Revocation of Donation for Ingratitude: Reflections on Judgment Cass. civ., Sec. II, Ord. no. 32682 of 2024

The recent judgment of the Court of Cassation, no. 32682 of 2024, offers important food for thought 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 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 assess whether A.A.'s conduct could constitute a grave insult towards B.B., justifying the revocation of the donation.

Context of the Judgment

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

The violation of the donor's dignity stemmed from the fact that the donee, although she had already entered into the new relationship, had not communicated 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 gift 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 judgment clarified that, although there was no marital bond, moral and social duties still existed between cohabiting partners, which A.A. had clearly violated. The manner in which the new relationship came to light, including cohabitation with the new partner in the donated apartment, was considered a grave insult.

• Donation is an act of liberality that presupposes a feeling of gratitude.
• The conduct of the donee must respect the dignity of the donor.
• The violation of these principles can lead to the revocation of the donation.

Conclusions

Judgment no. 32682 of 2024 by the Court of Cassation represents an important precedent in matters of revocation of donation for ingratitude. It emphasizes how cohabitation relationships, even if not formally regulated by marital ties, still involve moral obligations between the parties. The donor's dignity must be respected, and any conduct that harms it can justify the revocation of the gift. This decision highlights the need for respectful conduct and open communication between the parties to avoid situations of grave ingratitude that could undermine affective bonds.