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A certified e-mail containing the outcome of the declaration of claims is enough to start the elapsing of the deadline for the opposition in insolvency proceeding
- 02/09/2019
The Italian Court of Cassation, with Ord. July 31, 2019, no. 20638, established that a certified e-mail, regularly received, is enough for starting the elapsing of the deadline for the opposition and that there is no need for the bankruptcy trustee to send a double communication, by fax and by certified e-mail, about the outcome of the declaration of claims.
The Supreme Court specified also that this solution finds justification under the principle of preserving the acts, that “imposes to prefer, between two possible interpretations, the one according to which the act is valid, being in conformity with the law, rather than that which would imply its illegitimacy and the consequent invalidity; as well as constituting an unjustified procedural increase that would have the sole result of creating uncertainty as to what should be considered the dies a quo for the purpose of proposing the opposition”.
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