Judgment No. 10402 of 2024: Legal Reclassification of the Claim and Road Accidents

The recent ordinance No. 10402 of April 17, 2024, by the Court of Cassation provides important clarifications on the legal reclassification of a claim in the context of a road accident. The ruling focuses on the necessity for the cause of action to remain identical for the judge to reclassify the claim differently, highlighting the limits of such power.

Context of the Judgment

The case concerned the claim by the heirs of a third-party passenger who died in a road accident. The heirs had filed a claim for damages under Article 141 of the Insurance Code, but the lower court judge had attempted to reclassify the claim based on Article 2054 of the Civil Code. The Court of Cassation excluded this possibility, emphasizing that to uphold the initial claim, it was sufficient to prove the mere legal fact of transportation and the causal link with the damage suffered.

Headnote of the Judgment

Legal Reclassification of the Claim - Limits - Identity of the Cause of Action - Necessity - Conditions - Facts Already Stated in the First Instance for Descriptive Purposes with Different Scope - Sufficiency - Exclusion - Identity of the Historical Fact - Sufficiency - Exclusion - Factual Circumstances. The judge has the power to classify the claim differently from what the parties have proposed, provided that the "cause of action" remains identical. This must be excluded when the constitutive facts of the right asserted, understood as the basis of the creditor's claim and not as historical facts, change or, if already stated in the introductory pleading for descriptive purposes, are alleged with a different scope. (In this case, the Supreme Court excluded that the lower court judge could reclassify the claim, filed by the heirs of a third-party passenger who died in a road accident, under Article 141 of the Insurance Code, into an action pursuant to Article 2054 of the Civil Code. It was sufficient for the latter claim to prove the mere legal fact of transportation in a vehicle involved in an accident, along with the causal link to the damage suffered. In contrast, an action under Article 2054 of the Civil Code also requires a collision between vehicles, subject to a completely different burden of proof).

Practical Implications of the Judgment

This judgment has several practical implications, including:

• Clear definition of the limits of legal reclassification.
• Greater protection for the heirs of road accident victims.
• Need for a rigorous analysis of constitutive facts and their identity.
• Importance of correctly presenting the cause of action from the beginning of the proceedings.

In conclusion, judgment No. 10402 of 2024 represents a significant step forward in clarifying the methods of legal reclassification of claims, highlighting how respecting the identity of the cause of action is fundamental for the proper management of disputes related to road accidents.

Conclusions

The Court of Cassation, through this ordinance, reaffirms established principles in Italian civil law, contributing to greater legal certainty for the parties involved in damages compensation proceedings. It is crucial for lawyers and professionals in the field to be aware of such rulings to provide adequate and informed defense to their clients.