The United Sections of the Court of Cassation resolve the conflict in the area of territorial jurisdiction in the hypothesis of pecuniary obligations with reference to the forum destine solutionis. In summary, stoats adhere to the more restrictive thesis according to which “the pecuniary obligations to be fulfilled at the creditor’s domicile, according to the provisions of Article 1182, third paragraph, of the Italian Civil Code are – both for the purposes of the late payment pursuant to art. 1219, second paragraph, n. 3 of the Italian Civil Code, both in the determination of the forum destined and solutionis pursuant to art. 20 last part of the Code of Civil Procedure – exclusively those liquid, that is, the security of which determines the amount, or indicates the criteria for determining it without leaving any margin of discretion, and the conditions of liquidity are ascertained by the judge, for the purposes of jurisdiction, to the state
of the acts in accordance with the provisions of art. 38, last paragraph, c.p.c. “.
The full text of the sentence can be downloaded here Cass. on. 17989 of 2016. – reserved reproduction –
