Commentary on the Judgment of the Court of Cassation, Section I, No. 34950 of 2022: Recognition of Paternity and Parental Obligations

The judgment No. 34950 of November 28, 2022, by the Court of Cassation provides important insights into the issue of recognition of paternity and parental obligations. Specifically, the case examined concerns the appeal of A.A. against the judgment of the Court of Appeal of Bolzano, which had rejected the request for a declaration of paternity against B.B. and deemed the evidence presented by the appellant inadequate.

The Issue of Evidence and Testimony

One of the crucial points of the judgment concerns the assessment of the testimony of the appellant's mother, C.C. The Court of Appeal had considered her testimony insufficient, in the absence of further confirmations. However, the Court of Cassation upheld the first reason for the appeal, emphasizing that the credibility of the testimony cannot be excluded a priori simply because the witness is a relative of one of the parties. This aspect is of fundamental importance, as it highlights how testimonial evidence, particularly in family matters, should be evaluated with more open criteria than those applied by the Court of Appeal.

The ability to testify differs from the assessment of the witness's credibility, operating on different planes.

Clues and Parental Responsibilities

The Court of Cassation reiterated that awareness of parenthood can be inferred from unequivocal clues, such as having had unprotected sexual intercourse during the conception period. Furthermore, the judgment clarifies that the claim for damages arising from the violation of the child's rights presupposes the existence of intent or negligence on the part of the parent. The Court criticized the decision of the Court of Appeal to consider certain evidentiary elements as neutral, emphasizing that each clue, although isolated, may acquire probative value when considered as a whole with other elements.

• The testimony of the mother cannot be excluded due to familial ties.
• Awareness of paternity can emerge from clues and behaviors.
• The evaluation of clues must be comprehensive and not atomistic.

Conclusions

In conclusion, judgment No. 34950 of 2022 represents an important step forward in recognizing the rights of children and the responsibilities of parents. It emphasizes the need for a more flexible approach in assessing evidence in family matters, recognizing the value of testimonies and clues in constructing judicial truth. By accepting the appellant's reasons, the Court of Cassation has opened the door to a new evaluation by the Court of Appeal, stressing the protection of minors' rights and the importance of adequate parental responsibility.