The Supreme Court Ruling on Maintenance and Intra-Family Damages: A Case of Fundamental Importance

Ruling no. 9293 of the Supreme Court of Cassation, published on April 4, 2023, concerns a matter of great relevance in family law: the determination of maintenance payments and compensation for intra-family damages. This case offers a valuable opportunity to reflect on the rights of minors and the responsibilities of parents, highlighting the challenges related to the paternal figure and his role in the lives of his children.

The Context of the Ruling

The case at hand involves A.A. appealing against the ruling of the Court of Appeal of Naples, which had upheld the provisions of the Tribunal regarding the maintenance of his daughter C.C. and the recognition of intra-family damages. The Court established that A.A. was to pay a monthly contribution of 400 euros for his daughter's maintenance and compensation of 25,000 euros for the damages suffered by the minor due to his absence.

The ruling highlights how a father's absence can generate significant non-pecuniary damages, profoundly influencing the minor's life.

Key Legal Aspects

A key element of this ruling concerns the assessment of intra-family damages. The Court recognized that the father's absence caused prejudice to the daughter, linked to the deprivation of affection and moral support. This aspect connects to the principle of the protection of the minor, enshrined in Article 3 of the United Nations Convention on the Rights of the Child, which requires States to ensure the best interests of the child.

• The quantification of maintenance must take into account the superior needs of the minor.
• Compensation for intra-family damages can be awarded on an equitable basis, as established by art. 1226 of the Italian Civil Code.
• Jurisprudence has reiterated that the father's role cannot be overlooked in the context of a minor's upbringing.

Conclusions

The ruling of the Court of Cassation represents an important step forward in protecting the rights of minors. It reiterates that parents have the obligation to provide adequate economic and moral support to their children. At the same time, it highlights how the absence of one parent can result in non-pecuniary damages, requiring adequate compensation. In an ever-evolving legal landscape, it is crucial that rulings reflect the importance of the paternal figure and, more generally, of parental responsibility in the lives of minors. The Court of Cassation, with this order, not only provides legal clarity but also promotes greater awareness of the rights of the youngest.