The ruling no. 9063 of 2024 on the presumption of good faith in possession

Recently, the Court of Cassation with the order no. 9063 of April 5, 2024 addressed a highly relevant issue in civil law: the presumption of good faith in matters of possession. This legal principle, fundamental for the protection of the rights of possessors, was analyzed in the context of a dispute between the parties, Z. and F., before the Court of Appeal of Naples.

The principle of good faith in possession

Good faith is an essential element in the law of possession, as it affects the protection granted to possessors. According to the cited order, good faith is subject to a presumption iuris tantum, which means it is presumed until proven otherwise. This presumption is a principle established by the Italian Civil Code, particularly in Article 1147, which protects those who hold an asset as legitimate possessors.

  • The presumption of good faith applies automatically, unless proven otherwise.
  • This presumption can be rebutted through evidence or contrary presumptions.
  • The judge has the task of evaluating the evidence presented by the parties.

Analysis of the legal maxim

Possession - Good faith - Presumption iuris tantum - Rebuttal through presumptions or evidence - Admissibility. In matters of possession, good faith constitutes the subject of a presumption iuris tantum, which can also be overcome by contrary presumptions and simple evidence.

This maxim highlights the importance of good faith in the law of possession. The presumption of good faith is not absolute; it can be overcome by contrary evidence, which may consist of indications or circumstances demonstrating the bad faith of the possessor. This flexibility of the norm allows the legal system to adapt to concrete cases, ensuring a fair assessment of situations.

Conclusions

In conclusion, the order no. 9063 of 2024 of the Court of Cassation reaffirms the importance of the presumption of good faith in the law of possession, while at the same time recognizing the possibility of overcoming it through contrary evidence. This balance between the protection of the possessor and the need for material truth is fundamental to ensuring justice in legal disputes. Legal practitioners must pay attention to this aspect, as a correct interpretation and application of the norm can make a difference in the outcome of a case.

Bianucci Law Firm