Nature and Animals

Animals in condominium

Pets can stay in condominiums. Only in rare cases it can be imposed on the removal of the animal. And’ can prohibit the keeping of animals only se nel regolamento condominiale istituito al momento del contratto di compravendita dello stabile ne viene fatta esplicita menzione.

The assembly condominium can not prevent the ownership of animals even if they vote unanimously.

Supreme Court Judgment (section. 1 criminal) n.1109 of 9 December 1999

The Court of Cassation (section 1 criminal) judgment no. 1109 the 9/12/99, making law and may be cited as precedent, annulled a judgment in which the Court of Appeal of Bologna determined in pounds and 300 thousand pounds of fine 3 million worth of damages to a man "because it prevents the shouts and the barking of a dog detained at his home, disturbed sleep and occupations of the people dwelling in the vicinity ".

The Supreme Court ruled that "it is necessary for the configurability of the contravention of Article 659 The paragraph of the Criminal Code (disturbing the peace editor's note) complained that the noises have ability to spread and thus constitute a potential trouble for a plurality of persons, although not all were then disturbed (...) it is necessary that the noises are objectively capable of affecting negatively the peace of an undetermined number of people (...) this situation does not occur in this case because the barking dog of the accused has brought only trouble to the neighbors, or otherwise could be, since the house, according to testimony taken (...) the omission of the accused (which did not intervene promptly to stop the continuous barking ed) integrates at the very most 'a mere tort (...) sena then cancels the court judgment because the crime does not exist ".

Judgment of the District Court of Campobasso 12/5/90:

“If any provision contained in a house rules prohibiting the keeping of animals that may disturb the peace or the hygiene of the community, the mere possession of dogs or other animals is not enough to incur the condos in this prohibition, being necessary for the examination of the actual harm caused to the community of condominiums in terms of quiet or hygiene.”

Judgment of the Court of Piacenza sez. II 10/4/1990:

“The keeping of animals in an apartment building, being that the power in an explanation of the right dominicale, may be prohibited only if the property owner will be contractually bound not to keep animals in their apartment, unable rules governing the building of a non-contractual, even if approved by a majority, establish limits (real burdens and easements) to the rights and powers of the condos on their exclusive property, except […] therefore, in the absence of a contractual settlement prohibiting the individual blocks to keep animals in the building owned exclusively, the legality of that detention must be determined in the light of citeri governing the assessment of the tolerability of entries…”

Judgment of the Court of Cassation n.1394 6/3/2000:

If the dog barks is not disturbing the peace. If the dog does not disturb a plurality of persons but only close “the fact there”. For there to be an offense “it is necessary that the noises are objectively capable of affecting negatively the peace of an undetermined number of people”.

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CountryLady

I live in the countryside with my family, dogs, roosters and hens. I have a degree in Foreign Languages ​​and Literatures and I teach English and German. I am canine breeder, I love dogs, especially Great Danes, I breed. Besides this I love cooking, il cake design, books, humanities, DIY, it-yourself, hobbies paper, the miniature, the decoration and furnishing of the house and everything that is creative.

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