The recent ordinance no. 10519, issued by the Court of Cassation on April 18, 2024, offers an important reflection on legitimacy to sue, particularly regarding actions brought by heirs. This decision clarifies how a person wishing to act as an heir must prove their legitimacy, in accordance with Article 2697 of the Civil Code. But what does this concretely mean for everyday legal practice?
According to the ordinance, anyone who initiates legal action as an heir of another person must provide proof of their legitimacy. This implies that the individual must demonstrate that they have stepped into the same position as the deceased, the original holder of the right. In particular, it is necessary to provide evidence of the death of the original party and of one's status as an heir.
(POWERS OF THE JUDGE) - LEGITIMACY TO SUE "ad causam" - Status of heir of the plaintiff (or defendant) - Proof - Burden - Object. In terms of legitimacy to sue, anyone who initiates action (or conversely contests it) in the asserted capacity of heir to another person, identified as the original holder of the right, must attach proof of their legitimacy for having taken the same position as their predecessor, providing evidence, in compliance with the burden established by Article 2697 of the Civil Code, of the death of the original party and their status as an heir; otherwise, one of the constitutive facts of the right to act (or contest) remains unproven; concerning the inheritance claim, this burden - which is not fulfilled by the mere production of the inheritance declaration - is adequately met by producing civil status documents, from which it can be coherently inferred that kinship relationship with the deceased legitimizes the succession under Articles 565 et seq. of the Civil Code.
It is important to note that merely producing the inheritance declaration is not sufficient to satisfy the proof requirement. The ordinance clarifies that to fulfill this burden, it is essential to present civil status documents that demonstrate the kinship with the deceased. This is a crucial aspect, as the lack of such proof can lead to the invalidity of the legal action taken by the heir.
In summary, ordinance no. 10519 of 2024 offers an important guideline for lawyers and their clients regarding legitimacy to sue. The need to provide concrete evidence regarding the status of heir is not merely a formal issue, but represents a fundamental element for the validity of the legal action. Legal practitioners must therefore pay particular attention to these requirements to ensure that the rights of their clients are adequately protected.
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