Analysis of Judgment No. 28390 of 2024: Responsibility and Communication in Marriage

The recent ruling of the Court of Cassation, No. 28390 of 2024, addresses a delicate issue concerning liability in the context of marriage. In particular, the Court ruled on a case where one spouse claimed to have been deceived by the other regarding the true intentions related to the indissolubility of the marital bond. This article will explore the legal implications of this ruling, highlighting the principles of law that arise from it.

The Case at Hand

The appellant, A.A., sued his ex-wife B.B., seeking damages for harm arising from her alleged reticence regarding the intention to marry "for trial." According to A.A., such behavior significantly influenced his decision to marry. However, both the Court of Turin and the Court of Appeal of Turin dismissed the claim for damages, asserting that there was no legal obligation to communicate marital "intentions" to the other spouse.

Fundamental Legal Principles

  • Marital freedom is a personal right, protected by Article 12 of the European Convention on Human Rights.
  • There is no legal obligation to communicate to the other spouse one's mental reservations regarding the indissolubility of marriage.
  • Marriage is an act of private autonomy, and the decision to enter into it stems from the free determination of the spouses.
The omission of communication by one of the spouses, prior to the celebration of the marriage, regarding the psychological state of concrete uncertainty about the permanence of the marital bond does not constitute a basis for liability for damages.

Conclusions

Judgment No. 28390 of 2024 from the Court of Cassation reaffirms the principle that, in marriage, there is no legal duty to communicate one's uncertainties or reservations. This approach highlights the importance of the freedom of marital choice, thereby protecting the individual rights of each spouse. The Court clarified that liability for damages cannot be invoked in the absence of an unjust harm or a protectable interest. In this way, it contributes to defining a clearer and more coherent regulatory framework regarding marital dynamics in our legal system.