Recognition of paternity and compensation for damages: analysis of the ruling Cass. civ. n. 31552/2024

The ruling of the Court of Cassation, n. 31552 of 2024, offers important insights into the delicacy of the dynamics of paternity recognition and the related compensation for damages. In this case, the subject of the dispute was the limitation of damages to the period of minority, excluding the damage suffered by the plaintiff after reaching adulthood. The Court reiterated the necessity for an accurate and specific analysis of the facts, rather than an abstract application of the rules.

The context of the ruling

In the case at hand, the Court of Monza recognized B.B. as the biological father of A.A., condemning him to compensate for the damage suffered by the child. However, the Court of Appeal of Milan limited the compensation to the period of minority only, stating that after reaching the age of 18, the father's absence would not have a significant impact on A.A.'s life.

This Court highlighted that the assessment of the child's suffering cannot be limited to the first eighteen years of life, as parental abandonment is a permanent offense that can persist over time.

The arguments of the Court of Cassation

The Court of Cassation accepted A.A.'s appeal, deeming the limitation of damages to the period of minority as erroneous. It emphasized that the suffering caused by the father's absence can continue even after reaching the age of 18, as parental abandonment does not cease with the attainment of adulthood. Furthermore, the Court criticized the Court of Appeal for failing to provide adequate reasoning for the reasons behind the limitation of compensation, arguing that the abstract assessment was unfounded.

• The violation of parental duties can constitute a civil offense, with the right to compensation.
• The damage suffered by the child must be assessed in proportion to the impact of the father's absence.
• The lack of family relationship is a fundamental element for the assessment of the damage.

Conclusions

The ruling of the Court of Cassation n. 31552 of 2024 represents a significant step in the protection of children's rights, emphasizing the importance of a comprehensive analysis of the circumstances of each case. It invites consideration not only of the period of minority but also of how the father's absence can influence the child's life even in adulthood. The Court underscored that compensation must be fair and proportional, taking into account the specificity of situations and the damages actually suffered.