Commentary on Judgment No. 11478/2024: Right to Compensation and Ownership of the Asset

Judgment No. 11478 of April 29, 2024, by the Court of Cassation addresses a highly relevant issue in civil law: the right to compensation for damages and the ownership of the damaged asset. Specifically, the Court ruled that the right to receive insurance compensation belongs to the owner of the asset at the time of the incident, even if ownership was acquired through a forced sale, pursuant to Article 2919 of the Civil Code.

The Principle of Property Insurability

The Court clarified that, in the absence of a formal identification of the insured party at the time the policy was taken out, compensation for damages is due to the owner of the damaged asset. This principle, already affirmed in previous rulings, is based on the following articles of the Civil Code:

• Art. 1918: Definition of the insured's rights.
• Art. 1891: Rules concerning insurance contracts.
• Art. 2919: Transfer of ownership in case of forced execution.

The Court thus confirmed the applicability of the principle even to situations of forced sale, where the new owner acquires the rights and protections provided by the insurance policy.

Judgment's Headnote and its Implication

In general. The principle that the right to compensation for damages, or insurance indemnity, in the absence of express and formal identification of the insured party at the time the policy is taken out, belongs to the owner of the damaged asset at the time of the incident also applies to the party who has become the owner of the asset pursuant to and for the effects of Article 2919 of the Civil Code, as a forced sale must be equated to a voluntary sale.

This headnote highlights a fundamental principle in insurance law: the link between ownership and the right to compensation. Indeed, the Court establishes that whoever becomes the owner of an asset, even through enforcement procedures, is entitled to receive insurance compensation. This represents important protection for new owners, ensuring they are not disadvantaged compared to previous titleholders in the event of an incident.

Conclusions

Judgment No. 11478/2024 by the Court of Cassation represents a significant step towards clarity in matters of the right to compensation for damages. It underscores the importance of correctly identifying the insured party and the ownership of the asset at the time of the incident. This decision aligns with the principles of equity and justice, confirming the protection of owners' rights, whether in cases of voluntary or forced sale. It is crucial for legal professionals and citizens to be informed about such developments to ensure the correct application of the law and more effective protection of property rights.