Question juridique clé
Whether the debtor could invoke payment for the first time on appeal against the definitive debt opening order.
Solution extraite
The payment objection could not be considered because it was raised for the first time on appeal and new facts and evidence are inadmissible.
Motifs extraits
Under Art. 326(1) CPC, new factual allegations and new evidence are excluded in appeal proceedings; this applies equally to a newly alleged and newly evidenced payment.