Commentary on Ruling Order No. 9965 of 2024: Voidness and Non-existence in Civil Proceedings

The recent Order No. 9965 of April 12, 2024, issued by the Court of Cassation, provides an important reflection on the issue of voidness of judgments and its implications in civil proceedings. In particular, the Court clarified that a judgment, despite having a decisive content, can be radically void if the reasoning and the operative part refer to a different case than the one under examination. This article aims to examine in detail the consequences of this ruling.

Context of the Ruling

In the case at hand, the judicial measure was issued against the parties to the proceedings, but the reasoning and the operative part referred to a case concerning different individuals. The Court excluded that it was a mere "error facti," which could be relevant under Article 395, no. 4, of the Code of Civil Procedure (c.p.c.), stating instead that it was an incurable voidness.

Implications of Voidness

VOIDNESS - NON-EXISTENCE Judgment with reasoning and operative part concerning a case between parties different from those in the proceedings - Error facti - Exclusion - Incurable voidness - Existence - Basis. A judicial measure, having decisive content, issued against the parties to the proceedings, but with reasoning and operative part relating to a different case concerning other subjects, is not affected by "error facti," relevant under Article 395, no. 4, of the c.p.c., but by radical voidness, which can be raised either through ordinary means of appeal (including, in the case of an appellate judgment, a Cassation appeal pursuant to Article 360, paragraph 1, no. 4, of the c.p.c. for total absence of reasoning) or through an independent action for negative ascertainment ("actio nullitatis"), which can be brought at any time.

This ruling emphasizes that the voidness of a judgment is not merely a technical error but a substantive issue that can compromise the entire legal process. Interested parties can avail themselves of various means of appeal, such as a Cassation appeal, or initiate an independent action for negative ascertainment, known as "actio nullitatis." This action can be filed at any time, thus providing parties with a degree of flexibility in protecting their rights.

Legal References and Case Law

The Court referred to fundamental provisions of the Code of Civil Procedure, particularly Articles 395 and 360, which deal with the voidness of judgments and the methods of appeal, respectively. It is interesting to note how this ruling fits into a jurisprudential line already established by previous decisions, such as rulings No. 40883 of 2021 and No. 9910 of 2021, which have addressed similar issues.

• Art. 395 c.p.c. - Voidness of judgments
• Art. 360 c.p.c. - Grounds for Cassation appeal
• Related rulings: No. 40883 of 2021, No. 9910 of 2021