L'inapplicabilità degli artt. 189-190 C.P.C. al procedimento di opposizione allo stato passivo

The contribution analyzes the question concerning the compatibility of the principles of speed and deformalization which inspire the procedure of opposition to the state of liabilities with articles 189-190 c.p.c., an issue addressed through the focus of the nature called “camerale ibrida” of the procedure itself. More specifically, the author focuses on the qualification, made by the jurisprudence of legitimacy, of the rite of “appeals” against the decree of enforceability of the state of liabilities as a sui generis chamber procedure, and the reasons justifying this classification. This will serve as a necessary prerequisite for a more in-depth examination of the issue relating to the hybrid nature of the procedure in question, highlighting similarities and differences compared to the pure chamber procedure with separate reference to the introductory phase of the judgement, to the treatment phase in the broad sense, as well as to the decisional phase, differences that do not, however, make it possible to exclude its traceability within a true and proper chamber procedure. The conclusions reached will allow, finally, to take a position on the applicability, or otherwise of the rules of the ordinary procedure of cognition, concerning the remittance of the case for decision, to the procedure of opposition to the liabilities.