The ruling no. 9293 of the Supreme Court, published on April 4, 2023, concerns a highly relevant issue in family law: the settlement of maintenance and the compensation for endofamilial damage. This case provides a valuable opportunity to reflect on the rights of minors and the responsibilities of parents, highlighting the challenges related to the paternal figure and its role in the lives of children.
The case in question sees A.A. appealing against the ruling of the Court of Appeal of Naples, which had confirmed the provisions of the Court regarding the maintenance of the daughter C.C. and the recognition of endofamilial damage. The Court established that A.A. should pay a monthly contribution of 400 euros for the maintenance of the daughter and a compensation of 25,000 euros for the damage suffered by the minor due to his absence.
The ruling highlights how the absence of a father can generate significant non-economic damage, profoundly influencing the life of the minor.
A key element of this ruling concerns the assessment of endofamilial damage. The Court recognized that the absence of the father has caused prejudice to the daughter, linked to the deprivation of affection and moral support. This aspect is connected to the principle of protection of the minor, enshrined in Article 3 of the United Nations Convention on the Rights of the Child, which mandates States to ensure the best interests of the child.
The Supreme Court ruling represents an important step forward in the protection of the rights of minors. It reaffirms that parents have the obligation to provide adequate economic and moral support to their children. At the same time, it highlights how the absence of one of the parents can result in non-economic damage, requiring appropriate compensation. In an ever-evolving legal context, it is crucial that rulings reflect the importance of the paternal figure and, more generally, parental responsibility in the lives of minors. With this ruling, the Supreme Court not only provides legal clarity but also promotes greater awareness of the rights of the young.
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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 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