Reform of the Quantum Debeatur: Judgment No. 16664 of 2024 and Implications for Forced Execution

The recent Order No. 16664 of June 14, 2024, issued by the Court of Appeal of Venice offers important clarifications on the consequences of an appeal regarding the quantum debeatur in matters of forced execution. The case at hand, pitting B. (M. G.) against F. (R. M.), highlights how modifications to first-instance judgments affect not only the enforcement title but also the entire execution procedure.

Consequences of the Reform of the Quantum Debeatur

According to the ruling's maxim, the reform in appeal of only the quantum debeatur established by the first-instance judgment leads to different consequences depending on whether the modification is an increase or a decrease. This aspect is crucial for understanding how creditors should act in both situations.

• Modification in increase: When the quantum debeatur increases, the creditor must necessarily intervene, for the residual part, based on the new enforcement title constituted by the judgment of appeal.
• Modification in decrease: If, on the other hand, the modification is a decrease, the substitutive effect of the title allows the execution process to continue without interruption, maintaining the effectiveness of previously completed acts, within the limits set by the new judgment.

Enforcement title - Judgment - Reform in appeal of only the quantum debeatur - Consequences for forced execution - Modification in increase - Creditor's intervention for the residual part based on the new title - Necessity - Modification in decrease - Substitutive effect of the title - Continuation of the execution process - Limits. Regarding the enforcement title, the reform in appeal of only the quantum debeatur established by the first-instance judgment, on the basis of which forced execution was initiated, determines, within the execution procedure, different consequences depending on whether the modification occurs in increase or decrease: in the first case, to expand the object of the execution procedure already undertaken, the creditor must intervene, for the residual part, based on the new enforcement title constituted by the judgment of appeal; in the second case, by virtue of the substitutive effect (with ex tunc effect) of the title, the execution process continues seamlessly, within the limits set by the judgment of appeal, with persistent effectiveness, within these limits, also of the acts previously performed.

Relevant Legislation and Case Law

The judgment is based on provisions of the Code of Civil Procedure, particularly Articles 474 and 336, which govern the enforcement title and the effectiveness of judgments in case of appeal. Previous case law, as highlighted in maxims No. 2406 of 1986 and No. 29021 of 2018, provides a useful framework for interpreting the consequences of modifications to the quantum debeatur.

Conclusions

In summary, judgment No. 16664 of 2024 represents an important reference point for legal professionals and creditors involved in execution procedures. The distinction between the consequences of modifying the quantum debeatur in increase or decrease allows for more effective management of execution actions, ensuring a clear understanding of the responsibilities and rights involved. It is essential for creditors to act promptly in case of an increase in the enforcement title, while in the case of a decrease, they may continue the pre-existing execution, within the limits established by the new judgment.