Solidarity in Civil Liability: Commentary on Ordinance No. 20170 of 2024

The recent Ordinance No. 20170 of July 22, 2024, from the Court of Cassation has provided an important clarification regarding civil liability and compensation for damages. In a context where it is crucial to understand the implications of solidarity among multiple perpetrators of a wrongdoing, the Court has reaffirmed some essential principles that deserve careful analysis.

The Principle of Solidarity in Civil Liability

The judgment in question addresses a critical issue: solidarity among co-obligors in the compensation for damages. According to the Court, when multiple subjects are considered responsible for a damage, the gradation of their faults serves only to determine how to internally distribute the compensated sum. It does not represent a waiver of solidarity. Therefore, the injured party has the right to request full compensation from any one of the perpetrators, regardless of the gradation of liabilities.

  • Solidarity implies that each co-obligor is responsible for the entire amount of the damage.
  • The injured party can choose whom to request compensation from, without compromising rights against the other co-obligors.
  • The right to full compensation remains unchanged even if the injured party has only sued one of the co-responsible parties.
SOLIDARITY - INTERNAL AND EXTERNAL RELATIONSHIP Plurality of possible authors of the damage - Lawsuit against only one of them - Waiver of solidarity - Exclusion - Consequences - Case.

The Case Addressed by the Court

In the specific case, the Court confirmed the judgment of the Court of Appeal of Rome, which recognized the right of the insurance company of a vessel that sank during a transfer to be compensated by all those responsible for the accident. It is interesting to note that, although the action in subrogation was initiated only against some collaborators of the motor boating company, the right to compensation remained intact. This underscores how the injured party need not worry about limiting their legal actions to a few subjects, but can instead pursue the entire amount of the damage even from just one of them.

Conclusions

In conclusion, Ordinance No. 20170 of 2024 provides an important legal certainty in the realm of civil liability. The Court of Cassation has reaffirmed that solidarity among co-obligors does not diminish if the injured party decides to act against only one of them. This ruling represents a protection for the rights of the injured parties, ensuring them the possibility of obtaining full compensation, without having to worry about the internal distribution of responsibilities. It is a fundamental principle that confirms the protective function of civil law towards those who have suffered damage.

Bianucci Law Firm