Order No. 22948 of 2024: Recognition of Debt and its Legal Validity

Recently, the Court of Cassation issued Order No. 22948 of August 20, 2024, providing important clarifications on the nature of debt recognition in civil matters. This legal principle, which plays a crucial role in disputes between landlords and tenants, deserves detailed analysis to understand its practical and legal implications.

Recognition of Right: Nature and Characteristics

The ruling establishes that the recognition of another's right is not a contractual act but a legal act of a non-receptive nature. This means that a specific intention to recognize the debt is not required from the party performing the act. It is sufficient that there is, even implicitly, a manifestation of awareness regarding the existence of the debt. Such awareness is fundamental, as it must demonstrate the voluntariness of the act itself.

Recognition of Right - Non-receptive Legal Act - Intention to Recognize - Necessity - Exclusion - Voluntariness of the Act and Awareness of the Debt's Existence - Sufficiency - Factual Circumstances. The recognition of another's right is not contractual in nature but constitutes a legal act in the strict sense, of a non-receptive character, which does not require the performer to have a specific intention to recognize. It is only necessary that it conveys, even implicitly, a manifestation of awareness of the debt's existence and reveals its voluntary nature. (In application of this principle, the Supreme Court confirmed the appealed judgment that had denied the status of debt recognition to payments made by the tenant to the landlord to avoid eviction for default, as the will to recognize the existence and amount of the debts was lacking).

Practical Implications for Landlords and Tenants

This order is particularly relevant in contexts of default, where a tenant may make payments to avoid eviction. However, as clarified by the Court, such payments cannot automatically be considered as an acknowledgment of debt if they do not express the will to recognize its existence and extent. In this regard, it is useful to consider the following aspects:

• The intention to acknowledge a debt must be clearly manifested and cannot be inferred solely from payment acts.
• Recognition implies an awareness of the debt situation, which must be demonstrated unequivocally.
• Parties must pay particular attention to the form and content of the acts they undertake to avoid misunderstandings and future legal issues.

Conclusions

In conclusion, Order No. 22948 of 2024 represents an important clarification on the nature of debt recognition. It underscores the importance of awareness and will in recognizing the rights of others, acting as a check on potential abuses in situations of default. Landlords and tenants would do well to carefully consider these indications to better manage their contractual relationships and prevent legal disputes.