News Supreme Court rulings August 2018

The recognition of the divorce allowance

The Judgment no. 18287 of 11-7-2018 of the United Sections of the Supreme Court ruled that, pursuant to Article 5, Paragraph 6 of Law no. 898 of 1970, as and amended by Law no. 74 of 1987, the recognition of divorce allowance, to which must be attributed a welfare and equally compensatory and equalizing function, requires a finding of inadequacy of means, or at least the inability to obtain them for objective reasons. In particular, the comparative assessment of the economic and financial conditions of the parties, the contribution made by the applicant to the conduct of family life and the formation of the common and personal wealth of each of the former spouses also in relation to the duration of the marriage and the age of the claimant.

Obtaining the statement from the bank

By order dated 31-05-2017 no. 21472, the Civil Cassation ruled that the account holder has the right to obtain the account from the Bank, even in court, by providing only proof of the existence of the contractual relationship, given that the accounting procedure under Article 263 CCP et seq. is based on the assumption of the existence of the legal or negotiated obligation of one of the parties to render the account of the other, making known the result of its activity.

Failure to register the lease of real estate

The Supreme Court, in United Sections, in Judgment 09-10-2017 no. 23601 clarified that failure to register a real estate lease contract is cause for its nullity. However, it ruled that when a real estate lease contact is null and void merely because of failure to register, it can still produce its effects ex tunc, from the time of stipulation, if registration is made late.