Commentary on Order No. 18232 of 2024: Res Judicata and Guarantees

The recent Order No. 18232 of July 3, 2024, issued by the Court of Cassation, offers food for thought on the effectiveness of res judicata and its application in matters of guarantees. With a particular focus on the identity of the parties and the requirements of the "petitum" and "causa petendi," the ruling clarifies the limits within which res judicata can be invoked, highlighting the importance of considering the diversity of the objects of litigation.

The Legal Context of the Ruling

The Court, presided over by C. De Chiara and reported by M. Marulli, addressed a crucial issue: the authority of substantive res judicata operates only within the strict limits of the constituent elements of the action. Specifically, it is necessary for the cases under examination to share not only the parties but also the "petitum" and the "causa petendi."

(PRECLUSIONS) Requirements - Identity of Parties - "Petitum" and "Causa Petendi" - Necessity - Factual Situation. The authority of substantive res judicata operates only within the strict limits of the constituent elements of the action and therefore presupposes that the previous case and the current one have in common, in addition to the parties, also the "petitum" and the "causa petendi," with any identity of legal or factual issues to be examined to reach a decision being irrelevant for this purpose. (In this case, the Supreme Court excluded that the res judicata on the effectiveness of a guarantee, formed in another proceeding between the creditor and one of the guarantors, had effects on the revocatory action brought by the creditor against a donation by another guarantor, due to the diversity of the object of that judgment and the presence therein of a party extraneous to the previous proceeding).

Implications of the Ruling

This ruling has significant implications for creditors and guarantors involved in guarantee proceedings. In particular, it clarifies that res judicata concerning the effectiveness of a guarantee in one proceeding does not affect a revocatory action regarding a donation made by another guarantor. This is because the judgments are different and the parties involved are not the same.

• Identity of Parties: It is essential that the same parties are involved in both actions.
• Petitum and Causa Petendi: These must be identical to invoke res judicata.
• Object of the Judgment: The diversity of the object prevents the application of the effectiveness of res judicata.

Conclusions

In summary, Order No. 18232 of 2024 represents an important clarification on matters of res judicata and guarantees. The decision of the Court of Cassation underscores the need to respect the fundamental requirements for the authority of res judicata to be applied. Legal professionals must pay particular attention to these aspects to ensure the correct management of disputes, avoiding misunderstandings and legal conflicts arising from an incorrect interpretation of res judicata.