Business Contracts, Delegation of Payment, Judgment no. 7477 of 20/03/2020, III Supreme Section Court of Cassation

passim

The “ownership of the subjective position, active or passive, of the relationship of substantive law” inferred in court, is a constitutive element of the application and pertains, instead, to the merit of the decision, so it is up to the plaintiff to attach and prove it, with the consideration that the disputes by the defendant of the ownership of the controversial relationship are of a mere mistrust nature, which can be proposed at any stage of the judgment, without prejudice to any foreclosures accrued for the attachment and proof of impedimental, modifying or extinctive facts of the ownership of the right , not detectable by the documents: according to the lack of ownership, active or passive, the controversial relationship is detectable by the office by the judge, “in every state and degree”, if resulting from the documents of the case (see Court of Cassation Section U , Judgment no. 2951 of 02/16/2016.

Source Supreme Court of Cassation