{"id":12330,"date":"2026-07-20T12:35:58","date_gmt":"2026-07-20T10:35:58","guid":{"rendered":"https:\/\/studiocassinelli.it\/en\/?p=12330"},"modified":"2026-07-29T12:38:17","modified_gmt":"2026-07-29T10:38:17","slug":"block-assignment-under-article-58-tub-proof-of-title-to-the-claim-between-existence-of-the-assignment-and-inclusion-of-the-individual-relationship","status":"publish","type":"post","link":"https:\/\/studiocassinelli.it\/en\/block-assignment-under-article-58-tub-proof-of-title-to-the-claim-between-existence-of-the-assignment-and-inclusion-of-the-individual-relationship\/","title":{"rendered":"Block assignment under Article 58 TUB: proof of title to the claim between existence of the assignment and inclusion of the individual relationship"},"content":{"rendered":"\n

By judgment no. 435\/2026 of 20 July 2026, the Court of La Spezia fully dismissed the objection to enforcement notice brought by a debtor company, upholding the entitlement to the mortgage-secured loan claim held by a securitisation special purpose vehicle, assisted by Cassinelli Studio Legale<\/strong>.<\/p>\n\n\n\n

The matter originated from a mortgage-secured loan (mutuo fondiario) executed in 2001; the claim was later assigned without recourse and in block within a securitisation operation under Italian Law no. 130\/1999.<\/p>\n\n\n\n

The core of the judgment is devoted to the proof of title to the claim in block assignment operations<\/strong>. Following the most recent teaching of the Italian Supreme Court, the Court drew the fundamental distinction between the challenge to the mere inclusion of the specific claim in the assignment operation and the challenge to the very existence of the assignment agreement, observing that, where an objection covers both grounds, the mere publication of the assignment notice in the Italian Official Gazette is not in itself sufficient to prove the existence of the agreement (Cass. no. 22151\/2019), but may nonetheless be relied upon as an evidential indicator, together with other elements, for the purposes of proof by presumption (Cass. no. 17944\/2023).<\/p>\n\n\n\n

In the present case, the Court held that the required standard of proof had been met, giving particular weight to the declaration issued by the assigning institution, described as \u201cpotentially decisive\u201d given that it originated from a third party with no interest in the dispute<\/strong>. As regards the inclusion of the specific claim in the operation, the Panel endorsed the recent teaching of Cass. no. 28335\/2025 and Cass. no. 33966\/2025, pursuant to which the Official Gazette notice, where it contains sufficiently detailed categories of the assigned claims, constitutes adequate proof of inclusion, the burden falling on the opposing party to raise a specific challenge as to why its relationship cannot be traced back to those identified<\/strong> \u2013 a generic plea of insufficient evidence being insufficient; a principle further confirmed by recent case law of the lower courts (Court of Genoa, 25 March 2026).<\/p>\n\n\n\n

Of particular significance is the finding that, the claim being a mortgage-secured loan claim (credito fondiario), the enforcing creditor is exempt from the obligation to serve the contractual enforceable title under Article 41, paragraph 1, TUB, not only vis-\u00e0-vis the contractual debtor but also vis-\u00e0-vis the third-party owner and, a fortiori, vis-\u00e0-vis the party which, by virtue of a release-based assumption of debt, has become the sole debtor (Cass. no. 27848\/2022).<\/p>\n\n\n\n

Finally, the analysis of the limitation plea deserves attention: the Court applied the settled principle pursuant to which the temporary unenforceability of a claim included in an approved arrangement with creditors suspends the running of the limitation period<\/strong>, which resumes only upon the final termination of the insolvency proceedings (Cass. no. 35960\/2022 and, most recently, Cass. no. 20176\/2025). In the case at hand, the admission to the arrangement dating back to 2014, the subsequent approval in 2015 and the termination declared only in 2023 made it possible to rule out entirely the running of the ten-year limitation period.<\/p>\n\n\n\n

The respondent party was assisted by Nicola Cassinelli<\/strong> and Giorgia Angilletta<\/strong>.<\/p>\n","protected":false},"excerpt":{"rendered":"

By judgment no. 435\/2026 of 20 July 2026, the Court of La Spezia fully dismissed the objection to enforcement notice brought by a debtor company, upholding the entitlement to the mortgage-secured loan claim held by a securitisation special purpose vehicle, assisted by Cassinelli Studio Legale. The matter originated from a mortgage-secured loan (mutuo fondiario) executed in 2001; the claim was later assigned without recourse and… <\/p>\n

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