Italian court dismisses appeal regarding usucapion claim where possession was proven absent due to loan agreement.

The Court of Cassation rejected the appeal filed by the heirs of Fucile Franchina against a lower court ruling denying their usucapion claim. The appellate court found that the defendants' possession of the land was merely detentive, based on a loan agreement with the deceased husband, rather than exclusive possession required for usucapion. The court upheld this decision, ruling that the lower court correctly assessed the evidence and that the procedural objection regarding the timing of the claim was invalid.