Personal injury – Damages resulting from road accidents

Akbar Uchiha — Fri, 26 Feb 2010 11:59:13 +0000

The legislature intended to remove the jurisdiction of the magistrate all disputes relating to damages for death or injury resulting from traffic accidents, leaving the magistrate the power to accidents with damage only to property but within the limits of value of euro 15,493.71. Art. 3 l.February 21, 2006, n. 102, that “the cases relating to compensation for death or injuries resulting from traffic accidents, the rules of procedure referred to in Book II, Title IV, Chapter I, CPC, raises the delicate problem of interpretation concerning the ‘ identification of the competent court in cases of damages for death or injury resulting from traffic accidents. In fact, while under Article. 7 c.p.c. Justice of the Peace is responsible for claims compensation for damage caused by the movement of vehicles and boats, where the value of the dispute does not exceed EUR 15,493.71; based art. 413 c.p.c. - Between those raised by the Art. 3 l. No 102/06 – the power to decide at first instance for the Court. According to the Justice of the Peace of Milan “… the argument that the provision under Art. 3 l. No102/06 was not made any exceptions to the criteria of Article. 7 Code, as in it would not have contained any mention about a possible shift of responsibility, it is baseless because the provision in art. 413 c.p.c., certainly drawn by Article. 3 identifies the tribunal court has jurisdiction. We can and must be considered, however, that with the l. No 102/06 the legislature intended to shield the jurisdiction of the magistrate all disputes relating to damages for death or injury resulting from traffic accidents, leaving the magistrate the power to accidents with damage only to property but within the limits of value of euro 15,493.71. In particular, the court finds the basis for this interpretation is not only the letter of that law, which draws all the procedural rules set out in Book II, Title IV, Chapter I of the CCP (hence the art. 413), but without the limit of compatibility, but also and especially in systematic basis deduced from Art. 447 bis cpc, with whom the legislator, wanting to govern disputes over the lease with the rules of ritual work, specifically invoked the individual articles and not all procedural rules “of Book II, Title IV, Chapter I of the Code.” A further argument is found, then, in the preparatory work and, in particular, in the activity parliament. The amendments and parliamentary statements seem to indicate, in fact, that the legislature’s intention was to entrust to the courts (and not the justice of the peace), the knowledge of the causes for damages for death or injury resulting from road accidents. That said, if the Court of Milan will be hearing an engagement to comment after the ruling, will follow the option doctrinal claims have been changed not only the ritual and the power to value (and matter), you will create a conflict absence of jurisdiction which the Supreme Court will give a definitive solution. (Lawyer Cantarella Tiziana)

Business and Law Media » raffic accidents

Personal injury – Damages resulting from road accidents