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Repossession: focus on promptness

The matter analysed by the Italian Supreme Court of Cassation can be summarised as follows: when repossession occurs following clandestine spoliation, does the one year time-limit for exercising repossession run as from when the plaintiff is effectively informed of such spoliation, or does it run as from when the plaintiff is in the position to realise that such spoliation took place, based on customary diligence? Who is expected to bear the relevant burden of proof?

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Attachments 7.10.2021126.85 KB
Luca Conte