Court of Teramo - On the proof of the legitimacy to act in case of block transfers and on the questioning to the consumer debtor on the intention to avail himself or not of the nullity of protection (art. 6 dir. 93/13/EEC - CASS. SS UU. 9479/2023)

THE STORY:



A consumer debtor filed an opposition to the real estate execution brought to his detriment, pleading, as a preliminary step, the lack of legitimacy to act and of ownership of the credit by Purple, as the alleged assignee of the credit, not having produced the original of the contract for the assignment of the credit, the only suitable proof, according to the principles of law sanctioned by the Supreme Court of Cassation, to certify the specific inclusion of the credit.

The Execution Judge Dr. Flavio Conciatori granted a term of 30 days. for the production of the credit assignment agreement which, however, was not produced, Purple limiting itself to attaching notarial certifications on the alleged inclusion of the debtor's credit in the assignment agreement.

The GE dr. Flavio Conciatori, with an innovative decision, initially, not deeming the documentation produced by Purple exhaustive, granted the proceeding creditor a further 30-day deadline to integrate, asking the auctioneer to postpone setting the dates and, then, IMPLEMENTING THE VERY RECENT PRINCIPLE OF LAW ESTABLISHED BY THE JUDGMENT ISSUED TO THE UNITED SECTIONS OF THE CASSATION, THE N. 9479/2023, HAS GRANTED THE CONSUMER DEBTOR TERM TO PROPOSE OPPOSITION TO THE INJUNCTION DECREE TO APPLY DEFECTS OF THE TITLE.