News
It is not abuse of the process if the creditor uses the monitoring procedure only for the liquid part of the credit and reserves the right to act in another judgment for that variable.
- 04/05/2020
The Supreme Court with order no. 8165 of 24 April 2020 established that no abuse of the process is configurable, when the creditor uses the shortest route, i.e. the monitoring procedure to collect the part of the credit already liquid and reserves the right to act subsequently for the assessment and the liquidation of the variable part of his alleged claim, due to the different nature of the claims put forward in the separate proceedings (in one a credit already liquid, in the other a credit to be settled).
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