LA DOMANDA DI ARRICCHIMENTO EX ART. 2041 C.C. DEL CREDITORE OPPOSTO QUALE DOMANDA NUOVA MA COMPLANARE: RIFLESSIONI SISTEMATICHE SUL BENE DELLA VITA IN SENSO ECONOMICO

In this noted ruling, the Supreme Court in Joint Division clarifies what are in general the new claims that can be proposed by the opposing creditor in the proceedings of opposition to an injunction and the related preclusion regime. Preliminarily, the Court retraces in a broad obiter dictum the new judicial interpretation relating to the power of the claimant to introduce new claims in the ordinary procedure, which began with the well-known ruling of the same Joint Division of the Court of Cassation n. 12310/2015, to then find a conclusive systematic framework with the ruling n. 22404/2018, which closely explored the new claim for unjustified enrichment pursuant to art. 2041 of the Civil Code. With the third latest ruling of 2024, the systematic reworking of the new claims also comes to completion with reference to the proceedings of opposition to an injunction.