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Enforcement order against joint and several debtors

Civil Supreme Court, Section VI, 24 April 2020, Judgment no. 8151. Pres. Frasca. Est. D’Arrigo

date: 27.05.2020
Area: Litigation and Arbitration

With the ruling in question, the Supreme Court clarified that it does not violate the obligations of fairness and good faith nor the prohibition of abuse of procedural instruments by a creditor of two or more joint debtors who, for the same title, decides to initiate an enforcement action against one of the debtors after having obtained, an assignment order pursuant to Article 553 of the Italian Code of Civil Procedure, against the other. In particular, the creditor has the right to proceed in this way until the assignment order is fulfilled by the attached third party for the full amount of the claim brought.

Enforcement order against joint and several debtors

Civil Supreme Court, Section VI, 24 April 2020, Judgment no. 8151. Pres. Frasca. Est. D’Arrigo

date: 27.05.2020
Area: Litigation and Arbitration

With the ruling in question, the Supreme Court clarified that it does not violate the obligations of fairness and good faith nor the prohibition of abuse of procedural instruments by a creditor of two or more joint debtors who, for the same title, decides to initiate an enforcement action against one of the debtors after having obtained, an assignment order pursuant to Article 553 of the Italian Code of Civil Procedure, against the other. In particular, the creditor has the right to proceed in this way until the assignment order is fulfilled by the attached third party for the full amount of the claim brought.