Questione giuridica chiave
Whether definitive legal opening can be granted to an assignee of a claim already covered by a definitive title.
Decisione estratta
Yes, but only if the succession is proven by documents and is clear and liquid; the judge must examine this ex officio.
Motivazione estratta
The court followed the prevailing view that provisorische Rechtsöffnung is not available where the claim rests on a definitive title. The debtor remains protected because succession must be strictly and ex officio verified, and because remedies under Arts. 85 and 85a SchKG preserve substantive defense rights.