By order no. 130/2025 of 11 November 2025, the Court of Tivoli upheld the appeal brought by a special‑purpose vehicle against the suspension of enforcement proceedings over immovable property which had previously been ordered by the enforcement judge on the grounds of an alleged lack of proof of title to the relationship.
The panel recalled the principle that, in assignments of claims in bulk under Article 58 of the Consolidated Banking Act, where the existence of the contract is not in issue, publication in the Official Gazette may constitute “adequate proof of the assignment of the specific receivable” if the information provided is sufficiently precise. It added that a declaration from the assignor may amount to a “relevant, potentially decisive documentary element” where it is consistent with the other evidence.
In the case at hand, the appellant had filed the notice published in the Official Gazette, the related registration with the Companies’ Register and a declaration from the assigning bank setting out the code of the relationship at issue. The Court considered these elements sufficient to prove both the existence of the contract and the inclusion of the relationship in the assignment.
Having thus established standing, the suspension order was set aside and the enforcement proceedings may resume.
The appellant company was assisted by Nicola Cassinelli.