Questione giuridica chiave
Whether the respondent had standing as creditor to seek definitive discharge of opposition based on the cost award judgment.
Decisione estratta
Yes. The enforceable Geneva judgment awarded costs to the respondent, so creditor and pursuing party were identical; the debtor failed to prove any post-judgment assignment or extinction of the debt.
Motivazione estratta
In definitive debt enforcement, the judge does not revisit the merits of the title and must verify the identity between creditor named in the title and the pursuing party. The debtor’s argument that the respondent could not settle costs attacked the underlying judgment and was inadmissible.