Minutes of Bill 104, how to appeal to get the art. 3 paragraph 3?

Minutes of Law 104 the question of one of our readers:

Hello, I have read your article, it is very well done and simple to understand . Unfortunately, I find myself in this situation, that is to say in the minutes that there are no conditions for the art4 ddl 2012. How to appeal?
Thank you very much

Minutes 104: How to Appeal [19659005] The standard as of January 1, 2012 established that in all judgments relating to civil incapacity, blindness and deafness, the Disability and disability is mandatory prior to the technical evaluation – ATP, which consists of an badysis to verify the health conditions that legitimize the claims that the applicant intends to badert in court (law 111/2011).

The request for a prior technical evaluation must be made by the citizen who intends to contest a health report, before commencing legal proceedings.

The evaluation is entrusted by the judge to a technical consultant (CTU), who is badisted in the investigation operations by a forensic pathologist from the INPS.

Once the technical opinion obtained, the judge sets a mandatory deadline (not exceeding 30 days) in which the parties must declare whether they wish to dispute the conclusions of the consultant.

In the absence of objections, the judge prepares the decree of approval of the finding, which can no longer be challenged or amended

If, on the other hand, one of the parties declares its intention to challenge the conclusions of the expert witness, the judgment is opened with the filing of the introductory appeal in which, under penalty of inadmissibility,

Conclusions

The board to go to a patronage and have his position checked, the appeal may also be presented through them if the conditions for submitting it are met. If you do not meet the deadline, you can submit a new application by law 104 and redo the entire medical procedure.

If you have any questions or concerns, contact me: [email protected]

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