Reduction of Donations: Commentary on the Judgment of the Court of Cassation, Sec. II, Order No. 19919 of 2024

The recent ruling of the Court of Cassation, No. 19919 of July 19, 2024, offers an important reflection on the subject of succession, particularly regarding the reduction of donations and testamentary dispositions. In this case, the Court examined the issue of tacit renunciation of the right to reinstate the legitimate share, highlighting the necessary requirements for such a renunciation to be considered valid.

The Case Under Review

The dispute originated from an action brought by D.D., heir of E.E., against A.A., B.B., and C.C., heirs of F.F. D.D. argued that the donations made by the husband of E.E. had impaired the legitimate share of the mother. The Court of Appeal of Palermo, with ruling No. 1438 of 2021, upheld the request for reinstatement of the legitimate share, determining that there had been no tacit renunciation by E.E.

The Court of Appeal correctly excluded the tacit renunciation of the right to reinstatement, stating that the injured legitimist can only renounce the action for reduction through unequivocal behavior.

Legal Aspects and Implications

The Court emphasized that the willingness to renounce must be expressed clearly and cannot be inferred from ambiguous behaviors or mere inaction. In particular, it was highlighted that tacit renunciation cannot be inferred from the heir's participation in the stipulation of donations or from their inactivity in a reduction process. The Court of Cassation referred to established case law, asserting that every legitimist has the right to their reserved share, and that the behavior of one legitimist cannot preclude another's right to assert their claims.

• The right to reinstate the legitimate share is autonomous for each legitimist.
• Tacit renunciation must be unequivocal and cannot arise from ambiguous behaviors.
• The finality of a ruling covers nullities and cannot be contested in judicial review.

Conclusions

Judgment No. 19919 of 2024 represents an important reference in the discipline of successions and the reduction of donations. It clarifies that the protection of legitimate shares is fundamental and requires a clear and unequivocal expression of intent from the legitimist. It is essential that heirs are aware of their rights and the behaviors that could jeopardize them. By confirming its orientation, the Court of Cassation helps protect equity in successions, emphasizing the need for a rigorous interpretation of the intentions expressed by legitimists.