Urban Law - Legal clearances - Retaining wall - Nature of "construction" for the purposes of Article . 873 cc - Part between the foundation and the level of the upper end - Not - Part of the wall built over the bottom floor of the above - construction technical legal sense. On the subject of legal distances, the retaining wall of a cliff or a natural embankment can not be considered "construction" to the effects of discipline in art. 873 cc the party fulfills its specific function and, therefore, from the ground level of the upper end, whatever the height of the wall or natural slope of the embankment or to which he subscribes prevent the landslide, the portion of the wall that rises above the bottom floor of the above, however, since it has no function of the state of conservation of sites, is subject to the discipline of its own legal objective method of construction law in a technical sense, and should be considered subject to the same rules, because the buildings in sense specified above, the embankment, and its high retaining wall by man to create an artificial difference or to accentuate the natural difference in height (see, ex multis , Cass. Civ., sect. II, January 10, 2006, n. 145). Pres De Zotti, Bruno East - GV and other (represented by Sella, Lugoboni and Cap) c. City of Costermano (nc). TAR VENETO, Sec. II - Feb. 11, 2010, No 453
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