Commentary on Judgment no. 196 of 2025: Change of Damages Claim

The recent judgment of the Court of Appeal of Bari, no. 196 of January 7, 2025, addressed a crucial issue in civil law: the possibility of modifying the basis of liability on appeal, a matter of practical and theoretical relevance for those involved in damages claims. The Court ruled that, under certain conditions, it is possible to propose a claim for liability different from the one originally formulated, without prejudice to the opposing party's right to defence.

Context of the Judgment

In the case examined, the initial claim was brought under Article 2050 of the Italian Civil Code, concerning damages caused by dangerous activities. However, on appeal, the plaintiff intended to modify the basis of liability by invoking Article 2051 of the Italian Civil Code, which deals with liability for damage caused by things in custody. The Court analysed whether such a change was admissible, taking into account civil procedural rules and the right to adversarial proceedings.

In general. In the case of an original claim for damages under Article 2050 of the Italian Civil Code, the subsequent proposal, on appeal, even in the final submissions, of liability under Article 2051 of the Italian Civil Code is admissible if the party has promptly alleged, in the first instance, in a sufficiently clear and precise manner, the factual situations capable of constituting such a basis for liability, because the change in the basis of liability is admissible provided that the facts originally forming the basis of the claim are not modified and the opposing party has therefore been able to defend itself and make counter-arguments also with reference to the different factual situation of liability.

Analysis of the Maxim

The maxim presented is indicative of a fundamental principle of procedural law: the respect for the right to defence. The Court clarified that, for the change in the basis of liability to be legitimate, it is necessary that the facts on which the action is based are not modified. This means that the plaintiff must have provided, from the outset, sufficient evidence and contextualisation of the facts, so that the opposing party can adequately defend itself.

• Clarity of factual situations;
• Timeliness in alleging evidence;
• No modification of the original underlying facts.

Practical Implications

This judgment has significant practical implications for lawyers and parties involved in damages litigation. It offers the possibility to adapt legal strategies based on the evolution of the proceedings and emerging evidence, while ensuring respect for procedural rights. The decision of the Court of Appeal of Bari aligns with the principles of flexibility and justice of the Italian legal system, promoting an approach that favours the fair resolution of disputes.

Conclusions

In conclusion, judgment no. 196 of 2025 represents a significant step in Italian civil law, highlighting the importance of a fair process that respects the rights of the parties. Lawyers must be prepared to leverage the opportunities offered by such case law to better protect the rights of their clients, always in compliance with current legislation and the principles of correctness and procedural fairness.