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Opposition to the execution: the void notification of the payment order does not implicate that the title is inexistent per se (Civil Cassation, Section VI, ordinance of 15th November, 2019 no. 29729)
- 18/11/2019
On November 15th 2019 the Italian Civil Cassation has expressed the following principle of law: "In the matter of opposition to the execution, the voidance of the notification of the payment order does not implicate the inexistence of the title and, therefore, cannot be deduced through opposition to the order to comply, or to the execution undertaken under articles 615 and 617 cod. proc. civ., while remaining attributed to the jurisdiction of the judge of the opposition to the payment order - pursuant to art. 645 cod. proc. civ. and, if the conditions are met, pursuant to art. 650 cod. proc. civ.- such judge is competent for examining every matter pertaining to the possible voidance or ineffectiveness of the payment order”. The Court therefore ruled that the appeal was inadmissible considering that, in this case, the opponent had not presented the existence of technicalities capable of determining the non-existence of the title.
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