Foreclosures and financial difficulties, that’s what changes: analysis
Once again my friend Giuliano makes me observe that it is possible to oppose (contest), even beyond the 40 days envisaged, to injunctionsfor a variety of reasons related to financial difficultieslargely due also to the rise in ECB rates, who doesn’t want to hear reasons, and here are the injunctions for those who don’t pay their mortgages. Where do we get this possibility from? Section 2, no. 6091 of 4.3.2020, Rv. 657127 – 02; Section 3, no. 21245 of 29.9.2006, Rv. 593890 – 01; Section 2, no. 7571 of 30.3.2006, Rv. 588997–01.
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There Cassation has established that in the opposition to the injunction, the opposing party can propose new questions, different from those posed as the basis of the injunction, even if the opponent does not formulate questions or counterclaims, but limits himself to aiming to obtain the reduction of the amount owed or the declaration of non-debtness of the amount owed.
Opposition a injunction: the new opposite question is admissible – Lawyer+® Mobile and desktop application for Italian lawyers (lawyerplus.it) What does the EU say? The European Court of Justice, Grand Section, 17 May 2022, the ruling in question was issued at the same time as three other sentences with which the Court of Justice of the European Union, meeting in the Grand Section, dealt with the interpretation of the directive 93 /13/EECconcerning unfair terms in contracts stipulated with consumers.
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In particular, the Court of Justice understood clarify the terms of the incidence of the principle of authority of the res judicata on the issue of consumer protection, reaching the conclusion that this principle cannot be an obstacle to ensuring the consumer effective (and not only potential) judicial protection against unfair terms applied to his detriment.
Non-opposite injunction: the EU Court expands the review of the execution judge (altalex. com). Therefore, in the event of an injunction, it is advisable to make use of a specialized lawyer (or of bodies competent in the matter) especially if the clauses are too complex, if the forum is far from that of the distrained person, if of anatocism etc.
I have to stop here because the subject is very broad and I am not a man of the law, but I hope I have made some people aware of the possibility of stopping foreclosures, even if only temporarily, by giving a little breath for families. Time is a gentleman.
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