News
The appeal to executive acts heals the formal vices of the writ of enforcement
- 27/08/2018
The Court of Cassation in the ordinance no. 19105 of July 18th 2018 stated that the presence of formal irregularities in the writ of enforcement can be considered remedied in all cases in which the opposition to the executive acts is limited to complain about the existence of the formal irregularity in itself, without contesting any prejudice with reference to rights. In fact, the discipline of the opposition to the executive acts must be subjected to the general rules in matter of amnesty of null acts, provided by the article 156, last paragraph, of the Italian Civil Code, which reads: “Nullity can never be pronounced if the act has attained its intended purpose.”.
Consequently, the proposition of the opposition by the debtor, in particular the one to writ of enforcement, constitutes clear evidence of the achievement of the purpose of inviting the debtor to fulfill, making him aware of the creditor's intention to proceed with forced execution.
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