderoli in reply to a specific question in the League's headquarters in Milan via Belleri. "Absolutely not - he observed - because what Napolitano has declared three days ago in Bergamo on the will to continue on the path of reforms, particularly federalism, makes the president above all suspicion: it is clear that he made an interpretation , which leads to a caution being the epitome of the king. "