In the life of the building, the source of disputes, tensions and misunderstandings between the condominiums is undoubtedly the introduction of noise in the homes of neighbors.
What do you mean by noise?
That is all that exceeds the normal tolerance (Art. 844 Civil Code) and cause damage, nuisance to neighbors.
The trampling of hoofs, for example coming from upstairs, refers to Article 659 of the Penal Code, as it constitutes the crime since
"is necessary and sufficient that the noises have a potential to spread a undetermined number of people, even if not requested a disturbance of public peace and, once established the suitability of conduct, is irrelevant that the disturbance appears advised by one or more persons. "(Cass. Pen., sec. I, January 10, 1998, n. 238 - Pres Gemini)"
fracassone and then the neighbors well they're a bit 'careful if you do not want to get caught up in a trial for disorderly conduct in ignoring all dodati simply because of little education, showing that gap-heeled wooden clogs ... or
example is the decision of a court of Verona, who sentenced to one month in prison a woman for prolonged use of the hooves, good-natured despite requests from the inhabitants of the lower floor.
So in light of the ruling of the Supreme Court cited above, รจ sufficiente che sia anche solo una persona a manifestare di subire il turbamento: una volta accertato, infatti, il reato si configura sia che ad avvertire il rumore molesto sia l'intero condominio, sia che sia solamente un condomino.
Amm. Mancini Dott. Nicola
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