Analysis of Judgment No. 10010 of 2024: Specific Performance of the Obligation to Conclude a Contract

Recently, the Court of Cassation issued ordinance No. 10010 of April 12, 2024, addressing important issues concerning the specific performance of contractual obligations. This judgment, issued in the context of litigation over preliminary contracts and inheritance rights, offers significant insights into how Article 2932 of the Italian Civil Code is applied. In particular, the Court confirmed the possibility of obtaining specific performance not only in cases of preliminary contracts but also in other situations where the obligation to consent to the transfer of assets arises.

Context of the Judgment

The central issue addressed by the Court concerned a preliminary contract not followed by its final conclusion. The heirs of a deceased person contested the non-performance of a sale agreement with a retention of title clause, requesting the transfer of a real estate complex. The Court held, as emerged in the judgment, that:

(PRELIMINARY AGREEMENT) (DEFINITION, CHARACTERISTICS, DISTINCTION) - SPECIFIC PERFORMANCE OF THE OBLIGATION TO CONCLUDE THE CONTRACT Scope of application - Limitation to preliminary contract - Exclusion - Circumstances determining the obligation to consent to the conclusion of a contract - Extension - Case law. The remedy provided, pursuant to Article 2932 of the Civil Code, for obtaining specific performance of the obligation to conclude a contract, is applicable not only in cases of preliminary contracts not followed by the final one, but also in any other situation from which the obligation to consent to the transfer or creation of a right arises. (In this case, the Supreme Court confirmed the existence, in favor of the heirs, of the right to transfer a real estate complex, acquired by the deceased under sale agreements with retention of title, and not perfected despite the redemption of the assets).

Legal Implications

The decision of the Court of Cassation has important implications for legal practice. Firstly, the judgment expands the scope of application of Article 2932 of the Civil Code, which provides for the remedy of specific performance in various contexts, not exclusively limited to preliminary contracts. This means that, in the presence of contractual commitments that imply the obligation to consent to the transfer of rights, parties can request the forced performance of such obligations.

• Extension of the applicability of Article 2932 of the Civil Code to situations other than preliminary contracts.
• Possibility of obtaining compensation for breach of contract even in the case of unperfected contracts.
• Recognition of inheritance rights in the context of sale agreements with retention of title clauses.

Conclusions

In conclusion, ordinance No. 10010 of 2024 by the Court of Cassation represents an important step forward in the protection of contractual and testamentary rights. The judgment clarifies that the remedy of specific performance can be applied in a variety of situations, thus offering greater protection to creditors and heirs. This principle not only strengthens legal certainty but also highlights the importance of careful contract drafting and estate planning.