The exception of the aliunde perceptum can be proposed on appeal (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 4 March 2021 – Enrico De Luca, Antonella Iacobellis)

According to Supreme Court n. 4056 of February 16, 2021: “the aliunde perceptum is not exception in the strict sense and is therefore detectable ex officio by the Judge if the relevant factual circumstances are duly acquired during the trial. For this reason, the exception of deduction of the aliunde perceptum is not subject to the specific and timely allegation of the party and is admissible even on appeal, as it must be considered sufficient that the facts are ex actis “.

So the aliunde perceptum exception:

– is always detectable ex officio, since it is not an exception in the strict sense,

– and therefore, it can also be formulated on appeal, provided that the relevant factual circumstances have been duly acquired in the case.

In fact, the regime of exceptions depends on the primary value of the process, consisting of the justice of the decision, which would remain altered in the event that the issues detectable ex officio were subject to the preclusive limits of allegation and proof provided for the exceptions in the sense strict.

Continue reading the full version published in Norme & Tributi Plus Diritto de Il Sole 24 Ore.