Donation and Ingratitude: Commentary on Cass. civ. Sentence no. 9055/2022

The recent judgment of the Court of Cassation no. 9055 of March 21, 2022, offers an interesting reflection on the revocation of donations due to ingratitude, a topic of great relevance in civil law. The Court confirmed the decision of the Court of Appeal of L'Aquila, which had granted the request for revocation of the donation filed by D.A.W. against her grandson D.A.M., highlighting the donee's conduct of ingratitude.

Context of the Judgment

The matter originated from a donation of real estate made by D.A.W. to her grandson D.A.M. However, the donor requested the revocation of the donation, arguing that the donee's behavior had been injurious and detrimental to her assets. In particular, D.A.M. had been involved in aggressive behaviors, documented by testimonies and coercive measures, which led to the decision to revoke the donation.

• Seizure of the donor's garage;
• Aggressive behaviors documented by video footage;
• Ongoing criminal proceedings against D.A.M. for harassment.

The serious prejudice to the donor's assets, intentionally caused by the donee, required by Article 801 of the Civil Code as a necessary prerequisite for the revocability of a donation due to ingratitude, must be caused with the deliberate intention of harming the donor.

Analysis of the Grounds for Appeal

D.A.M. appealed against the judgment, presenting several grounds. However, the Court of Cassation deemed the presented grounds inadmissible and unfounded, confirming the assessment of the facts made by the lower courts. In particular, the Court emphasized that D.A.M.'s behavior was characterized by a conduct of ingratitude such as to justify the revocation of the donation.

The Court reiterated that, to constitute ingratitude, there must be conduct by the donee aimed at harming the moral and material assets of the donor. In this case, D.A.M.'s behaviors were considered an expression of profound aversion towards the donor, a fundamental element for the revocation of the donation.

Legal Consequences

The judgment under review offers important insights into the legal consequences of revoking a donation due to ingratitude. In particular, it highlights how aggressive and injurious behaviors can lead to a reassessment of property rights between the donor and the donee. The decision of the Court of Cassation reaffirms the importance of protecting the donor's moral assets, recognizing the legitimacy of revocation in the presence of acts of ingratitude.

Conclusions

In conclusion, judgment no. 9055 of 2022 by the Court of Cassation represents an important ruling on donations and ingratitude. It clarifies the necessary conditions for the revocation of a donation, emphasizing the relevance of the donee's conduct and its impact on the donor's assets. The decisions of the lower courts were deemed appropriate and supported by adequate evidence, highlighting the importance of a careful examination of the conduct of the parties involved.