Legitimacy judgment in case of infidelity

The limits of the legitimacy judgment in the case of the wife’s infidelity: compensation for damages is not due to the husband.

The claim brought by the husband against the wife for compensation for damages as a result of violation of the obligation of marital fidelity by the same has been declared inadmissible.

In that regard, the limits of the legitimacy judgment have been clarified, stating that elements of fact already considered by the appeal judges, in order to arrive at a different appreciation of the same, cannot be put to the attention of the Court of Cassation judges (Civil Cassation, Section VI – 3, order 2 April 2019, no. 9065).