Order no. 15653 of 2024: Tolerance and Usucaption in Italian Jurisprudence

The recent order no. 15653 of 2024, issued by the Court of Cassation, proves to be of great importance for understanding the matter of usucaption and related exceptions. The ruling, which involves two parties, G. (T. G.) and G. (B. G.), clarifies some fundamental aspects regarding tolerance in the possession of assets and the deductibility of exceptions in the appeal phase.

Context of the Ruling

The order analyzes the situation where an owner disputes the possession of an asset by a supposed possessor, arguing that such possession occurred due to mere tolerance. The Court establishes that this argument represents an exception in a broad sense, which can also be raised in appeal, provided that the facts are adequately proven and respect evidentiary preclusions.

Headnote of the Ruling

Tolerance - Relative Exception - Nature of Exception in a Broad Sense - Consequences - Deductibility for the First Time on Appeal - Conditions. In matters of usucaption, the owner's argument that the asset was enjoyed by the alleged possessor due to mere tolerance constitutes an exception in a broad sense and, therefore, can be raised for the first time even on appeal, provided that the proof of the relevant facts emerges from the evidentiary material collected in compliance with evidentiary preclusions, as the prohibition under art. 345 c.p.c. concerns only exceptions in a strict sense, i.e., exclusively reserved to the party and not subject to ex officio consideration.

This headnote highlights how tolerance, in contexts of possession, should not be underestimated. The Court clarifies that the owner of an asset can raise the exception of tolerance even at a later stage, provided there is concrete evidence to support their claim. This aspect is crucial, as it offers greater flexibility to the parties involved in a legal dispute.

Legal Implications

The ruling refers to several articles of the Civil Code, including:

• Art. 1140: Deals with possession.
• Art. 1144: Concerns usucaption.
• Art. 1158: Regulates possession and its protection.

Furthermore, Article 345 of the Code of Civil Procedure is cited, which establishes the rules for exceptions in the appeal phase. This regulation is fundamental to understanding the legal context in which the Court's decision is placed, highlighting how jurisprudence can influence the way law is applied in practical situations.

Conclusions

In conclusion, order no. 15653 of 2024 represents an important milestone in Italian jurisprudence concerning usucaption and tolerance. It not only clarifies the methods for deducting exceptions but also offers relevant insights for managing legal disputes regarding possession. It is essential for legal professionals to consider these developments in order to ensure the correct application of the rules and effective defense of their clients' rights.