Supreme Court dismisses cassation on statute of limitations raised in appeal proceedings for work injury compensation claim.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by a miner seeking compensation for a work injury sustained in 1982. The defendant argued that the claim was time-barred under Article 442 of the Civil Code, noting the plaintiff failed to report the accident immediately and only sought disability pension years later. The court ruled that the statute of limitations defense is a matter of substantive law that the defendant may raise at any stage of the proceedings, including the appeal, and its assertion does not violate constitutional guarantees of access to court.
Regesto Legislator
Generato dall'IAArt. 442 § 1 k.c.; Art. 5 k.c. - The statute of limitations defense is a substantive right that the defendant may assert at any stage of the proceedings, including the appeal, and its assertion does not violate constitutional guarantees of access to court.