Limitazione della capacità di agire e prodigalità obiettiva

Di Valerio Brizzolari -

The case brought to the attention of the Court of Modena arises from the judgement of interdiction against an elderly man, who dissipated his entire patrimony and is now living in poverty. His relatives bring the matter to Court in order to obtain the appointment of a guardian, whose role would be preventing the man from further dissipating his fortune.

The Court, however, dismisses their request, because the spendthrift was not affected by any mental disorder. Art. 404 of the Italian civil code confirms that the person who is going to be interdicted under such accusations must suffer from a mental or a physical disorder. In the case at hand, the man was of sound mind. The Judge firmly states that no one can be deprived of one’s legal capacity to administrate one’s personal patrimony, even in cases of prodigality. This would be considered, according to verdict of the Court of Modena, as an unfair constraint imposed on a person’s private autonomy.