Attachment of assets (pignoramento)
Article 4, dedicated to the provisions on enforcement proceedings (espropriazione forzata), amends Article 492 of the Italian Code of Civil Procedure (c.p.c.), adding to the third paragraph the provision that “the attachment order must contain the warning that, pursuant to Article 615, second paragraph, third sentence, an opposition is inadmissible if it is brought after the sale or assignment has been ordered pursuant to Articles 530, 552 and 569, unless it is based on supervening facts or the opponent shows that he was unable to bring it in good time for reasons not attributable to him.”
Shorter time limits for opposition
Article 615, paragraph 2, c.p.c. is also amended, with the provision that an opposition, in enforcement by expropriation, “is inadmissible if it is brought after the sale or assignment has been ordered pursuant to Articles 530, 552, 569, unless it is based on supervening facts or the opponent shows that he was unable to bring it in good time for reasons not attributable to him.”
Payment orders that are provisionally enforceable
Article 648, first paragraph, c.p.c. has also been amended, in the sense that the judge, even where an opposition has been lodged, “must grant” provisional enforcement of the order, limited to the amounts not disputed.
Three sale attempts, online only
The decree-law also amends Article 532, second paragraph, c.p.c., replacing the second and third sentences, by means of a provision (originally contemplated by the bill reforming civil procedure and incorporated into the text of the decree) whereby sale attempts may not exceed three.
The judge will also set the criteria for determining the relevant price reductions, the manner in which the proceeds of the sale are to be deposited and a final deadline of no more than six months, on the expiry of which the person in charge of the sale must return the documents to the court registry.
Once the three attempts have been exhausted without success, the judge “orders the early closure of the enforcement proceedings, even where the conditions set out in Article 164-bis of the implementing provisions of this code are not met”.
It is provided that those interested in submitting a purchase offer are entitled to inspect the assets for sale within 7 days of the request, made through the public sales portal.
The auction, moreover, will be held online, unless this would be prejudicial to the interests of the creditors or to the prompt conduct of the proceedings.
Assignments in favour of third parties
Finally, the new Article 590-bis c.p.c. is introduced, which provides that a creditor to whom an asset is assigned for the benefit of a third party must declare to the court registry, within five days of the assignment order being pronounced at the hearing or of its notification, the name of the person in whose favour the property is to be transferred, filing that person’s declaration.
Failing this, the transfer is made in favour of the creditor.
Source: La nuova riforma del processo esecutivo, in vigore da oggi
Leave a Reply