Cass. Civ., Sez. VI - 3, Ord. n. 8218/2021: Civil Liability and the Damage from Loss of Parental Relationship
The recent ruling of the Court of Cassation no. 8218 of 2021 offers an important opportunity for reflection on the criteria for compensation for the loss of parental relationships. The decision, which confirmed the rejection of the compensation claim by D.I.N., D.I.R., and D.I.I. for the death of their aunt, raised questions about the legitimacy of non-cohabiting heirs and the assessment of emotional bonds.
Context of the Ruling
The case originated from a traffic accident in which the aunt of the petitioners died. The Court of Velletri and subsequently the Court of Appeal of Rome excluded the petitioners' legitimacy to compensation, based on the lack of cohabitation with the deceased. In particular, the Court referred to the principle that, for individuals outside the narrow family unit, cohabitation is necessary to attest to the intimacy of emotional relationships.
Analysis of the Motivation of the Court of Cassation
The contested ruling, assigning decisive weight to the lack of a cohabitation relationship, stands in diametrically opposed perspective to the correct legal reconstruction.
The Court of Cassation accepted the petitioners' appeal, arguing that the judgment rule applied by the Court of Appeal was erroneous. The judges emphasized that cohabitation should not be considered an exclusive requirement for recognizing the right to compensation for the damage from loss of parental relationship. In fact, cohabitation might only be one evidentiary element among many, and not an indispensable criterion.
- The family cannot be limited to the nuclear family alone.
- Emotional relationships can exist even outside of cohabitation.
- It is necessary to provide rigorous evidence of the elements that attest to the injury of the parental relationship.
Conclusions
Ruling no. 8218 of 2021 represents an important step forward in Italian jurisprudence concerning compensation for non-pecuniary damage. It reaffirms that emotional bonds, even in the absence of cohabitation, can justify the request for compensation for the loss of a family member. This orientation invites broader reflection on the definition of family and emotional bonds, which cannot be reduced to mere formal requirements.
