In Order No. 15237 of 7 June 2025, the Third Civil Section of the Court of Cassation clarified the nature of a partition claim brought by the opponent in proceedings under Article 615(1) of the Code of Civil Procedure. The official headnote is Rv. 675334-01.

The opponent's position

In these proceedings, the opponent acts as claimant in both procedural and substantive terms. The usual claim seeks a declaration that the creditor has no right to proceed with enforcement.

The partition claim

The Court holds that the opponent may also bring a claim for partition. Since it is brought by the claimant, it is not a counterclaim: it is an additional claim on the same procedural footing as the opposition.

The Court of Cassation set aside the Court of Appeal of Bologna's decision of 20 April 2023 and remanded the case. The principle establishes how the claim is classified; it does not itself determine the outcome of the partition or guarantee savings in litigation time or costs.

Official sources: Corte di cassazione, Rassegna del Massimario.