Case Background
Chinese creditor (Plaintiff) claimed debt owed by an Italian entrepreneur (deceased debtor):
- Debt Scale: Loan of approx. €1 million (used to purchase East China real estate).
- Key Document: Debtor-signed Debt Acknowledgement.
- Sudden Change: Debtor died suddenly; three Italian heirs (Defendants) ignored the claim.
Core Difficulties
- Evidence Chain Broken: Creditor only held a copy of the Acknowledgement.
- Transnational Barrier: Original signing location unknown + Signatory deceased.
- Procedural Trap: Collective silence from Italian heirs as defense.
Firm's Two-Phase Breakthrough Strategy
Evidence Ruins Reconstruction:
- Activated Art. 70 of Civil Procedure Law: Built “original document force majeure” argument:
√ Cross-border search for signing witnesses.
√ Traced fund flow: Identified EUR cross-border transfers.
√ Linked property purchase records: Inferred loan legitimacy. - Created “Re-litigation Protection Channel”:
√ Secured court ruling preserving right to re-file.
√ Established dual-track CN/IT evidence preservation.
Inheritance Debt Penetration System:
- Pierced Italian Inheritance Law: Confirmed three defendants’ status as statutory heirs.
- Cross-Border Debt Penetration: Argued assets purchased in China constituted estate.
- Procedural Counterattack: Used service by public notice to defeat passive resistance.
Case Outcome
- Moral Victory Despite Temporary Setback:
Court explicitly preserved right to re-file claims (ruling stated “may re-file suit”).
Avoided bearing cross-border service costs (implicit costs beyond the 78,143 RMB case fee).
Core Firm Capabilities Refined
- Cross-Border Evidence Chain Reengineering: Rebuilding debt proof from copy ruins.
- Deceased Debtor Tracing: Penetrating cross-border inheritance & estate boundaries.
- 🇪🇺 European Passive Defense Breaching: Countering Italian parties’ “silence tactics”.
- Re-litigation Strategy Pre-placement: Transforming loss into evidence upgrade opportunity.
Accumulated Experience:
- Cross-border loans → Original document must be notarized & authenticated.
- Large debts → Bind both fund flow + asset purchase evidence.
- Foreign debtors → Mandatory debt performance insurance purchase.
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