Commentary on Judgment No. 51160 of 2023: Proof of Damages in Compensation

The recent judgment No. 51160 of October 31, 2023, issued by the Court of Cassation, offers important insights into the issue of proof of damages in the context of compensation. In particular, the Court clarified that for a general award of compensation, concrete proof of the existence of compensable damages is not required; it is sufficient to demonstrate the potential harmfulness of the act and the causal link with the alleged prejudice.

The Legal Context of the Judgment

The judgment under review is part of a broader legal debate concerning compensation for damages, which can be claimed following harmful events. According to Article 539, paragraph 1, of the New Code of Criminal Procedure, it is essential to clarify that the ascertainment of a potentially damaging act can be sufficient to obtain compensation. This approach aligns with established jurisprudence, as highlighted by decision No. 9266 of 1994.

Proof of the actual existence of damages and the causal link - Necessity - Exclusion - Ascertainment of a potentially damaging act - Sufficiency. For the purpose of a general award of compensation for damages, proof of the concrete existence of compensable damages is not required; it is sufficient to ascertain the potential harmfulness of the damaging act and the existence of a causal link between it and the alleged prejudice, which can also be inferred presumptively. (Conf.: No. 9266 of 1994, Rv. 199071-01).

Practical Implications of the Judgment

The Court's decision has significant practical implications for legal professionals and parties involved in compensation litigation. In particular, it clarifies that:

• Proof of potential harmfulness is sufficient for an award of compensation.
• The causal link does not need to be proven rigorously but can also be inferred presumptively.
• Previous jurisprudential maxims confirm this interpretation, creating an important precedent for future cases.

Conclusions

Judgment No. 51160 of 2023 represents a step forward in simplifying the proof required for compensation of damages. The ability to demonstrate the potential harmfulness of the act and the causal link indirectly facilitates access to justice for victims of damages. It is therefore crucial for lawyers and jurists to consider these indications in their professional activities, so that victims can obtain fair compensation for the damages suffered.