The Ruling No. 11668 of 30/04/2024 and the Sponsorship Contract: A Clarification on the Written Form

The recent ruling no. 11668 of April 30, 2024, issued by the Court of Cassation, provides an important clarification regarding the written form in sponsorship contracts. In a legal context where the form of contracts plays a crucial role, the decision analyzes the requirement of the written form ad substantiam in contracts entered into with the Public Administration (P.A.), particularly in the case of the power of attorney granted to defenders.

The Context of the Ruling

The case in question involved R. (N.) and I. (R.), with the Court of Appeal of Catanzaro having already issued a ruling on the matter. The central issue revolved around the validity of the mandate to the defender in the absence of a formally written document. The Court, reiterating the importance of adhering to the written form, emphasized that the granting of the power of attorney pursuant to Article 83 of the Code of Civil Procedure is sufficient to meet the requirement of the written form.

The Principle of the Ruling

In general. In terms of the written form ad substantiam of P.A. contracts, the requirement is satisfied, in the sponsorship contract, with the granting of the power of attorney to the defender pursuant to Article 83 of the Code of Civil Procedure, since the exercise of judicial representation through the drafting and signing of the defensive act perfects, through the meeting of wills between the parties, the contractual agreement in written form, thus enabling the identification of the contractual content and the conduct of oversight by the supervisory Authority.

This principle clarifies that the granting of the power of attorney represents a fundamental act for the validity of the sponsorship contract, as it allows for the identification of the contractual content and ensures the necessary transparency for oversight by the competent authorities. The signing of the defensive act by the defender thus constitutes a clear and unequivocal manifestation of the parties' intent, thereby satisfying the written form requirements mandated by law.

Practical Implications for Defenders and Clients

The implications of this ruling are significant for all legal operators. In particular, they highlight the importance of:

  • Always issuing a written power of attorney to the defender, in order to ensure the validity of the mandate.
  • Ensuring that defensive acts are always signed by the legal representative.
  • Understanding that the written form is not just a formality, but an essential element for the protection of the rights of the parties involved.

The clarity and certainty of legal relationships are fundamental, and this ruling represents an important step towards greater protection of citizens' rights and better management of legal practices.

Conclusions

In conclusion, ruling no. 11668 of April 30, 2024, offers an important and useful interpretation concerning sponsorship contracts and the written form. It emphasizes how adherence to procedural norms is not merely a formal obligation but a necessity to ensure the validity of acts and the protection of the rights of justice users. It is essential for lawyers and clients to understand these dynamics to avoid future issues and ensure the proper conduct of legal practices.

Bianucci Law Firm