The Legislative Decree 28/2010, which introduces an organic discipline of mediation in civil and commercial disputes, appraises this peculiar form of debates resolution. This decree suggests to the parties and their consultants to not exclude the possibility that - instead of introducing the judgment immediately - an agreement should be reached previously, with the aid of a third independent and impartial mediator. The suggestion is changed, with regards to specific subjects, into the imposition to attempt to reconciliation, leaving free the contenders to not reach any agreement, where there is not space for it. In veterinary medicine the disputes concerning the resolution of the sale contract of animals must be solved trying the way of mediation, for an hoped conciliation that guarantees time and money savings. The Authors, in order to narrow this institution in the best way possible, reported a case which occurred to their attention regarding the sale of an herd of goats which suffered from disease. In particular, some animals were positive to Caprine Arthritis Encephalitis Virus (CAEV), diagnosed by serological testing, despite the absence of clinical symptoms attributable to it. Due to the compromised health status of the animals, as well as the death of one of them, the buyer demanded a dissolution of the contract. The buyer chose the way of mediation, achieving a price reduction, as a result of a rapid conciliation. In this way he exercised one of the buyer rights included in the article no. 1492 of civil code, accepting any future risks related to the presence of CAEV in the livestock. The reported case shows how the use of mediation can be a quick alternative to legal procedures and thanks to the preparation of the mediator, it facilitates the two parties. If she/he is a veterinarian, it is clear that, even if not required, she/he should have a little basic knowledge in the field of law.

La mediazione civile nelle controversie legate alla compravendita di animali da reddito: case report.

PREVITI, ANNALISA;PASSANTINO, Annamaria
2015

Abstract

The Legislative Decree 28/2010, which introduces an organic discipline of mediation in civil and commercial disputes, appraises this peculiar form of debates resolution. This decree suggests to the parties and their consultants to not exclude the possibility that - instead of introducing the judgment immediately - an agreement should be reached previously, with the aid of a third independent and impartial mediator. The suggestion is changed, with regards to specific subjects, into the imposition to attempt to reconciliation, leaving free the contenders to not reach any agreement, where there is not space for it. In veterinary medicine the disputes concerning the resolution of the sale contract of animals must be solved trying the way of mediation, for an hoped conciliation that guarantees time and money savings. The Authors, in order to narrow this institution in the best way possible, reported a case which occurred to their attention regarding the sale of an herd of goats which suffered from disease. In particular, some animals were positive to Caprine Arthritis Encephalitis Virus (CAEV), diagnosed by serological testing, despite the absence of clinical symptoms attributable to it. Due to the compromised health status of the animals, as well as the death of one of them, the buyer demanded a dissolution of the contract. The buyer chose the way of mediation, achieving a price reduction, as a result of a rapid conciliation. In this way he exercised one of the buyer rights included in the article no. 1492 of civil code, accepting any future risks related to the presence of CAEV in the livestock. The reported case shows how the use of mediation can be a quick alternative to legal procedures and thanks to the preparation of the mediator, it facilitates the two parties. If she/he is a veterinarian, it is clear that, even if not required, she/he should have a little basic knowledge in the field of law.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11570/3027591
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