Forfeiture pursuant to article 1957 of the Italian Civil Code and guarantee on first demand: the out-of-court request for payment is sufficient

According to the Court of Appeal of Milan, “the simple proposition of an extrajudicial request for payment must be considered sufficient to avoid forfeiture, since it is not necessary that the term be observed through the proposition of a judicial demand, according to the traditional exegesis of the rule”. The principle, expressed by judgment of 30/12/2024, led to the rejection of the appeal proposed against a bank securitisation vehicle, assisted by Cassinelli Studio Legale.

The defensive activity was coordinated by Roberto Cassinelli together with Giorgia Angilletta.