Commentary on Judgment No. 23233 of 2024: Clarifications on Compensation Claims

The recent order No. 23233 of August 28, 2024, issued by the Court of Cassation, offers important clarifications regarding compensation claims in civil liability matters. This ruling is particularly significant for lawyers and legal professionals, as it touches upon fundamental aspects concerning the methods of submitting compensation requests and the necessary specifications by the plaintiff.

Context of the Judgment

In the specific case, the dispute involved S. (S. M.) and G. (M. L.), with the Court of Appeal of Florence having already examined the matter. The judgment under review emphasizes that a compensation claim, even in the absence of specific details, must still refer to all possible heads of damage arising from the defendant's conduct. This aspect is crucial because it highlights that a lack of specifics does not preclude the possibility of obtaining compensation, provided that the plaintiff clearly indicates the facts they consider to be harmful to their rights.

The Court's Ruling and Regulatory Implications

Damage from civil liability - Compensation claim - Absence of specific details - Reference to all possible heads of damage attributable to the defendant's conduct - Admissibility - Burden to indicate the constitutive facts of the claim - Necessity - Case concerning alleged violation of art. 163 of the Code of Civil Procedure. In matters of civil liability, a claim by which a party seeks compensation for damages caused by a specific conduct of the defendant, without further specifications, refers to all possible heads of damage arising from that conduct, provided that, where the compensation claim concerns the violation of a so-called "hetero-determined" right, the plaintiff expressly indicates the constitutive facts that are alleged to have infringed their right. (In this case, the Supreme Court ruled that the decision under appeal did not violate art. 163, paragraph 3, of the Code of Civil Procedure, by allowing the plaintiff to specify the heads of damage only in the concluding brief).

This ruling provides a clear framework regarding the plaintiff's burden of proof. In particular, it is essential for those seeking compensation to be able to precisely indicate the facts they consider damaging, even if they are not obliged to specify every single head of damage. The relevant regulations, including Article 2043 of the Civil Code and Article 163 of the Code of Civil Procedure, highlight the importance of correctly formulating a compensation claim.

Conclusions

In conclusion, order No. 23233 of 2024 by the Court of Cassation represents a step forward in defining the procedures for requesting damages in civil matters. The judgment clarifies that it is possible to claim compensation for all heads of damage, provided that the constitutive facts of the claim are indicated. This principle offers a greater degree of protection for individuals involved in civil liability situations, allowing them to assert their rights more effectively.