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Opposition to the sale of the pledged property is like an opposition to an enforcement

Civil Supreme Court, Section VI, 28 February 2020, Judgement no. 5475 Pres. Frasca Est. De Stefano

date: 13.05.2020
Area: Litigation and Arbitration

With the ruling in question, the Supreme Court pointed out that an opposition to the sale of the pledge, pursuant to Article 2797, paragraph 2 of the Italian Civil Code has the substantial nature of an opposition to enforcement pursuant to the provisions of Article 615 of the Italian Criminal Code. Therefore, the opposition based on Article 2797 of the Italian Civil Code is subject to the same procedural rules as those provided for the opposition to enforcement, including exclusion from the suspension of procedural deadlines during the working period, pursuant to Article 3 of Law no. 742 of 1969. This rule also applies to proceedings before the Supreme Court, with the consequent automatic result that any appeal brought has expired and is inadmissible.

Opposition to the sale of the pledged property is like an opposition to an enforcement

Civil Supreme Court, Section VI, 28 February 2020, Judgement no. 5475 Pres. Frasca Est. De Stefano

date: 13.05.2020
Area: Litigation and Arbitration

With the ruling in question, the Supreme Court pointed out that an opposition to the sale of the pledge, pursuant to Article 2797, paragraph 2 of the Italian Civil Code has the substantial nature of an opposition to enforcement pursuant to the provisions of Article 615 of the Italian Criminal Code. Therefore, the opposition based on Article 2797 of the Italian Civil Code is subject to the same procedural rules as those provided for the opposition to enforcement, including exclusion from the suspension of procedural deadlines during the working period, pursuant to Article 3 of Law no. 742 of 1969. This rule also applies to proceedings before the Supreme Court, with the consequent automatic result that any appeal brought has expired and is inadmissible.