The Revocation of the Donation for Ingratitude: Reflections on the Ruling of the Court of Cassation, Sec. II, Ord. No. 32682 of 2024

The recent ruling of the Court of Cassation, No. 32682 of 2024, provides important insights regarding donations and the possibility of revoking them for ingratitude. In this case, the donor, B.B., had donated an apartment to his partner A.A., but just a few days after the donation, the situation between the two deteriorated due to the discovery of a new relationship by the donee. This situation led the Court to evaluate whether A.A.'s conduct constituted a serious offense against B.B., justifying the revocation of the donation.

The Context of the Ruling

According to the reconstruction of the facts, B.B. and A.A. had been living together since 2008, culminating in the donation of the apartment in 2016. However, just a few days after the donation, B.B. discovered that A.A. had started a relationship with another man. The Court of Appeal in Genoa, accepting B.B.'s appeal, considered that A.A.'s conduct was characterized by ingratitude, undermining the dignity of the donor. Article 801 of the Civil Code establishes that a donation can be revoked for ingratitude if the donee commits acts that seriously offend the donor.

The injury to the dignity of the donor arose from the fact that the donee, despite having already begun the new relationship, did not communicate it to the donor, showing disrespectful behavior.

The Court's Reasoning

The Court highlighted how A.A.'s conduct was premeditated and aimed at obtaining the donation without any feeling of gratitude. In particular, it emerged that A.A. had consulted a notary before the donation, demonstrating the intention to free herself from the bond with B.B. The ruling clarified that, although there was no marital bond, there were still moral and social duties between the cohabitants, which A.A. evidently violated. The manner in which the new relationship was revealed, including cohabitation with the new partner in the donated apartment, was considered a serious offense.

• The donation is an act of generosity that presupposes a feeling of gratitude.
• The behavior of the donee must respect the dignity of the donor.
• Violating these principles can lead to the revocation of the donation.

Conclusions

The ruling No. 32682 of 2024 by the Court of Cassation represents an important precedent regarding the revocation of donations for ingratitude. It emphasizes that cohabitation relationships, although not formally regulated by marital bonds, still entail moral obligations between the parties. The dignity of the donor must be respected, and any conduct that undermines it can justify the revocation of the donation. This decision underscores the need for respectful conduct and open dialogue between the parties to avoid falling into situations of serious ingratitude that may undermine emotional bonds.