"Prescrizioni presuntive", modalità estintive diverse dall'adempimento, oggetto del giuramento decisorio

In “presumptive prescriptions”, the assumed fact is not only the performance of the obligation but also any means of extinguishing the obligation provided by law. Consequently, a debtor who brings a set-off counterclaim does not assert a defense inconsistent with the claim of presumptive prescription. However, critical issues remain when defendants are the heirs of the original debtor and such defendants are unable to confirm by oath that they are aware of facts which extinguish the original obligation.