The recent ruling by the Court of Cassation, No. 24732 of 2024, provides significant insights regarding support administration, a topic of increasing relevance in civil law. The judgment addressed a case in which the appointment of a support administrator generated family conflicts, raising crucial questions related to the procedural capacity of the beneficiary and the legitimacy of legal representation.
In the case at hand, A.A., the beneficiary of the support administration, had chosen his wife as a potential administrator, but the Court of Appeal appointed a lawyer, B.B., due to family conflicts. This decision raised the issue of the legitimacy and necessity of such an appointment, given that the beneficiary had clearly expressed his preference. This aspect is fundamental, as Italian law (Art. 408 c.c.) establishes that the will of the beneficiary must be respected.
The will of the beneficiary must, as far as possible, be respected, especially when expressed in the choice of the administrator.
The Court reiterated a fundamental principle: even if a support administrator is appointed, the beneficiary retains the capacity to act in court. The judgment emphasizes that support administration should be viewed as a personalized measure that takes into account the needs and context of the individual, avoiding standardized approaches. This approach aligns with the principles of protecting fundamental rights, as established in the Italian Constitution (Arts. 24 and 111).
Another relevant aspect that emerged from the judgment concerns the procedure for appointing the administrator. The Court found that the technical consultancy, which formed the basis of the decision to open the administration, was flawed due to the lack of participation of the beneficiary's lawyer. The presence of legal counsel is indeed a guaranteed right that cannot be denied. The Court therefore annulled the provision, highlighting the importance of adversarial proceedings and the active participation of the beneficiary and their counsel.
In conclusion, judgment No. 24732 of 2024 represents an important step forward in protecting the rights of beneficiaries of support administration. It reaffirms the individual's right to actively participate in the process concerning them, emphasizing the need for a careful and personalized assessment of their needs. This approach not only respects the dignity of the person but also ensures that protective measures do not become a means of unjustified limitation of individual freedom.
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abduction of minors abuse acceptance acceptance of inheritance accumulation of claims action for reduction adjustments adoptability adoption adult children adults adversarial proceeding agreements agricultural contract agriculture alimony allocation of the marital home allowance review ascendants assessment notice assignment of family home assisted negotiation autonomy bare ownership Bergamo best interest of the child best interests of the child biological truth biparentality birth grant building cooperative burden of proof cancellation capacity to understand case law Cassation Cassation ruling change of residence charge child abduction child custody child hearing child protection Child Rights child support child's best interest child's hearing children children's needs children's rights children's welfare children’s rights civil law civil liability civil status acts civil union co-declarant co-ownership co-parenting cohabitation cohabitation more uxorio collation compensatory liability conflict of interest consensual separation consent Constitutional Court contractual resolution court Court of Appeal Court of Brescia Court of Cassation Court of Crotone Court of Justice of the EU Court of Verona creditor protection creditors crime criminal law custody custody of minors custody rights damages compensation defense rights denial disability law disciplinary responsibility dismissal dispute division among heirs divorce divorce alimony divorce allowance divorce settlement documentary evidence domestic violence donation donations dual parenthood dual parenting duty of abstention economic conditions economic disparity economic equity economic independence economic responsibility economic self-sufficiency emergency removal emotional bonds emotional stability employability equity European Court of Justice European justice European protection order evasion evidence exclusive custody expulsion extraordinary expenses family family cohabitation family conflict family 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support administration support administrator Supreme Court Supreme Court 2024 Supreme Court ruling surrogacy survivor's pension suspensive condition Swiss law tacit acceptance tax litigation taxation technical consultancy territorial jurisdiction testamentary capacity testamentary succession testamentary successions testamentary will testator's intention testimony transfer transfer of minors Turin ruling Ukraine unconstitutional illegitimacy unlawful detention unlawful interference usufruct victim protection video recording violation violation of family assistance violence visitation visitation rights welfare of minors will will of the beneficiary women's rights work worker protection