Real Estate Foreclosure: The Court of Cassation and Ordinance No. 15143/2025 on Ineffectiveness due to Non-Renewal
An in-depth analysis of the Ordinance of the Court of Cassation No. 15143/2025, which establishes the supervening ineffectiveness of real estate foreclosure in case of non-renewal of transcription, rendering the enforcement proceedings unprosecutable and precluding any rectification. Discover the crucial implications for creditors and debtors.
The Representation of Lloyd's Insurers in Forced Expropriation: Clarifications from the Supreme Court (Order no. 15108/2025)
A detailed analysis of the Supreme Court's Order no. 15108 of 2025 clarifies the procedural standing of the General Representative of Lloyd's in third-party expropriation proceedings, excluding the need to involve all 'members' or 'syndicates'. Discover the implications of this decision for enforcement proceedings and insurance claims management.
Insurance Indemnity for Total Loss: The Court of Cassation and the Identity of the 'Petitum' in Order No. 15028/2025
An in-depth analysis of Order No. 15028/2025 of the Court of Cassation, which clarifies the boundaries between average and abandonment actions in maritime law, focusing on the identity of the 'petitum' for insurance indemnity in cases of total loss. Discover the implications for insured parties and insurers.
Damage to Leased Property: When Can the User Claim Compensation? Clarification from the Court of Cassation with Order No. 15496/2025
Order No. 15496 of 2025 from the Court of Cassation provides a detailed analysis of the requirements that legitimize the user of a leased asset to claim damages caused by third parties. Discover which contractual conditions and evidence are essential to protect your financial interests in case of damage to the asset granted under financial lease.
Enforcement Proceedings and Foreclosure: The Court of Cassation on the Burden of Renewing Transcription (Order 15241/2025)
An in-depth analysis of Order No. 15241 of 2025 from the Court of Cassation, which reiterates the central role of renewing the transcription of real estate foreclosure. Discover the implications for creditors and debtors, the twenty-year duration of effects, and the irrevocable consequences of failure to extend on the entire enforcement process, even in cases of judgment suspension.
Opposition to Enforcement and Request for Division: Cassation Ruling 15237/2025
The Court of Cassation, with Order No. 15237/2025, clarifies the admissibility of the request for division proposed by the opponent within the scope of an opposition to enforcement pursuant to art. 615 c.p.c., qualifying it as an additional rather than a counterclaim, with significant implications for procedural strategy and the protection of rights in enforcement proceedings.
The Simplicity and Efficiency of Appeals to the Supreme Court: Analysis of Order No. 15219 of 07/06/2025
An important Civil Cassation order clarifies the principles of the accelerated procedure under Article 380-bis of the Italian Code of Civil Procedure (c.p.c.), outlining how the Court can simplify its reasoning in the presence of detailed proposals and purely repetitive appeals, promoting faster and more effective justice for all citizens.
Business Transfer and Indemnity Claims: The Supreme Court Clarifies the Transfer of Liabilities in Venetian Banks (Order no. 15238/2025)
Order no. 15238 of 2025 by the Supreme Court sheds light on a crucial aspect of bank rescue operations: the transfer of indemnity claims arising from employee misconduct. Discover how the Cassation Court interpreted Article 3 of Law Decree 99/2017, defining the boundaries of liabilities transferred to the assignee in business transfer contexts such as that of the former Venetian Banks, ensuring legal protection and clarity.
The Supreme Court on Collegial Expert Opinions in Medical Malpractice: Ruling No. 15594 of 2025 and Article 15 of the Gelli-Bianco Law
The Supreme Court, with ruling No. 15594 of 2025, clarifies the application of Article 15 of the Gelli-Bianco Law: the principle of collegiality in court-appointed expert opinions is mandatory in healthcare liability proceedings, requiring the renewal of the expert opinion even if the preliminary assessment was conducted without this requirement. A crucial turning point for patient protection and the proper management of medical-legal disputes.
Assignment of Credit and Proof of Payment: The Supreme Court with Order No. 15589/2025 Clarifies Article 2704 of the Civil Code
An in-depth analysis of Order No. 15589 of the Supreme Court of Cassation (2025), which redefines the boundaries of proof of payment in credit assignment. Discover how the assignee can protect themselves against prior receipts and what burdens fall on the assigned debtor, with a focus on Article 2704 of the Civil Code and the certainty of the date in private writings.