Category: Law

The Italian Law no.218, dated 31st of May 1995, regulates the field of inheritance law in the framework of international private law. ( Italian Inheritance Law )

The succession regulations are determined according to the national law of the deceased at the moment of his/her death. Furthermore the Italian rules on conflict of laws take into account the possibility that the national law of a deceased foreigner might refer to the law of another country. Such deferment will be effective only if the law of the third State accepts the deferment. Lets take an example: if a British citizen before his/her death left some properties in Italy, the succession will be regulated by the British law. But according to the British conflict law, the law to be applied should be the lex rei sitae (namely the law of the country where the property is located), that is to say the Italian law.

The Italian legislator adopted the principle of unity of inheritance, which differs significantly from the one adopted in common law countries. It is based on the separation between non-property assets and property assets, and provides for that the law of the last domicile or last citizenship of the deceased party has to be applied to non-property assets, while the so called lex rei sitae (as above defined) is applied to property assets. According to this principle, if the hereditary asset comprises properties located in different states, the succession of each single property could be regulated by the law of the country where the property is located.

The testator has the right to submit his succession to the law of the country where he resides. Such choice has to be formally expressed in a Will and shall not be damaging for the rights provided by the Italian law for the legittimari, or forced heirs, (that is to say, the family members who have a statutory right to receive a fixed share of the property of the deceased, even against the will) who are resident in Italy at the moment of death of the deceased. Please also consider that both married partners and separated partners have precisely the same rights, while the divorced partners cannot argue any kind of assets.

It is highly desirable to draft an Italian Will and probate with the assistance of an Italian lawyer in order to limit the consequences of the legal succession. In point of fact, in absence of a Will, the legal succession will be applied, and in such cases the Italian law determines which relatives of the deceased have the right to succeed (primarily the spouse, the legitimate and natural children, and the ascendants). In case of lack of heirs, according to the Italian law, the hereditary assets present in Italy would be assigned to the Italian State.

Please note, any statement made in this article is intended to be a general practical introductory explanation only and not advice. This firm accepts no liability or any responsibility for any statement made.

When it comes to used car dealers, the law can unfortunately become the only recourse in dealing with them. The kinds of problems encountered can range from defective vehicles not sold as such to blatant rip-offs in which the buyer never gets the vehicle. In fact, a Springfield, Massachusetts used car dealer was just arrested due to several complaints of purchasers never actually receiving the vehicles they paid for, or in some cases never obtaining titles. The local news agency covering the case is also reminding viewers of the states lemon laws and encouraging anyone who thinks they have a case against this particular dealer to come forward.

The legendary portrayal of a used car dealer as a shyster is in some cases unfortunately true. While there are certainly many dealers who are honest and forthright, profit margins are small, economic times are tough, and the little white lie told in an effort to get that vehicle moved off the lot is often all too tempting.

According to leading California lemon law attorney Norman Taylor, one of the first defenses a buyer has is to make sure they obtain a warranty with any used car purchased. A buyer should consider carefully before buying a vehicle without the valuable protections that warranties can provide, Taylor said. Most commonly, used vehicles are sold as is or with all faults. Such vehicles do not come with any warranties at all, either express or implied.

Taylor speaks from long experience. He has been a lemon law specialist since 1987, and he and his firm, Norman Taylor and Associates, have handled over 6,000 cases for consumers with a 98 percent success rate.

Used car buyers should make sure the dealer offers a written limited warranty with the vehicle they are selling.

A warranty is not a guarantee that any problems will be addressed, however. Like new car dealers, used car dealers can be notorious for not actually fixing a problem despite several attempts and there are cases on record in which the dealer manages to drag the problem out until the warranty expires. Hence it is best to contact a lemon law attorney right away when a buyer perceives that they might have been sold a lemon.

There are many cases in which lemon laws cover the sale of a used car. If you feel you have purchased a lemon, it is best to contact a qualified lemon law attorney right away.

About Norman Taylor & Associates

Norman F. Taylor and Associates have been assisting consumers since 1987. At Norman Taylor & Associates, the goal is to provide clients with the highest quality of legal representation if theyre one of the unfortunate residents of California whove had the misfortune of purchasing defective vehicles or goods and who have recourse under the Lemon Law. They represent consumers in Los Angeles, Orange, Riverside, San Bernardino, Ventura and Santa Barbara counties. With a twenty two year history of successful cases, Norman Taylor & Associates has established their reputation as a firm of consumer advocates that get the job done.

There are many myths about the laws that govern divorce in Australia. A lot of television shows, such as Boston Legal will have many viewers believing that divorce is a complicated and daunting process. However the majority of divorces never make it to court and only about 5% actually have a judge that makes the final decision. The majority of divorce claims reach a mutual agreement between the two parties before entering the courtroom.

The assistance of a lawyer will speed up the process and will guide you through any complications along the way. A qualified divorce lawyer can answer all questions relating to your divorce claim, including child custody, courtroom affairs and division of assets and property. In most cases your lawyer will be able to reach a settlement with the other party without standing before a judge.

Equal Child Custody
The idea that children will receive equal custody by both parents is not true and neither is the thought that mothers receive more custody. There are a few legislations that state equal child custody however these legislations are not mandatory. The truth is child custody is decided by 3 factors; firstly the childs age and their ability to decide which parent is in their best interest.

Secondly, the safety of the venue the child will be residing, including the home, contents and the surrounding area. Lastly is the practicality of the arrangement, including the distance from school and other facilities the child requires. Another myth surrounding child custody is that there is a high abuse rate. The abuse rate is actually higher in intact families as opposed to separated families where both parents have custody.

Half All Assets and Property
Again only 5% of divorce claims settle property and assets before a judge, as the majority of claims are settled outside of court. Even when settling before a judge, the chance of receiving equal amounts is very rare. In contrast to what many people believe, the earning capacity of each spouse is not the basis for the division of property and assets. Rather home duties are weighed together and the home maker will in most cases receive up to 70%.

For example the father may be more employable than the mother; however the mother has more home caring skills and will most likely end up with a larger settlement. There are cases where the main home carer will not receive the majority of property and assets, and that is when assets exceed an exceptional amount, such as property over one million dollars.

The Jury Decides
Nearly all matters concerning family law will not have a jury and will only have a judge. Divorce claims are held in family or federal courts, where only a judge, registrar or magistrate is present. The only exception is criminal acts, which are not treated as family law and are handled differently.

The majority of simple answers surrounding divorce law are myths, because they cannot be explained briefly. If you are serious about a divorce claim, then you should consult a professional family divorce lawyer. The best way is to jump online and Google family lawyers in your area.

One of the most crucial things to know about the mind and reality is the difference between thoughts and beliefs. The difference between a thought and a belief is that you may have thousands of thoughts going through your mind but none of them give birth to any power except those that are beliefs. A belief is information that you understand as truth or knowledge. Choosing to make a thought real or not is a decision under the very power of the will.

Thought is first a conscious idea, then it becomes a subconscious memory, working day and night. This is what operates the law of attraction, for the reason that the laws of attraction and repulsion are entirely subconscious. Thoughts may be conscious to start with, but they are subconscious as soon as they are put in motion. The subconscious mind is the seat of emotion and the database of memory, therefore memory is tied to emotion. Emotion is energy in motion. The more emotion a thought has, the more it is able to move matter. Weak thoughts have little emotion. Strong thoughts have much emotion.

The things we manifest in our life come from our subconscious beliefs rather than our conscious thinking. If we believe everything we think on is going to manifest in one form or another, we’ll probably walk about terrified because most of us aren’t thinking optimistic thoughts all the time. If we have the idea that whenever we think a thought, it will create our reality, then we would most likely be afraid to think anything at all.

Emotion is energy in motion, therefore all movement is emotional. The subconscious mind as the seat of emotion is the operational aspect of the mind. All activity is carried out by the subconscious mind which is the creative faculty. The conscious mind merely directs and instructs, therefore the subconscious mind continually works in harmony with the conscious mind. The coming together of conscious and subconscious mind in order to manifest reality permanently involves the element of want and emotion.

A conscious thought only has effect when being consciously thought of. When the thought is intensified and galvanized with emotion, it generates enough momentum to continue flowing on its own and become perpetual. The thought becomes a memory and the subconscious programming that runs the entire mind. Every true belief is not just conscious but subconscious and is tied to emotion. A belief is a thought wrapped in the clothes of emotion.

Almost no one can maintain a conscious focus on anything for more than a few seconds. When you focus as fully as you possibly can on maintaining an image or thought in your mind, notice how long it takes before something else pops into your awareness. That something else is coming from your subconscious mind because it is always in motion.

Thus, it’s crucial to ensure that your subconscious mind seizes the focus on your target since your conscious mind simply can’t do it. When you emotionalize the thought instead, the parts of the brain that excel at maintaining focus, the frontal lobes, are energized in a way that maintains the necessary subconscious focus. The result is that, subconsciously, you keep your eyes on the prize, even when you’re sleeping.

When your subconscious mind understands the message it receives, it takes root and becomes set in motion.

The thought becomes emotionalized, internalized and turns into a belief.

The fastest way to give yourself the beliefs to manifest the things you want is through hypnosis and NLP. There are numerous other ways and certainly there are methods yet to be discovered. For now though, in western culture,the best ways for us to install the subconscious beliefs that will continually have our minds focused on creating our wants is through hypnosis. You can use affirmations or meditation but those things take too long.

Once your subconscious has the beliefs that support what you conscious mind wants, you won’t be able to stop yourself from gliding towards your goals. Like the maltese falcon, subconscious beliefs that match your conscious wants is the stuff that dreams are made of.

England and Wales utilise a common-law system, which differs from the civil systems used in most of the rest of Europe. Common law is not based on Acts of Parliament, but on previous decisions by the courts. One principle of common law requires that the courts apply a previous decision made by a court on the same level or higher. Other characteristics of a common-law system include a trial by jury in the criminal courts and for defamation and a system of supremacy of law, by which every citizen is bound.

The development of common law has occurred because of custom and usage, and many principles have developed over time in accordance with what was thought at the time; as opinions and practices change, so does the law. While we now have Acts of Parliament which must be followed by the judiciary, there are still principles made by common law which are enacted by Parliament. This has meant that statutory law has now become more important than case law, although it is case law that provided and developed many points of law enacted by Parliament. When the judiciary is deciding a case in which statute is relevant, they will also need to decide the case in light of common law. Much common law has not been enacted into statute and many of the principles of contract law, for example, are still entrenched in previously decided cases.

Common law develops when a court makes a decision on a case. If a case has been previously decided by a higher court, the lower court has no option but to decide in accordance with it and allow an appeal if necessary. The Court of Appeal and the House of Lords (rather, the new Supreme Court) are the courts which have made most of the decisions that bind lower courts and in order to change the law a new decision must be made by a higher court, or in case of the Supreme Court, itself. Development of common law has taken place over hundreds of years and has occurred differently in different common-law jurisdictions, meaning that although common-law jurisdictions have the same basis for law, the law has developed so as to result in us now having different laws.