Solidarity in Civil Liability: Commentary on Order No. 20170 of 2024

The recent Order No. 20170 of July 22, 2024, from the Court of Cassation has provided important clarification on civil liability and compensation for damages. In a context where it is crucial to understand the implications of solidarity among multiple perpetrators of a wrongful act, the Court has reiterated some essential principles that deserve careful analysis.

The Principle of Solidarity in Civil Liability

The judgment under review addresses a crucial issue: solidarity among co-obligors in compensating for damages. According to the Court, when multiple parties are held responsible for damage, the gradation of their fault serves only to establish how the compensated sum is to be internally distributed. This does not constitute a waiver of solidarity. Therefore, the injured party has the right to claim full compensation from only one of the perpetrators, regardless of the gradation of responsibilities.

• Solidarity implies that each co-obligor is responsible for the entire amount of the damage.
• The injured party can choose whom to claim compensation from, without prejudice to their rights against other co-obligors.
• The right to full compensation remains unaffected even if the injured party has sued only one of the co-perpetrators.

SOLIDARITY - INTERNAL AND EXTERNAL RELATIONSHIP Plurality of potential perpetrators of damage - Legal action against only one of them - Waiver of solidarity - Exclusion - Consequences - Case law.

The Case Dealt With by the Court

In the specific case, the Court upheld the judgment of the Court of Appeal of Rome, which recognized the right of the insurance company of a sunken vessel during a transfer to be compensated by all those responsible for the incident. It is interesting to note that, even though the subrogation action was initiated only against some collaborators of the motorboat company, the right to compensation remained intact. This highlights how the injured party does not need to worry about limiting their legal actions to a few individuals, but can instead pursue the full amount of the damage even from just one of them.

Conclusions

In conclusion, Order No. 20170 of 2024 provides important legal certainty in the landscape of civil liability. The Court of Cassation has reiterated that solidarity among co-obligors does not cease if the injured party decides to take action against only one of them. This ruling represents a protection for the rights of the injured parties, guaranteeing them the possibility of obtaining full compensation, without having to worry about the internal distribution of responsibilities. It is a fundamental principle that confirms the protective function of civil law towards those who have suffered damage.