Commentary on Ordinance Judgment No. 11422 of 2024: Blank Endorsement and Abuse of Blank Endorsement

The ordinance no. 11422 of April 29, 2024, issued by the Court of Appeal of Milan, offers an important reflection on the issue of blank endorsement and its legal consequences. In particular, the case focuses on the distinction between filling absque pactis and filling contra pacta, clarifying the responsibilities of the parties involved.

The Context of the Judgment

In the specific case, the Court addressed the issue of signing a document left blank, analyzing the implications of such an act. The judgment clarifies that filling absque pactis represents a material falsehood, as it transforms the original document into something different, while filling contra pacta, or abuse of blank endorsement, occurs when there is a violation of the agreement on filling.

  • Filling absque pactis: material falsehood
  • Filling contra pacta: violation of the agreement
  • Abuse of blank endorsement: legal consequences

Analysis of the Maxim

Blank endorsement - Filling contra pacta - Violation of the negative filling agreement - Abuse of blank endorsement - Existence - Consequences - False complaint - Necessity - Exclusion. In the case of signing a document in blank, filling absque pactis consists of a material falsehood realized by transforming the document into something different from what it was previously, while filling contra pacta (or abuse of blank endorsement) consists of a default arising from the violation of the mandatum ad scribendum, which can have both a positive and negative content; it follows that even the violation of an agreement on filling with negative content (such as that which imposes on the recipient of the document the obligation not to complete it) constitutes an abuse of blank endorsement, the demonstration of which does not burden the party who raises it with the proposal of a false complaint.

This maxim highlights the delicacy of the situation related to signing in blank. It is essential that the parties involved clarify their intentions and obligations to avoid encountering potentially serious legal issues, such as the violation of the mandatum ad scribendum, which can have significant consequences.

Conclusions

In summary, ordinance no. 11422 of 2024 represents an important reference point for understanding the legal dynamics related to blank endorsement and abuse of blank endorsement. The judgment underscores the importance of respecting agreements and maintaining clear conditions for any documentary transaction. Parties must always keep in mind the risks associated with such practices, to protect their rights and avoid future disputes.

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