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In the field of forced enforcement, if the enforceable title lapses, the subject of the opposition shall cease

  • 08/11/2021

The United Chambers of the Court of Cassation, with the decision n. 25478 on September 21th, 2021, focused on the issue of forced execution undertaken on the basis of a not definitive judicial order and, in particular, on the effects of the supervening lapse of the enforceable title as a result of a judgment of the judge of cognition. The Supreme Court established that, in this case, any judgment of opposition to enforcement, which is offered for other reasons, must be defined by a ruling of cessation of the matter of the dispute. Consequently, the costs of the proceedings must be determined on the basis of the merits of the parties’s initial reasons, irrespective of the supervening circumstances which may have determined the cessation of the matter of the dispute.

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