OPPOSITION TO FORECLOSURES CHALLENGE ON ENFORCEMENT – in case the relation between the parties is terminated-

Abstract: an opposition to foreclosure may even regard the validity of the promissory note as a legal act or the forced execution of such a deed, while the challenge on enforcement – in case of promissory notes – must be strictly limited to those aspects which regard the validity of each individual act of execution. If a debtor submits an opposition to foreclosure, requesting the extinguishment of the payment obligation for which the promissory notes were issued, namely the extinguishment of all fundamental relations between the parties, any payment made by such debtor would be irrelevant in terms of that promissory note’s legal efficiency. Consequently, the extinguishment of such fundamental relation, by invoking other means of payment, is unquestionably a substantive defence directed toward enforceable titles, which may only be exploited through special means of appeal. 

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