By judgment no. 614\/2025, published on 28 October 2025, the Court of Savona dismissed the claims brought by two debtors in proceedings concerning a long\u2011standing financial transaction which had subsequently formed part of a broader corporate integration process. The core of the dispute concerned, on the one hand, the standing of the company now acting as claimant and, on the other, the precise scope of the evidence required to prove the original disbursement of the loan.<\/p>\n\n\n\n
The Judge found that succession in the legal position had been fully demonstrated, stating that the verification of title \u201cis the result of a plurality of indicia (\u2026) which the court must assess with prudent appreciation\u201d, and referred to the case\u2011law of the Supreme Court according to which a statement by the merged entity setting out the terms of the transfer may be decisive.<\/p>\n\n\n\n
As regards the burden of proof, the Court stressed that a repayment loan is governed by rules which differ from those applicable to current account relationships, reiterating that \u201cproof of the conclusion of the contract and of the delivery of the loaned sum\u201d is sufficient, which in the case at hand could be inferred from the acknowledgement contained in the notarial deed, without any need for an accounting reconstruction.<\/p>\n\n\n\n
Cassinelli Studio Legale assisted the company, with Nicola Cassinelli <\/strong>together with Matteo Boccardo<\/strong>.<\/p>\n","protected":false},"excerpt":{"rendered":" By judgment no. 614\/2025, published on 28 October 2025, the Court of Savona dismissed the claims brought by two debtors in proceedings concerning a long\u2011standing financial transaction which had subsequently formed part of a broader corporate integration process. The core of the dispute concerned, on the one hand, the standing of the company now acting as claimant and, on the other, the precise scope of… <\/p>\n