The ruling of the Court of Cassation in 2024 provides fundamental insights into the deductibility of exceptions regarding adverse possession, clarifying the role of tolerance in the possession of an asset. Let us explore together the details and legal implications of this judgment.
The ruling no. 10925 of 2024 by the Court of Cassation clarifies the distinction between possessory judgment and petitory judgment, highlighting the lack of effectiveness of the possessory judgment in the petitory judgment, with important implications for the protection of real rights.
The recent ruling of the Court of Cassation clarifies the limits of the ex officio admissibility of defenses in appeal, with particular reference to adverse possession and the timeliness of counterclaims.