Commentary on the Judgment of Cass. civ., Sez. II, n. 27580 of 2024: The Reduction of Donations and Simulation in Successions

The judgment of the Supreme Court of Cassation n. 27580 of 2024 represents an important ruling in the field of successions, donations, and simulation of acts, shedding new light on the ways to protect the legitimate shares. This article analyzes the main aspects of the decision, highlighting the importance of asset representation and the need to demonstrate the infringement of the legitimate share.

The Context of the Judgment

The legal case in question arises from a succession dispute involving several heirs and the contestation of sale acts that, according to one party, would disguise donations. The Court of Appeal of L'Aquila had declared the nullity of such acts for simulation and upheld the request for the reduction of donations, leading the appellants to file an appeal to the Cassation.

The Legal Issues Raised

The Court reiterated that the burden of allegation and proof lies with the legitimized heir who acts for reduction, but it is not necessary to quantify the infringement of the legitimate share in monetary terms.

• The Court examined whether the plaintiffs had adequately represented the asset situation to justify the request for reduction.
• It was emphasized that the request for reduction does not necessarily need to contain arithmetic formulas, but must demonstrate the infringement of the legitimate share through a plausible representation.
• Important is the analysis of the prerequisites for the nullity and simulation of the acts, which must be supported by adequate evidence.

Implications of the Judgment

The ruling of the Court of Cassation provides a useful point of reflection for legal practitioners regarding the necessity of a correct approach to requests for reduction and the documentation to be presented. In particular, it highlights how it is essential:

• To provide a clear and detailed asset representation, including leftover assets and donations.
• To demonstrate, even through presumptions, the infringement of the legitimate share in a coherent and logical manner.
• To be aware that a lack of evidence regarding the actual existence of assets may lead to the rejection of the request for reduction.

Conclusions

In conclusion, the judgment n. 27580 of 2024 of the Court of Cassation represents a significant step in the jurisprudence concerning succession and legitimate share. It clarifies the responsibilities of the legitimized heir in the action for reduction and reaffirms the importance of a solid evidentiary basis. Heirs and their legal representatives must pay attention to these aspects to avoid encountering legal issues during successions.