Donation and ingratitude: commentary on the ruling of the Court of Cassation no. 9055/2022

The recent ruling of the Court of Cassation no. 9055 of March 21, 2022, offers an interesting reflection on the revocation of donations for ingratitude, a topic of great relevance in civil law. The Court upheld the decision of the Court of Appeal of L'Aquila, which had accepted the request for revocation of the donation made by D.A.W. against the nephew D.A.M., highlighting the acts of ingratitude of the donee.

The context of the ruling

The issue arose from a donation of real estate made by D.A.W. in favor of the nephew D.A.M. However, the donor requested the revocation of the donation, arguing that the behavior of the donee had been injurious and harmful to her assets. In particular, D.A.M. had been involved in aggressive behaviors, documented by testimonies and coercive measures, which led to the decision to revoke the donation.

• Seizure of the garage owned by the donor;
• Aggressive behaviors documented by videos;
• Ongoing criminal proceedings against D.A.M. for harassment.

The serious harm to the donor's assets deliberately caused by the donee, required, pursuant to art. 801 of the Civil Code, as a necessary prerequisite for the revocability of a donation for ingratitude, must be caused with the deliberate intent to harm the donor.

Analysis of the grounds for appeal

D.A.M. appealed against the ruling, articulating several grounds. However, the Court of Cassation deemed the grounds presented inadmissible and unfounded, confirming the assessment of the facts made by the lower courts. In particular, the Court emphasized that D.A.M.'s behavior was characterized by a conduct of ingratitude that justified the revocation of the donation.

The Court reiterated that, to establish ingratitude, there must be behavior from the donee aimed at harming the moral and material assets of the donor. In this case, D.A.M.'s behaviors were considered an expression of a deep aversion towards the donor, a fundamental element for the revocation of the donation.

The legal consequences

The ruling in question offers important insights into the legal consequences of the revocation of donations for ingratitude. In particular, it highlights how aggressive and injurious behaviors can lead to a reassessment of property rights between donor and donee. The decision of the Court of Cassation reaffirms the importance of protecting the moral assets of the donor, recognizing the legitimacy of revocation in the presence of acts of ingratitude.

Conclusions

In conclusion, the ruling no. 9055 of 2022 of the Court of Cassation represents an important pronouncement regarding donations and ingratitude. It clarifies the necessary conditions for the revocation of a donation, highlighting the relevance of the donee's behaviors and their impact on the donor's assets. The lower court decisions were deemed appropriate and supported by adequate evidence, emphasizing the importance of a careful examination of the conduct of the parties involved.