The Judgment No. 9542 of 2024 on Civil Prescription and Its Interruption

The recent judgment No. 9542 of April 9, 2024, issued by the Court of Cassation, has raised important questions regarding civil prescription and its mechanism of interruption. In particular, the Court clarified that the prescription is interrupted by the filing of a judicial claim, not running until the judgment that resolves the case becomes final. This ruling fits into a complex legal context, where understanding such mechanisms is fundamental for the protection of the rights of the parties involved.

The Content of the Judgment

The Court, presided over by L. T. and reported by C. P., addressed the case of R. (S.) against L., rejecting the appeal filed. The key point of the judgment establishes that:

Prescription - Judicial claim - Interruption - Duration and extension. The prescription, interrupted by the filing of a judicial claim, does not run until the moment the judgment that resolves the case becomes final, even for rights that are causally related, even in a subordinate way, to the unitary relationship raised by the main claim.

This formulation highlights a fundamental principle: the filing of a judicial claim not only interrupts the running of the prescription but also extends this interruption to all related rights, even if subordinate. This clarification is of great relevance, as it provides broader legal protection to the plaintiffs, allowing them to pursue a case without the fear of being deprived of rights due to the mere passage of time.

Practical Implications of the Judgment

The practical implications of this judgment mainly concern the following aspects:

  • Clarity on the duration of the interruption of the prescription.
  • Protection of secondary rights in relation to the main claim.
  • Reinforcement of legal certainty, preventing the running of the prescription from compromising legitimate rights.

This is an important step towards a jurisprudence that aims to better protect the rights of citizens, aligning with the principles of justice and equity. Furthermore, this ruling connects to Italian regulations, such as Articles 2943 and 2945 of the Civil Code, which govern the topic of prescription and its interruption.

Conclusions

Judgment No. 9542 of 2024 represents an important evolution in Italian jurisprudence concerning civil prescription. The decision of the Court of Cassation provides a clear and reassuring framework for those who need to manage situations of potential prescription of their rights. Understanding these mechanisms is fundamental for every legal operator and for the citizens themselves, who must be informed of their rights and the ways to protect them in court.

Bianucci Law Firm