Italian Code of Civil Procedure – The execution process

The text of the Code of Civil Procedure is approved and will have execution starting from April 21, 1942

Code of Civil Procedure -1940

Codice di procedura civile. (040U1443)

Book one: General provisions
Second book: On the process of cognition 
Third book: The execution process
Book Four: On Special Procedures 
Provisions for the implementation of the code of civil procedure

Libro Terzo: DEL PROCESSO DI ESECUZIONE

Title I: THE EXECUTIVE TITLE (DEL TITOLO ESECUTIVO E DEL PRECETTO)

Art. 474 (Enforcement title)

Forced execution can only take place by virtue of an enforceable title for a certain, liquid and enforceable right. The following are enforceable titles: 1) sentences, provisions and other acts to which the law expressly attributes executive efficacy; 2) authenticated private deeds, relating to the obligations of sums of money contained therein, bills of exchange, as well as other credit instruments to which the law expressly attributes the same effectiveness; 3) documents received from a notary or other public official authorized by law to receive them. Forced execution by delivery or release can only take place by virtue of the executive titles referred to in numbers 1 and 3 of the second paragraph. The precept must contain a full transcription, pursuant to article 480, second paragraph,

Art. 475 (Shipping in executive form)

The sentences and other provisions of the judicial authority and the documents received by a notary or other public official, to be valid as a title for forced execution, must be equipped with the executive formula, unless the law provides otherwise. The dispatch of the title in enforceable form can only be made to the party in favor of whom the provision was pronounced or the obligation stipulated, or to his successors, with indication at the bottom of the person to whom it is sent. The expedition in executive form consists of the heading “Italian Republic – In the name of the law” and the affixing by the chancellor or notary or other public official, on the original or on the copy, of the following formula: “we command all officers judicial that are required and whoever is responsible,

Art. 476 (Other copies in executive form)

No more than one copy in enforceable form may be sent without due cause to the same party. Further copies are requested by the interested party, in the case of a provision with recourse to the head of the office that pronounced it, and in other cases to the president of the court in whose district the document was formed. The application is provided by decree. The chancellor, notary or other public official who contravenes the provisions of this article is sentenced to a pecuniary penalty from 1,000 to 5,000 euros, by decree of the head of the office or the president of the competent court pursuant to the second paragraph.

Art. 477 Effectiveness of the enforceable title against the heirs

The enforceable title against the deceased has effect against the heirs, but they can be notified of the precept only ten days after the notification of the title. Within one year of death, notification can be made to the heirs collectively and impersonally, in the last domicile of the deceased.

Art. 478 Provision of the security

If the effectiveness of the enforceable title is subject to bail, forced execution cannot be started until it has been rendered. The service is confirmed with an annotation at the bottom or in the margin of the title sent in executive form, or with a separate document that must be attached to the title.

Art. 479 (Notification of the enforceable title and precept)

Unless the law provides otherwise, the forced execution must be preceded by the notification of the title in enforceable form and of the precept. The service of the enforceable title must be made to the party personally in accordance with articles 137 et seq. The precept can be drawn up following the enforceable title and be notified together with it, provided that the notification is made to the party personally.

Art. 480 Form of the precept

The precept consists in the order to fulfill the obligation resulting from the enforceable title within a period of not less than ten days, without prejudice to the authorization referred to in article 482, with the warning that, failing that, there will be forced execution . The precept must contain, under penalty of nullity, the indication of the parties, of the date of notification of the enforceable title, if this is done separately, or the integral transcription of the title itself, when required by law. In the latter case, the bailiff, before the notification report, must certify that he has found that the transcription corresponds exactly to the original title. The precept must also contain the declaration of residence or the election of domicile of the requesting party in the municipality where the judge competent for the execution is located. Failing that, the oppositions to the precept are proposed before the judge of the place in which it was notified, and notifications to the instant party are made at the court’s registry. The precept must be signed in accordance with article 125 and notified to the party personally in accordance with articles 137 et seq.

Art. 481 Cessation of the effectiveness of the precept

The precept becomes ineffective if the execution has not started within ninety days from its notification. If opposition is proposed against the precept, the term remains suspended and starts running again in accordance with article 627.

Art. 482 Deadline for performance It is not possible to start forced execution before the term indicated in the precept has expired and in any case not before ten days have elapsed from its notification; but the head of the office competent for the execution, if there is danger in the delay, can authorize immediate execution, with or without bail. The authorization is given by written decree at the bottom of the precept and transcribed by the bailiff in the copy to be notified.

Title II: FORCED EXPROPRIATION

Chapter I: FORCED EXPROPRIATION IN GENERAL

Section I: WAYS AND FORMS OF FORCED EXPROPRIATION IN GENERAL

Art. 483 Cumulation of means of expropriation

The creditor can cumulatively avail himself of the various means of forced expropriation provided for by law; but, upon opposition by the debtor, the judge of the real estate execution, when this has also begun, in other cases the magistrate, with an unchallengeable order, can limit the expropriation to the means chosen by the creditor or, failing that, to that which the judge himself determines.

Art. 484 Judge of execution

The expropriation is directed by a judge. In the courts the appointment of the judge of execution is made by the president, upon presentation by the clerk of the file within two days from which it was formed. In the magistrates’ courts the appointment is made by the manager in accordance with the preceding paragraph. The provisions of Articles 174 and 175 apply to the enforcement judge.

Art. 485 Hearing of interested parties

When the law requires, or the judge deems it necessary, that the parties and possibly other interested parties be heard, the judge himself fixes by decree the hearing at which the distraining creditor, the intervening creditors, the debtor and possibly the other interested parties must appear before he. The decree is communicated by the chancellor. If it appears or appears probable that none of the parties did not appear for reasons beyond his control, the execution judge sets a new hearing of which the clerk notifies the party who did not appear.

Art. 486 Form of requests and instances

If the law does not provide otherwise, the questions and petitions that are proposed to the execution judge are proposed orally when they occur at the hearing, and with an appeal to be filed with the registry in the other cases.

Art. 487 Form of the judge’s measures

Unless the law provides otherwise, the measures of the execution judge are given by order, which can be modified or revoked by the judge himself until it has been enforced. For the orders of the judge of execution, the provisions of articles 176 et seq. As applicable and that of article 186 are observed.

Art. 488 File of enforcement

The chancellor forms a file for each expropriation procedure, in which all the acts carried out by the judge, the chancellor and the bailiff and the deeds and documents deposited by the parties and any interested parties are included.

The praetor or the president of the court competent for the execution or the judge of the execution itself can authorize the creditor to deposit, in place of the original, an authentic copy of the enforceable title, with the obligation to present the original at each request. of the judge.

Art. 489 Place of notifications and communications

The notifications and communications to the distraining creditors are made in the declared residence or in the domicile elected in the writ of precept; those to the creditors who took part, in the declared residence or in the domicile elected in the application for intervention. In the absence of a declaration of residence or of choice of domicile, notifications can be made at the registry of the judge competent for the execution.

Art. 490 (Advertising of notices)

When the law requires public notice of an executive act to be given, a notice containing all the data, which may be of interest to the public, must be posted for three continuous days in the notice board of the judicial office in front of which the executive procedure takes place. In the event of expropriation of registered movable property, for a value exceeding 25,000 euros, and of immovable property, the same notice, together with a copy of the judge’s order and the appraisal report drawn up pursuant to article 173-bis of the provisions implementation of this code, is also posted on specific internet sites at least 45 days before the deadline for the submission of offers or the date of the auction. The judge also orders that the notice be inserted at least forty-five days before the deadline for the submission of offers or the date of the auction one or more times in the local news newspapers with the greatest circulation in the area concerned or, when appropriate, in the newspapers of national information and, when necessary, that it be disclosed in the form of commercial advertising. The dissemination of the notices by other means other than news newspapers must be considered complementary and not alternative. Local, multi-weekly or weekly news newspapers published by subjects registered in the Communications Operators Register (ROC) and having editorial characteristics similar to those of newspapers that guarantee the greatest circulation in the area concerned are equivalent to daily newspapers.

Section II: OF PENALTY

Art. 491 Beginning of expropriation

Without prejudice to the hypothesis provided for in art. 502, forced expropriation begins with foreclosure.

Art. 492 (Form of attachment)

Except for the particular forms provided for in the following chapters, foreclosure consists of an injunction that the bailiff makes to the debtor to refrain from any act aimed at removing the assets that are subject to expropriation and the fruits thereof from the guarantee of the credit exactly indicated. . The attachment must also contain an invitation to the debtor to make the declaration of residence or the election of domicile in one of the municipalities of the district in which the competent judge for execution is based at the registry of the execution judge with the ” warning that, in the absence or in the event of unavailability from the declared residence or elected domicile, the subsequent notifications or communications addressed to him will be made at the registry of the same judge. The attachment must also contain the warning that the debtor, pursuant to art. 495, may ask to replace the attached things or credits with a sum of money equal to the amount owed to the distraining creditor and to the creditors involved, including capital, interest and expenses, as well as execution costs, provided that, penalty of inadmissibility, whether it is deposited by him at the registry, before the sale or assignment is ordered pursuant to art. 530, 552 and 569, the relative application together with a sum not less than one fifth of the amount of the credit for which the attachment was carried out and the credits of the creditors involved indicated in the respective intervention deeds, after deducting the payments made which must be documentary proof be given. When for the satisfaction of the proceeding creditor the assets subject to attachment appear insufficient or the long duration of the liquidation appears evident for them, the bailiff invites the debtor to indicate further assets that can be usefully attached, the places in which they are located or the details of the third party debtors , warning him of the sanction foreseen for the omitted or false declaration. Minutes are drawn up of the debtor’s declaration and signed by the same. If movable things are indicated, these, from the moment of the declaration, are considered seized also for the purposes of article 388, third paragraph, of the criminal code and the bailiff provides access to the place where they are located for the obligations referred to in 520 or, when that place is included in another district, sends a copy of the report to the territorially competent judicial officer. If credits or movable things that are in the possession of third parties are indicated, the attachment is considered to have been completed against the enforced debtor from the moment of the declaration and the latter is the custodian of the sum or of the thing also for the purposes of article 388, fourth paragraph, of the code penalty when the third party, before being notified of the deed referred to in article 543, makes the payment or returns the asset. If immovable property is indicated, the creditor proceeds in accordance with articles 555 et seq. If, following the intervention of other creditors, the foreclosed compendium has become insufficient, the proceeding creditor may request the bailiff to proceed pursuant to the preceding paragraphs for the purpose of exercising the powers referred to in article 499, fourth paragraph. In any case the bailiff, for the purposes of finding the things and credits to be executed, when he does not identify assets that can be usefully attached or the things and credits attached or indicated by the debtor appear insufficient to satisfy the proceeding creditor and the creditors intervened, on request from the proceeding creditor, addresses a request to the entities managing the tax registry and other public databases. The request, possibly concerning several subjects against whom to proceed with foreclosure, must clearly indicate the complete personal details of each, as well as those of the instant creditors. The bailiff also has the right to request the assistance of the public force, where he deems it necessary. If the debtor is a commercial entrepreneur, the bailiff, in the same cases referred to in the seventh paragraph and upon request of the proceeding creditor, with expenses to be borne by the latter, invites the debtor to indicate the place where the accounting records are kept and appoints a accountant or a lawyer or a notary registered in the list referred to in article 179-ter of the provisions for the implementation of this code for their examination in order to identify items and receivables that can be attached. The appointed professional can request information from the financial offices on the place of holding as well as on the storage methods, including IT or telematic ones, of the accounting records indicated in the debtor’s tax returns and accesses them wherever he is, requesting the assistance of the territorially competent judicial officer when necessary. The professional sends a specific report with the results of the verification to the instant creditor and to the bailiff who appointed him, who settles the expenses and compensation. If the report shows things or credits not covered by the debtor’s declaration, the costs of accessing the accounting records and of the report are paid with a provision that constitutes an enforceable title against the debtor. When the law requires that the bailiff in carrying out the attachment be equipped with an enforceable title,

Art. 493 Foreclosures at the request of several creditors Several creditors can hit the same property with a single attachment. The asset on which a foreclosure has been made can be subsequently seized upon request of one or more creditors. Each foreclosure has an independent effect, even if it is combined with others in a single process.

Art. 494 Payment in the hands of the bailiff

The debtor can avoid the attachment by paying the sum for which the proceeding and the amount of the expenses into the hands of the bailiff, with the task of delivering them to the creditor. Upon payment, it is possible to reserve the right to repeat the sum paid. It can also avoid the attachment of things, depositing in the hands of the bailiff, in place of them, as object of attachment, a sum of money equal to the amount of the credit or credits for which one proceeds and of the expenses, increased by two tenths. Article thus replaced by the Law of 14 July 1950, n. 581.

Art. 495 (Conversion of the attachment)

Before the sale or assignment is made pursuant to art. 530, 552 and 569, the debtor may request to replace the attached things or credits with a sum of money equal, in addition to the execution costs, to the amount due to the distraining creditor and to the creditors involved, including capital, interest and expenses. Together with the application, a sum of not less than one fifth of the amount of the credit for which the attachment was carried out and the credits of the creditors indicated in the respective intervention documents must be filed with the registry, under penalty of inadmissibility, payments made for which documentary proof must be provided. The sum is deposited by the clerk with a credit institution indicated by the judge. The sum to replace the foreclosed property is determined by order by the execution judge, after hearing the parties at the hearing no later than thirty days from the filing of the request for conversion. If the foreclosed things consist of immovable property, the judge with the same order may order, if justified reasons exist, that the debtor pay the sum determined in accordance with the third paragraph, plus interest, in monthly installments within the maximum term of eighteen months. scaled to the agreed conventional rate, or, failing that, to the legal rate. If the debtor omits the payment of the amount determined by the judge pursuant to the third paragraph, or omits or delays the payment of even one of the installments provided for in the fourth paragraph by more than 15 days, the sums paid form part of the seized assets. The execution judge, at the request of the proceeding creditor or intervening creditor with the enforceable title, orders without delay the sale of the latter. With the ordinance that admits the replacement, the judge orders that the seized items are released from the attachment and that the sum paid is submitted to you in their stead. The real estate is released from foreclosure with the payment of the entire sum. The application can be made only once on pain of inadmissibility. Real estate is released from attachment with the payment of the entire sum. The application can be made only once, under penalty of inadmissibility. Real estate is released from attachment with the payment of the entire sum. The application can be made only once, under penalty of inadmissibility.

Art. 496 Reduction of the attachment

At the request of the debtor or even ex officio, when the value of the attached assets is higher than the amount of the expenses and credits referred to in the previous article, the judge, having heard the attachment creditor and the creditors involved, can order the reduction of foreclosure.

Art. 497 Cessation of the effectiveness of the attachment

The foreclosure loses its effectiveness when ninety days have elapsed since its completion without the assignment or sale being requested.

Section III: INTERVENTION BY CREDITORS

Art. 498 Notice to registered creditors

Creditors who have a right of first refusal resulting from public registers must be warned of expropriation. To this end, each of them is notified, by the attachment creditor and within five days of attachment, a notice containing the indication of the attachment creditor, of the credit for which proceeding, of the title and of the attached things. In the absence of proof of such notification, the judge cannot decide on the assignment or sale request.

Art. 499 (Intervention)

The creditors who have a credit based on enforceable title against the debtor, as well as creditors who, at the time of the attachment, had carried out a seizure on the attached assets or had a lien or a right of pre-emption resulting from public registers or were holders of a credit for a sum of money resulting from the accounting records pursuant to art. 2214 of the civil code.
The appeal must be filed before the hearing in which the sale or assignment is arranged pursuant to art. 530, 552 and 569, must contain the indication of the credit and that of the title of it, the application to participate in the distribution of the sum obtained and the declaration of residence or the election of domicile in the municipality where the competent judge for the execution. If the intervention takes place for a credit of sum of money resulting from the records referred to in the first paragraph, the appeal must be attached, under penalty of inadmissibility, the authentic notarial extract of the same records issued in accordance with the provisions in force.
The non-enforceable creditor who intervenes in the execution must notify the debtor, within ten days following the filing, a copy of the appeal, as well as a copy of the notarial certified extract certifying the credit if the intervention in the execution takes place by virtue of it.

To the unsecured creditors, who have intervened promptly, the distraining creditor has the right to indicate, by means of a notified deed or at the hearing in which the sale or assignment is arranged, the existence of other assets of the debtor that can be usefully attached, and to invite them to extend the attachment if they are enforceable or, otherwise, to anticipate the expenses necessary for the extension. If the intervening creditors, without just reason, do not extend the attachment to the assets indicated pursuant to the first period within the term of thirty days, the attachment creditor has the right to be preferred to them in the distribution.

With the order with which the sale or assignment is arranged pursuant to art. 530, 552 and 569, the judge also sets a hearing for the appearance before him of the debtor and of the creditors who have intervened without an enforceable title, ordering the notification by one of the parties. Between the date of the order and the date set for the hearing, no more than sixty days can elapse.

At the appearance hearing the debtor must declare which of the credits for which the interventions took place he intends to recognize in whole or in part, specifying in the latter case the relative measure. If the debtor does not appear, all credits for which interventions have taken place in the absence of an enforceable title are considered recognized. In all cases, the recognition is however relevant only to the effects of the execution. The intervening creditors whose credits have been recognized by the debtor participate in the distribution of the sum obtained for the whole or limited to the part of the credit for which there has been partial recognition. The intervening creditors whose credits have been otherwise denied by the debtor have the right, pursuant to art. 510, third paragraph,

Art. 500 (Effects of the intervention)

The intervention, according to the provisions contained in the following chapters and in the cases provided for therein, gives the right to participate in the distribution of the sum obtained, to participate in the expropriation of the foreclosed property and to provoke the individual acts.

Section IV: ON SALE AND ALLOCATION

Art. 501 Dilatory term of the attachment

The request for assignment or sale of the attached assets cannot be proposed until ten days have elapsed from the attachment, except for perishable things, of which the assignment or immediate sale can be arranged.

Art. 502 Deadline for the assignment or sale of the pledge

Except for the special provisions of the civil code, for the expropriation of pledged items and furniture subject to mortgage, the rules of this code are followed, but the assignment or sale can be requested without having been preceded by foreclosure. In this case, the term for the application for assignment or sale starts from the notification of the precept.

Art. 503 Modes of forced sale

Forced sale can be done with or without enchantment, according to the forms provided for in the following chapters.

Art. 504 Termination of the forced sale

If the sale is made in several times or in several lots, it must cease when the price already obtained reaches the amount of the expenses and credits mentioned in the first paragraph of article 495.

Art. 505 Assignment

The attachment creditor may request the assignment of the attached assets, within the limits and according to the rules contained in the following chapters. If other creditors have intervened, the assignment can be requested for the benefit of one or more, in agreement between all.

Art. 506 Minimum value for the assignment

The assignment can be made only for a value not lower than the execution costs and credits having a right of pre-emption prior to that of the bidder. If the value exceeds that indicated in the previous paragraph, the bidder and the other creditors contribute to the excess, observing the pre-emption reasons that assist them.

Art. 507 Form of the assignment

The assignment is made by order of the execution judge containing the indication of the assignee, the attachment creditor, those intervened, the debtor, and possibly the third owner, of the assigned property and the assignment price.

Art. 508 Assumption of debts by the successful tenderer or the assignee

In the case of sale or assignment of an asset encumbered by a pledge or mortgage, the successful bidder or assignee, with the authorization of the execution judge, may agree with the pledge or mortgage creditor the assumption of the debt with the guarantees to inherent it, releasing the debtor. In this case, the assumption of debt must be mentioned in the sale or assignment order.

Section V: OF THE DISTRIBUTION OF THE AMOUNT RECEIVED

Art. 509 Composition of the sum obtained

The sum to be distributed is made up of what comes by way of price or adjustment of the things sold or assigned, of income or proceeds from the foreclosed things, of fine and compensation for damage by the successful bidder.

Art. 510 (Distribution of the amount raised)

If there is only one attachment creditor without the intervention of other creditors, the enforcement judge, having consulted the debtor, orders the payment of what is due to him for capital, interest and expenses in favor of the attachment creditor. Otherwise, the sum obtained is distributed by the judge among the creditors in accordance with the provisions contained in the following chapters, with regard to the legitimate causes of pre-emption and after setting aside the sums that would be due to the intervening creditors without an enforceable title whose credits are not been fully or partially recognized by the debtor. The provision is set by the enforcement judge for the time deemed necessary so that the aforementioned creditors can obtain an enforceable title and, in any case, for a period of time not exceeding three years. Once the deadline has expired, at the request of one of the parties or even ex officio, the judge orders the appearance before him of the debtor, the proceeding creditor and the creditors intervened, with the exception of those who have already been fully satisfied, and gives rise to the distribution of the amount set aside also taking into account the creditors who have intervened who in the meantime have obtained an enforceable title. The appearance of the parties for the distribution of the set aside is ordered even before the deadline has expired if there is a request from one of the aforementioned creditors and there are no others who still have to obtain an enforceable title. The remainder of the sum obtained, after the further distribution referred to in the third paragraph or after the term envisaged therein has elapsed, is delivered to the debtor or to the third party who has undergone the expropriation. the judge orders the appearance before him of the debtor, the proceeding creditor and the creditors who have intervened, with the exception of those who have already been fully satisfied, and gives rise to the distribution of the sum set aside, also taking into account the creditors who have intervened who are in the in the meantime with an enforceable title. The appearance of the parties for the distribution of the set aside is ordered even before the deadline has expired if there is a request from one of the aforementioned creditors and there are no others who still have to obtain an enforceable title. The remainder of the sum obtained, after the further distribution referred to in the third paragraph or after the term envisaged therein has elapsed, is delivered to the debtor or to the third party who has undergone the expropriation. the judge orders the appearance before him of the debtor, the proceeding creditor and the creditors who have intervened, with the exception of those who have already been fully satisfied, and gives rise to the distribution of the sum set aside, also taking into account the creditors who have intervened who are in the in the meantime with an enforceable title. The appearance of the parties for the distribution of the set aside is ordered even before the deadline has expired if there is a request from one of the aforementioned creditors and there are no others who still have to obtain an enforceable title. The remainder of the sum obtained, after the further distribution referred to in the third paragraph or after the term envisaged therein has elapsed, is delivered to the debtor or to the third party who has undergone the expropriation. of the proceeding creditor and of the intervening creditors, with the exception of those who have already been fully satisfied, and gives rise to the distribution of the amount set aside, also taking into account the intervening creditors who have in the meantime been enforceable. The appearance of the parties for the distribution of the set aside is ordered even before the deadline has expired if there is a request from one of the aforementioned creditors and there are no others who still have to obtain an enforceable title. The remainder of the sum obtained, after the further distribution referred to in the third paragraph or after the term envisaged therein has elapsed, is delivered to the debtor or to the third party who has undergone the expropriation. of the proceeding creditor and of the intervening creditors, with the exception of those who have already been fully satisfied, and gives rise to the distribution of the amount set aside, also taking into account the intervening creditors who have in the meantime been enforceable. The appearance of the parties for the distribution of the set aside is ordered even before the deadline has expired if there is a request from one of the aforementioned creditors and there are no others who still have to obtain an enforceable title. The remainder of the sum obtained, after the further distribution referred to in the third paragraph or after the term envisaged therein has elapsed, is delivered to the debtor or to the third party who has undergone the expropriation. and gives rise to the distribution of the amount set aside, also taking into account the intervening creditors who in the meantime have obtained an enforceable title. The appearance of the parties for the distribution of the set aside is ordered even before the deadline has expired if there is a request from one of the aforementioned creditors and there are no others who still have to obtain an enforceable title. The remainder of the sum obtained, after the further distribution referred to in the third paragraph or after the term envisaged therein has elapsed, is delivered to the debtor or to the third party who has undergone the expropriation. and gives rise to the distribution of the amount set aside, also taking into account the intervening creditors who in the meantime have obtained an enforceable title. The appearance of the parties for the distribution of the set aside is ordered even before the deadline has expired if there is a request from one of the aforementioned creditors and there are no others who still have to obtain an enforceable title. The remainder of the sum obtained, after the further distribution referred to in the third paragraph or after the term envisaged therein has elapsed, is delivered to the debtor or to the third party who has undergone the expropriation. The appearance of the parties for the distribution of the set aside is ordered even before the deadline has expired if there is a request from one of the aforementioned creditors and there are no others who still have to obtain an enforceable title. The remainder of the sum obtained, after the further distribution referred to in the third paragraph or after the term envisaged therein has elapsed, is delivered to the debtor or to the third party who has undergone the expropriation. The appearance of the parties for the distribution of the set aside is ordered even before the deadline has expired if there is a request from one of the aforementioned creditors and there are no others who still have to obtain an enforceable title. The remainder of the sum obtained, after the further distribution referred to in the third paragraph or after the term envisaged therein has elapsed, is delivered to the debtor or to the third party who has undergone the expropriation.

Art. 511 Application for replacement

The creditors of a creditor entitled to distribution may ask to be replaced by making an application pursuant to the second paragraph of Article 499. The enforcement judge also makes distribution to them, but disputes relating to their claims cannot delay distribution among other competing creditors.

Art. 512 (Resolution of disputes)

If, during the distribution, a dispute arises between competing creditors or between creditor and debtor or third party subject to expropriation, about the existence or amount of one or more credits or about the existence of pre-emptive rights, the judge of the execution, after hearing the parties and having made the necessary investigations, proceeds by order, which can be challenged in the forms and terms referred to in article 617, second paragraph. The judge may, even with the order referred to in the first paragraph, suspend, in whole or in part, the distribution of the sum obtained.

Chapter II: SECURITIES EXPROPRIATION FROM THE DEBTOR

Section I: OF PENALTY

Art. 513 Search for things to foreclose

The bailiff, with the executive title and the precept, can search for the things to be seized in the debtor’s house and in other places belonging to him. He can also search for them on the person of the debtor, observing the appropriate precautions to respect their decorum. When it is necessary to open doors, closets or containers, to overcome the resistance opposed by the debtor or by third parties, or to remove people who disturb the execution of the attachment, the bailiff provides according to the circumstances, requesting, when necessary, the assistance of the public force. The magistrate, upon recourse from the creditor, can authorize the judicial officer by decree to seize certain things that are not in places belonging to the debtor, but which he can directly dispose of.

Art. 514 (Absolutely unclear movable things)

In addition to the things declared unencumbered by special provisions of the law, the following cannot be foreclosed: 1) sacred things and those that are used for the exercise of worship 2) the wedding ring, clothes, linen, beds, tables for the consumption of meals with the relative chairs, wardrobes, chests of drawers, refrigerator, stoves and kitchen stoves even if gas or electric, washing machine, household and kitchen utensils together with a piece of furniture suitable for containing them, as indispensable to the debtor and to the people of his family living with him; however, furniture, except beds, of significant economic value, also for ascertained artistic or antiques value, are excluded; 3) the edibles and fuels necessary for a month to support the debtor and the other persons indicated in the previous number; 4) repealed 5) weapons and objects that the debtor is obliged to keep for the performance of a public service; 6) decorations for value, letters, registers and family writings in general, as well as manuscripts, unless they form part of a collection.

Art. 515 (Relatively unclear movable property)

The things, which the owner of a property keeps there for the service and cultivation of the same, can be seized separately from the property only in the absence of other furniture; however, the execution judge, at the request of the debtor and having heard the creditor, can exclude from the attachment, with a non-contestable order, those of the aforementioned things that are of use necessary for the cultivation of the land, or can also allow their use although distrained, with the appropriate precautions for their conservation and reconstitution. The judge of execution can give the same dispositions regarding the things destined by the farmer to the service or to the cultivation of the land. The tools, objects and books essential for the exercise of the profession, the art or trade of the debtor can be seized within the limits of one fifth, when the presumed realizable value of the other assets found by the bailiff or indicated by the debtor does not appear sufficient to satisfy the credit; the aforementioned limit does not apply to debtors established in corporate form and in any case if the debtor’s activity results in a prevalence of the capital invested in labor.

Art. 516 Things that can be attached in particular circumstances of time

The fruits not yet collected or separated from the ground cannot be seized separately from the property they access, except in the last six weeks prior to the ordinary time of their maturation, unless the pledging creditor assumes the greater costs of the custody. Silkworms can only be foreclosed when they are mostly on the branches to form the cocoon.

Art. 517 (Choice of things to be seized)

The attachment must be carried out on the things that the bailiff deems easiest and most prompt liquidation, within the limit of a presumed realizable value equal to the amount of the foreclosed credit increased by half. In any case, the bailiff must prefer cash, precious objects and debt instruments and any other asset that appears to be safe to make.

Art. 518 (Form of attachment)

The judicial officer draws up the minutes of his operations, in which he acknowledges the injunction pursuant to art. 492 and describes the foreclosed items, as well as their state, by means of photographic representation or other means of audiovisual recording, approximately determining their presumed realizable value with the assistance, if deemed useful or requested by the creditor, of an appraiser chosen by him. If the foreclosure falls on fruit not yet harvested or separated from the soil or on silkworms, the bailiff describes their nature, quality and location. When he deems it appropriate to postpone the appraisal operations, the bailiff draws up a first report of the attachment, proceeding without delay and in any case within the peremptory term of thirty days to the definitive identification of the assets to be subjected to attachment on the basis of the values ​​indicated by the expert, who is allowed in any case to access the place where the assets are located. The execution judge settles the expenses and remuneration due to the expert, taking into account the values ​​of the actual sale or assignment of the assets or, in any other case, on the basis of the estimated values. In the minutes, the bailiff reports on the provisions made to keep the foreclosed items. If the debtor is not present, the bailiff addresses the injunction to the persons indicated in art. 139 second paragraph, and gives them a notice of the injunction itself for the debtor. In the absence of such persons, he posts the notice on the door of the building in which he carried out the foreclosure. The minutes with the executive title and the precept must be filed with the registry within twenty-four hours from the completion of the operations. At the time of filing, the registrar draws up the enforcement file. The judicial officer transmits a copy of the report to the creditor and debtor who request it by ordinary mail, fax or e-mail, in compliance with the legislation, including regulations, concerning the signing, transmission and reception of electronic and televised documents. At the request of the creditor, to be filed no later than the deadline for filing the request for sale, the judge, appointed an appraiser when it appears appropriate, orders the integration of the attachment if he believes that the presumed realizable value of the attached assets is lower than that indicated in the first paragraph. In this case, the bailiff resumes the search for the assets without delay.

Art. 519 Time of attachment

The attachment cannot be carried out on holidays or outside the hours indicated in article 147, unless authorized by the magistrate. The foreclosure started within the prescribed hours can be continued until its completion.

Art. 520 (Custody of foreclosed furniture)

The bailiff delivers the money, debt securities and valuables affected by the attachment to the clerk of the court. The money must be deposited by the clerk in the form of judicial deposits, while the debt securities and precious objects are kept in the ways that the execution judge determines. For the conservation of the other things, the judicial officer, when the creditor requests them, takes care of transporting them to a place of public deposit or entrusting them to a custodian other than the debtor; in cases of urgency, the bailiff entrusts custody to the authorized institutions referred to in article 159 of the provisions for the implementation of this code.

Art. 521 (Appointment and duties of the custodian)

The creditor or his spouse cannot be appointed custodian without the consent of the debtor, nor the debtor or the persons of his family who live with him without the consent of the creditor. The custodian signs the minutes from which his appointment results. In order to preserve the foreclosed items, the bailiff authorizes the custodian to leave them in the property belonging to the debtor or to transport them elsewhere. The custodian cannot use foreclosed things without the authorization of the execution judge and must render the account in accordance with art. 593. When the request for sale is filed, the judge orders the replacement of the custodian by appointing the institution referred to in the first paragraph of article 534 which within thirty days, after sending a communication containing the date and approximate time of access , provides for the transport of the foreclosed goods to its headquarters or other premises in its availability. The persons appointed by the institute, when it is necessary to learn the goods, can open doors, closets and containers and request the assistance of the public force. For goods that are difficult to transport with the use of the means usually used, the institute can ask to be authorized to provide for their custody in the place where they are located.

Art. 522 Compensation of the custodian

The custodian has no right to compensation if he has not asked for it and if it has not been recognized by the bailiff at the time of his appointment. No compensation can be attributed to the persons indicated in the first paragraph of the previous article.

Art. 523 Union of foreclosures

The bailiff, who finds a foreclosure already started by another bailiff, continues the operations together with him. They draw up a single report.

Art. 524 (Subsequent attachment)

The bailiff, who finds a foreclosure already completed, acknowledges it in the minutes by describing the previously attached furniture, and then proceeds to the attachment of the other assets or makes it clear in the minutes that there are none. The minutes are filed with the registry and inserted in the file formed on the basis of the first attachment, if the subsequent one is carried out before the hearing provided for in article 525 first paragraph, or upon presentation of the appeal for the assignment or sale of the assets. distrained in the hypothesis provided for in the second paragraph of article 525. In this case the registrar informs the first distraining creditor and the execution takes place in a single process. The subsequent attachment, if it is carried out after the above hearing or after the presentation of the aforementioned appeal, it has the effects of a late intervention with respect to the assets affected by the first attachment. If it affects other assets, a separate trial takes place for them.

Section II: INTERVENTION BY CREDITORS

Art. 525 Timed condition of the intervention

For the purposes referred to in the following articles, the intervention must take place no later than the first hearing set for the authorization of the sale or for the assignment. The registrar informs the distraining creditor of this intervention. If the value of the attached assets, determined pursuant to article 518, does not exceed ten million lire, the intervention referred to in the previous paragraph must take place no later than the date of presentation of the appeal, provided for by article 529 (1) . Article thus replaced by Law 14 July 1950, n. 581. (1) Paragraph thus replaced by art. 72, L. November 26, 1990, n. 353.

Art. 526 (Faculty of the intervening creditors)

The creditors intervened pursuant to art. 525 participate in the expropriation of the foreclosed furniture and, if they have an enforceable title, they can provoke individual acts.

Art. 527 Right of creditors involved in the distribution (repealed)

Art. 528 (Late intervention)

Unsecured creditors who intervene after the deadlines referred to in Article 525, but before the distribution measure, contribute to the distribution of the part of the sum obtained that exceeds after the rights of the pledging creditor, the privileged creditors and those intervening previously have been satisfied. The creditors who have a right of first refusal on the foreclosed items, even if they intervene in accordance with the preceding paragraph, contribute to the distribution of the sum obtained on the basis of their right of first refusal.

Section III: ALLOCATION AND SALE

Art. 529 Application for assignment or sale Once the term referred to in article 501 has elapsed, the distraining creditor and each of the intervening creditors with enforceable title may request the distribution of money and the sale of all other assets. Debt securities and other things whose value is shown on the stock exchange or market list can also be assigned. The appeal must be accompanied by the certificate of registration of the privileges imposed on the foreclosed furniture.

Art. 530 (Provision for the assignment or for the authorization of the sale)

On the request referred to in the previous article, the execution judge sets the hearing for the parties. At the hearing, the parties can make observations about the assignment and about the time and methods of the sale and must propose, under penalty of forfeiture, oppositions to the executive deeds, if they have not already lost the right to propose them. If there are no objections or if the agreement of the appearing parties is reached, the execution judge orders the assignment or sale by order. If there are objections, the execution judge decides them with a sentence and orders the assignment or sale by order. If the hypothesis provided for in the second paragraph of Article 525 occurs, and no creditors have intervened, until the appeal is filed, the execution judge will arrange for the assignment or sale by decree; otherwise it will proceed in accordance with the preceding paragraphs, but only creditors who have intervened within the term provided for in the second paragraph of article 525 will be heard. Art. 531 Sale of pending fruits or special movable property

The sale of pending fruits cannot be arranged except for the time of their ripening, except for different local customs. The sale of silkworms cannot be done before they are in cocoons. Of the things indicated in article 515, the praetor may defer the sale for the period he deems necessary to meet the needs of the farm.

Art. 532 (Sale by commission agent)

The execution judge can order the sale without enchantment or through a commission agent of the attached assets. The foreclosed items must be entrusted to the judicial sales institute, or, with a motivated provision, to another person specialized in the sector of competence, in order to proceed with the sale as a commission agent. In the same provision referred to in the first paragraph, the judge, after having heard, if necessary, an appraiser with specific technical and commercial preparation in relation to the peculiarity of the asset itself, fixes the minimum price of the sale and the overall amount until the which the sale must be carried out, and may impose a deposit on the commission agent. If the value of the items results from the stock exchange or market list,

Art. 533 Obligations of the commission agent

The commission agent cannot sell except for cash. In any case, he is required to document the sales operations by means of a certificate, invoice or fixed postmark in duplicate, one of which must be delivered to the clerk with the price obtained from the sale, within the term established by the magistrate in his provision. If the sale without enchantment does not take place within one month from the authorization provision, the commission agent, unless the term is extended at the request of all the creditors involved, must return the goods, so that they are sold at the auction. The fee to the commission agent is established by the praetor by decree. Article thus replaced by Presidential Decree 17 October 1950, n. 857.

Art. 534 Auction sale

When the sale must be made at public auction, the magistrate, with the provision referred to in article 530, establishes the day, time and place in which it must be carried out, and entrusts its execution to the clerk or judicial officer. or to an institution authorized for this purpose. In the same provision, the magistrate may order that, in addition to the advertising provided for in the first paragraph of article 490, extraordinary advertising is also given in accordance with the third paragraph of the same article. Article thus replaced by Presidential Decree 17 October 1950, n. 857.

Art. 534 bis (Delegation of sales operations) With the provision referred to in Article 530, the judge may, having heard the interested parties, delegate to the institution referred to in the first paragraph of Article 534, or failing that to a notary having preferably located in the district or to a lawyer or an accountant, registered in the relative lists referred to in article 179ter of the provisions implementing this code, the completion of sales operations with enchantment or without enchantment of movable property registered in the public registers. The delegation and consequent acts are governed by the provisions of article 591-bis, insofar as they are compatible with the provisions of this section.

Art. 534 ter (Appeal to the enforcement judge)

When, during the sales operations, difficulties arise, the delegated professional can contact the Execution Judge, who provides with a decree. The parties and interested parties can lodge a complaint against the aforementioned decree and against the acts of the professional with recourse to the same Judge, who provides by order; the appeal does not suspend the sales operations unless the Judge, concurring serious reasons, orders the suspension. The provisions of art. 617.

Art. 535 Base price of the auction

If the value of the items results from a stock exchange or market price list, the base price is determined by the minimum of the day before the sale. In any other case, the magistrate, in the provision referred to in article 530, having heard when an appraiser is needed, fixes the opening price of the auction or authorizes, if circumstances advise, the sale to the highest bidder without determining the minimum price.

Art. 536 Transport and recognition of things to be sold

Whoever is in charge of the sale has the foreclosed items transported, when necessary, to the place established for the enchantment, and can request the intervention of the public force. In any case, before reaching the enchantments, he must carry out, in collaboration with the keeper, the recognition of the objects to be sold, comparing them with the description contained in the attachment report.

Art. 537 Method of enchantment

The items to be sold are offered individually or in lots according to convenience, for the basic price referred to in article 535. The award to the highest bidder follows when, after a double public statement of the price reached, a greater bid is not made . If the sale cannot be completed on the established day, it continues on the first non-holiday day. Minutes of the auction are drawn up and immediately deposited in the registry.

Art. 538 (New auction)

When a thing put up for auction remains unsold, the person entrusted with the execution of the sale sets a new auction at a base price one fifth lower than the previous one.

Art. 539 Sale or assignment of gold and silver objects

Gold and silver items cannot under any circumstances be sold for a price lower than their intrinsic value. If they remain unsold, they are assigned for that value to creditors.

Art. 540 Payment of the price and resale

The auction is done for cash. If the price is not paid, a new auction is carried out immediately, at the expense and under the responsibility of the defaulting bidder. The sum obtained from the sale is immediately delivered to the clerk to be deposited with the forms of judicial deposits.

Section IV: OF THE DISTRIBUTION OF THE AMOUNT RECEIVED

Art. 541 Friendly distribution

If the competing creditors ask for the distribution of the sum obtained according to an agreed plan, the praetor, having consulted the debtor, proceeds in compliance.

Art. 542 Judicial distribution

If the creditors do not reach the agreement referred to in the previous article or the magistrate does not approve it, each of them can ask for the distribution of the sum obtained. The magistrate, after hearing the parties, distributes the sum obtained in accordance with articles 510 and following and orders the payment of the individual shares.

Chapter III: EXPROPRIATION FROM THIRD PARTIES

Section I: SEQUENCE AND INTERVENTION

Art. 543 (Form of attachment)

The attachment of debtor’s credits towards third parties or debtor’s things that are in the possession of third parties, is carried out by means of an act notified personally to the third party and to the debtor in accordance with articles 137 and following. The deed must contain, in addition to the injunction to the debtor referred to in article 492: 1) an indication of the credit for which one is proceeding, of the enforceable title and of the precept; 2) the indication, at least in general terms, of the things or sums due and the notice to the third party not to dispose of them without a judge’s order; 3) the declaration of residence or the election of domicile in the municipality where the competent court is located; 4) summons from the third party and the debtor to appear before the enforcement judge of the third party’s place of residence, so that the latter makes the declaration referred to in article 547 and the debtor is present in the declaration and in the further deeds, with an invitation to the third party to appear when the attachment concerns the credits referred to in article 545, third and fourth paragraphs, and in the others cases to communicate the declaration referred to in Article 547 to the proceeding creditor within ten days by registered mail. In indicating the appearance hearing, the deadline provided for in article 501 must be respected. The bailiff, who has served the document, is required to immediately deposit the original in the court registry for the formation of the file provided for in article 488.

Art. 544 (Pledge or mortgage to guarantee the foreclosed credit)

If the foreclosed credit is guaranteed by a pledge, the person who holds the property pledged not to return it without a court order. If the foreclosed credit is secured by a mortgage, the attachment deed must be noted in the land books.

Art. 545 (Unchallengeable credits)

Maintenance claims cannot be attached, except for alimony and always with the authorization of the praetor and for the part determined by him by decree. Credits relating to pardon or sustenance subsidies to persons included in the list of the poor, or subsidies due for maternity, sickness and funerals from insurance funds, assistance organizations or charitable institutions cannot be attached. The sums owed by private individuals by way of salary, wages and other indemnities relating to the employment or employment relationship, including those due due to dismissal, can be attached for maintenance claims to the extent authorized by the magistrate. These sums can be seized to the extent of one fifth for taxes due to the state, provinces and municipalities, and equally for any other credit. The attachment for the simultaneous concurrence of the causes indicated above cannot extend beyond half the amount of the aforementioned sums. In any case, the other limitations contained in special legal provisions remain valid.

Art. 546 (Obligations of the third party)

From the day on which the deed provided for in article 543 is notified to him, the third party is subject, with regard to the things and sums owed by him and within the limits of the amount of the receivable, increased by half, to the obligations established by law imposes on the caretaker. In the case of attachment carried out by several third parties, the debtor may request the proportional reduction of the individual attachments pursuant to Article 496 or the declaration of ineffectiveness of any of them; the judge of execution, having summoned the parties, provides by order no later than twenty days from the request.

Art. 547 (Declaration of the third party)

With a declaration at the hearing or, in the cases provided for, by registered letter to the proceeding creditor, the third party, personally or by means of a special attorney or the defender with a special power of attorney, must specify what things or what sums he owes or is in possession, and when payment or delivery must be made. He must also specify the seizures previously carried out with him and the transfers that have been notified to him or that he has accepted. The attachment creditor must call the sequestrator in the process within the peremptory term set by the judge.

Art. 548 (Failure or contested declaration by the third party) (1)

If the third party does not appear at the established hearing or, upon appearing, refuses to make the declaration, or if disputes arise around it, the judge, at the request of a party, arranges for the investigation of the case in accordance with the second book (2). If the third party does not make the declaration even in the course of the trial of first instance, the provision of the first paragraph of Article 232 may be applied to him.

(1) Article thus replaced by Presidential Decree 17 October 1950, n. 857. (2) Paragraph thus replaced pursuant to Article 98 of Legislative Decree 19 February 1998, n. 51

Art. 549 (Verification of the third party’s obligation)

With the sentence defining the judgment referred to in the previous article, the judge, if he ascertains the existence of the debtor’s right towards the third party, establishes a peremptory term for the parties to continue the executive process.

Art. 550 (Plurality of foreclosures)

The third party must indicate the foreclosures that have been carried out with him. If other foreclosures are carried out after the third party has made the declaration of him, he can limit himself to recalling the previous declaration and the foreclosures to which he referred. The provisions of article 524 second and third paragraphs apply.

Art. 551 (Intervention)

The intervention of other creditors is regulated in accordance with articles 525 and following. For the purposes of article 526, the intervention must not take place after the first hearing for the appearance of the parties.

Section II: ALLOCATION AND SALE

Art. 552 Assignment and sale of things owed by the third party

If the third party declares or is declared the owner of things belonging to the debtor, the magistrate, after hearing the parties, arranges for the assignment or sale of the movable things in accordance with articles 529 et seq., Or for the assignment of credits in accordance with of the following article.

Art. 553 Assignment and sale of credits

If the third party declares or is declared a debtor of sums due immediately or within a term of no more than ninety days, the magistrate assigns them as payment, except for collection of competing creditors. If the sums owed by the third party are payable in a longer term, or they are censuses or perpetual or temporary annuities, and the creditors do not ask for their agreement to be assigned, the rules referred to in the previous article for the sale of things apply. mobile. The value of perpetual annuities and censuses, when assigned to creditors, must be reported at the rate of one hundred lire of capital for five lire of annuity.

Art. 554 Pledge or mortgage to guarantee the credit assigned

If the credit assigned or sold is guaranteed by a pledge, the praetor orders that the thing pledged be entrusted to the assignee or contractor of the credit or to a third party he designates, after consulting the parties. If the assigned or sold credit is secured by a mortgage, the assignment order or the deed of sale must be noted in the land books.

Chapter IV: REAL ESTATE EXPROPRIATION

Section I: OF PENALTY

Art. 555 Form of the attachment

The real estate foreclosure is carried out by notification to the debtor and subsequent transcription of a deed in which they are indicated exactly, with the details required by the civil code for the identification of the mortgaged property, the real estate assets and rights that are intended to be executed, and the injunction provided for in article 492 is issued to him. Immediately after notification, the bailiff delivers an authentic copy of the deed with the transcription notes to the competent registrar of the real estate registers, who transcribes the deed and returns one of the notes to him. The activities envisaged in the preceding paragraph can also be carried out by the distraining creditor, to whom the bailiff, if requested, must deliver the above documents.

Art. 556 Expropriation of furniture together with immovable property

The creditor can have the furniture that furnishes it seized together with the property, when it appears appropriate that the expropriation takes place as a unit. In this case, the bailiff forms separate documents for the property and furniture, but deposits them together in the court chancellery.

Art. 557 (Filing of the attachment deed)

The bailiff who carried out the attachment must immediately file the attachment deed and, as soon as possible, the transcription note returned to him by the registrar of the real estate registers in the registry of the court competent for the execution. The attachment creditor must file the enforceable title and the precept within ten days of the attachment and, in the hypothesis referred to in the last paragraph of Article 555, the transcription note just returned to him by the real estate registrar. At the time of filing the attachment deed, the clerk creates the enforcement file.

Art. 558 Limitation of expropriation

If a mortgage lender extends the foreclosure to non-mortgaged properties in his favor, the enforcement judge may apply the provisions of Article 496, or may suspend the sale until the sale relating to the mortgaged properties is completed.

Art. 559 (Custody of seized assets)

With the attachment, the debtor is constituted the custodian of the seized assets and all accessories including the appurtenances and the fruits, without the right to compensation. At the request of the distraining creditor or an intervening creditor, the enforcement judge, having heard the debtor, can appoint a person other than the same debtor as custodian. The judge will appoint a different person when the property is not occupied by the debtor. The judge will replace the custodian in the event of non-compliance with the obligations incumbent on him. The judge, if the custodian of the seized assets is the debtor and unless, due to the particular nature of the same, he deems that the replacement is of no use, he decides, at the moment in which he pronounces the order authorizing the sale or the delegation of the relative operations, that the custodian of said assets is the person in charge of said operations or the institution referred to in the first paragraph of article 534. If this institution is not available or needs to be replaced, another person is appointed custodian. The measures referred to in the preceding paragraphs are pronounced with an order that cannot be challenged.

Art. 560 (Method of appointment and revocation of the custodian. Method of custody)

The provisions for the appointment and revocation of the custodian, as well as the authorization referred to in the third paragraph or its revocation, are given by an order that cannot be challenged. In the latter case, the ordinance constitutes an enforceable title for the release. After the award, the successful bidder must be heard pursuant to article 485. The debtor and the third party appointed custodian must render the account pursuant to article 593. The execution judge orders, with a non-contestable provision, the release of ‘foreclosed property, when it does not deem it authorizing the debtor to continue to live in it, or part of it, or when it revokes the said authorization, if previously granted, or when it awards or assigns the property. The provision constitutes an enforceable title for the release and is executed by the custodian even after the pronouncement of the transfer decree in the interest of the successful bidder or the assignee if they do not exempt it. The Judge, with the order referred to in the third paragraph of art. 569, establishes the methods by which the custodian must ensure that those interested in submitting a purchase offer examine the goods for sale. In any case, with the authorization of the execution judge, the custodian provides for the administration and management of the foreclosed property and exercises the actions required by law and necessary to obtain its availability. If the debtor proves that he has no other means of support, the judge can also grant him a maintenance allowance on the annuities within the limits of what is strictly necessary. The judge, with the order referred to in the first paragraph, establishes the modalities with which the custodian must ensure that those interested in submitting a purchase offer examine the goods for sale. The custodian provides for the administration and management of the foreclosed property and exercises the actions required by law and necessary to ensure its availability.

Art. 561 Subsequent attachment

If, in transcribing an attachment deed, the registrar of real estate finds that another attachment has been carried out on the same assets, he mentions it in the transcription note that he returns. The attachment deed with the other documents indicated in article 557 is filed with the registry and inserted in the file formed on the basis of the first attachment, if the subsequent one is completed before the hearing provided for in article 563, second paragraph. In this case, the execution takes place in a single process. If the subsequent attachment is completed after the aforementioned hearing, the last paragraph of article 524 applies.

Art. 562 Ineffectiveness of the attachment and cancellation of the registration

If the attachment becomes ineffective for the expiry of the term provided for in article 497, the execution judge with the order referred to in article 630 orders that the registration be canceled. The registrar of the land registers provides for the cancellation upon presentation of the order.

Section II: INTERVENTION BY CREDITORS

Art. 563 Conditions and time of intervention (repealed)

Art. 564 (Faculty of the intervening creditors)

Creditors who attend no later than the first hearing set for the authorization of the sale participate in the expropriation of the foreclosed property and, if they have an enforceable title, they can provoke the individual acts.

Art. 565 (Late intervention)

Unsecured creditors who attend after the hearing indicated in article 564, but before the one provided for in article 596, contribute to the distribution of that part of the sum obtained which exceeds after the rights of the distraining creditor and those intervened previously and according to the following article.

Art. 566 Intervention by registered and privileged creditors

Registered and privileged creditors who attend after the hearing indicated in article 564, but before the one provided for in article 596, contribute to the distribution of the sum obtained by reason of their pre-emptive rights, and, when they have an enforceable title, they can provoke acts of expropriation.

Section III: ON SALE AND ALLOCATION

§ 1: GENERAL PROVISIONS

Art. 567 (Application for sale)

Once the term referred to in article 501 has elapsed, the attachment creditor and each of the creditors intervening with enforceable title may request the sale of the attachment property. The creditor who requests the sale must, within one hundred and twenty days from the filing of the appeal, attach to the same the extract from the land registry, as well as the certificates of the registrations and transcriptions relating to the foreclosed property made in the twenty years prior to the registration of the attachment; this documentation can be replaced by a notarial certificate certifying the results of the cadastral surveys and real estate registers. The term referred to in the second paragraph may be extended only once at the request of the creditors or the executor, for just reasons and for a duration not exceeding a further one hundred and twenty days. A term of one hundred and twenty days is also assigned to the creditor by the judge, when he believes that the documentation filed by him must be completed. If the extension is not requested or not granted or if the documentation is not integrated within the term assigned pursuant to the provisions of the previous period, the execution judge, even ex officio, declares the ineffectiveness of the attachment with respect to the property. for which the required documentation has not been filed. The ineffectiveness is declared by ordinance, after hearing the parties. The judge, with the order, orders the cancellation of the registration of the attachment. The second paragraph of Article 562 applies. The judge also declares the extinction of the executive process if there are no other seized assets. when he believes that the documentation deposited by him must be completed. If the extension is not requested or not granted or if the documentation is not integrated within the term assigned pursuant to the provisions of the previous period, the execution judge, even ex officio, declares the ineffectiveness of the attachment with respect to the property. for which the required documentation has not been filed. The ineffectiveness is declared by ordinance, after hearing the parties. The judge, with the order, orders the cancellation of the registration of the attachment. The second paragraph of Article 562 applies. The judge also declares the extinction of the executive process if there are no other seized assets. when he believes that the documentation deposited by him must be completed. If the extension is not requested or not granted or if the documentation is not integrated within the term assigned pursuant to the provisions of the previous period, the execution judge, even ex officio, declares the ineffectiveness of the attachment with respect to the property. for which the required documentation has not been filed. The ineffectiveness is declared by ordinance, after hearing the parties. The judge, with the order, orders the cancellation of the registration of the attachment. The second paragraph of Article 562 applies. The judge also declares the extinction of the executive process if there are no other seized assets. If the extension is not requested or not granted or if the documentation is not integrated within the term assigned pursuant to the provisions of the previous period, the execution judge, even ex officio, declares the ineffectiveness of the attachment with respect to the property. for which the required documentation has not been filed. The ineffectiveness is declared by ordinance, after hearing the parties. The judge, with the order, orders the cancellation of the registration of the attachment. The second paragraph of Article 562 applies. The judge also declares the extinction of the executive process if there are no other seized assets. If the extension is not requested or not granted or if the documentation is not integrated within the term assigned pursuant to the provisions of the previous period, the execution judge, even ex officio, declares the ineffectiveness of the attachment with respect to the property. for which the required documentation has not been filed. The ineffectiveness is declared by ordinance, after hearing the parties. The judge, with the order, orders the cancellation of the registration of the attachment. The second paragraph of Article 562 applies. The judge also declares the extinction of the executive process if there are no other assets attached. declares the ineffectiveness of the attachment relating to the property for which the required documentation has not been filed. The ineffectiveness is declared by ordinance, after hearing the parties. The judge, with the order, orders the cancellation of the registration of the attachment. The second paragraph of Article 562 applies. The judge also declares the extinction of the executive process if there are no other seized assets. declares the ineffectiveness of the attachment relating to the property for which the required documentation has not been filed. The ineffectiveness is declared by ordinance, after hearing the parties. The judge, with the order, orders the cancellation of the registration of the attachment. The second paragraph of Article 562 applies. The judge also declares the extinction of the executive process if there are no other seized assets.

Art. 568 Determination of the property value

For the purposes of expropriation, the value of the property is determined pursuant to article 15, first paragraph. For the right of the director, the value, for the purposes indicated, is determined on the basis of eight tenths of that calculated in accordance with the last paragraph of article 13. If the asset is not subject to direct tax to the State or if for any reason the judge considers that the value determined in accordance with the previous provisions is manifestly inadequate, the value is determined by the judge himself on the basis of the elements provided by the parties and of those that an expert appointed by him can provide.

Art. 569 (Provisions for the authorization of the sale)

Following the request referred to in article 567, the execution judge, within thirty days of the filing of the documentation referred to in the second paragraph of article 567, appoints the expert, summoning him before him to take the oath and fixes the hearing for the appearance of the parties and creditors referred to in article 498 who did not attend. Between the date of the provision and the date set for the hearing, no more than one hundred and twenty days can elapse. At the hearing, the parties can make observations about the time and methods of the sale, and must propose, under penalty of forfeiture, oppositions to the executive deeds, if they have not already lapsed from the right to propose them. If there is no opposition or if the agreement of the appearing parties is reached on them, the judge orders the sale by order, If there are objections, the court decides them with a sentence and then the execution judge orders the sale by order. With the same order, the judge establishes the term within which it must be notified, by the creditor who has requested the sale or by another authorized person, to the creditors referred to in article 498 who have not appeared.

§ 2: SALE WITHOUT ENCHANTING

Art. 570 (Notice of sale)

The sales order is given by the clerk, pursuant to art. 490, public notice containing the indication of the details provided for in art. 555, of the value of the property determined pursuant to art. 568, of the website on which the relative appraisal report is published, of the name and telephone number of the custodian appointed to replace the debtor, with the warning that more information, also relating to the debtor’s personal details, can be provided by the registry of the court to anyone who has an interest in it.

176 previously in force) § 2 Sale without auction Art. 570 (Notice of sale) The registrar, pursuant to article 490, gives a public notice of the sale order containing the indication of the details provided for in article 555 and of the value of the property determined in accordance with article 568, with the caveat that more information, also relating to the debtor’s personal details, can be provided by the court registry to anyone who has an interest in it. Art. 570 (Notice of sale) The sales order is given by the clerk, in accordance with art. 490, public notice containing the indication of the details provided for in art. 555, of the value of the property determined pursuant to art. 568, of the website on which the related appraisal report is published, the name and telephone number of the custodian appointed to replace the debtor, with the warning that more information, also relating to the debtor’s personal details, can be provided by the court registry to anyone who has an interest in it. (The law enters into force on March 1, 2006 and also applies to executive procedures pending on that date of entry into force; however, when the sale has already been ordered, the sale takes place in compliance with the regulations previously in force) Art. 571 (Purchase offers) Everyone, except the debtor, is allowed to offer for the purchase of the foreclosed property personally or by means of a solicitor also in accordance with the last paragraph of article 579. The tenderer must submit a declaration in the registry containing the indication of the price, the time and method of payment and any other element useful for evaluating the offer. If a longer term is not fixed by the bidder, the offer cannot be revoked for twenty days. The offer is not effective if it is lower than the price determined in accordance with Article 568 and if the offeror does not provide a security not less than one tenth of the price proposed by him.

Art. 571 (Purchase offers)

Everyone, except the debtor, is allowed to offer for the purchase of the foreclosed property personally or by means of a solicitor also in accordance with the last paragraph of Article 579. The bidder must submit a declaration in the registry containing an indication of the price, time and method of payment and any other element useful for evaluating the bid. The offer is not effective if it is received after the deadline established pursuant to article 569, third paragraph, if it is lower than the price determined pursuant to article 568 or if the bidder does not provide security, in the manner established in the ordinance. of sale, to an extent not less than one tenth of the price proposed by him. The offer is irrevocable, unless: 1) the judge orders a competition between the bidders referred to in article 573; 2) the judge orders the spell; 3) one hundred and twenty days have elapsed from its presentation and it has not been accepted. The offer must be filed in a sealed envelope on the outside of which are noted, by the receiving registrar, the name, after identification, of the person who materially provides for the deposit, the name of the execution judge or of the professional delegated pursuant to 591-bis and the date of the hearing set for the examination of the offers. If it is established that the deposit is to be paid by cashier’s check, it must be inserted in the envelope. The envelopes are opened at the hearing scheduled for the examination of the offers in the presence of the bidders. upon identification, of the person who materially provides for the deposit, the name of the judge of execution or of the professional delegated pursuant to article 591-bis and the date of the hearing set for the examination of the offers. If it is established that the deposit is to be paid by cashier’s check, it must be inserted in the envelope. The envelopes are opened at the hearing scheduled for the examination of the offers in the presence of the bidders. upon identification, of the person who materially provides for the deposit, the name of the judge of execution or of the professional delegated pursuant to article 591-bis and the date of the hearing set for the examination of the offers. If it is established that the deposit is to be paid by cashier’s check, it must be inserted in the envelope. The envelopes are opened at the hearing scheduled for the examination of the offers in the presence of the bidders.

Art. 572 (Resolution on the offer)

On the offer, the execution judge hears the parties and the registered creditors who have not intervened. If the offer is higher than the value of the property determined in accordance with article 568, increased by one fifth, the offer is certainly accepted. If the offer is lower than this value, the judge cannot proceed with the sale if there is the dissent of the proceeding creditor, or if the judge believes that there is a serious possibility of a better sale with the auction system. In such cases, the same certainly takes place under the conditions and with the terms established with the ordinance issued pursuant to article 569. The provisions of articles 573, 574 and 577 apply.

Art. 573 (Tender between bidders)

If there are several bids, the enforcement judge invites the bidders to tender on the highest bid. If the tender cannot take place due to lack of support from the bidders, the judge can order the sale to the highest bidder or order the auction.

Art. 574 Provisions relating to the sale

The execution judge, when the sale takes place, establishes by decree the method of payment of the price and the deadline, from the communication of the decree, within which the payment must be made, and, when this has occurred, pronounces the decree envisaged. in article 586. The provision of article 583 is also applied to this form of sale. If the price is not deposited in accordance with the decree referred to in the first paragraph, the judge proceeds in accordance with article 587.

Art. 575 Term of offers without auction (repealed)

§ 3: SALE WITH ENCHANT

Art. 576 (Content of the provision ordering the sale)

The judge of the execution, when he orders the spell, establishes, having heard when an expert is needed: 1) if the sale must be made in one or more lots; 2) the base price of the auction determined in accordance with article 568; 3) the day and time of the enchantment; 4) the term that must run between the completion of the forms of advertising and the auction, as well as any forms of extraordinary advertising pursuant to article 490, last paragraph; 5) The amount of the deposit not exceeding one tenth of the basic auction price and the term within which this amount must be lent by the bidders; 6) the minimum amount of the increase to be made to the offers; 7) the deadline, not exceeding sixty days from the award, within which the price must be deposited and the methods of deposit.

Art. 577 Indivisibility of the funds


The division into lots cannot be arranged if the property constitutes a cultivation unit or if the division could prevent its rational cultivation.

Art. 578 Delegation to carry out the sale

If a part of the seized property is located in the district of another court, with the order that orders the sale, the execution judge can establish that the enchantment takes place, for that part, before the court of the place where it is located. located. In this case, a copy of the order is sent by the clerk to the president of the delegated court, who appoints a judge for the execution of the sale.

Art. 579 People admitted to the auctions

Except as provided in the following article, everyone, except the debtor, is allowed to bid at the auction. Offers must be made personally or by means of an agent with a special power of attorney. Solicitors can bid for people to nominate.

Art. 580 (Provision of the deposit) To offer the auction it is necessary to have given the deposit in accordance with the ordinance referred to in article 576. If the bidder does not become successful, the deposit is returned immediately after the closing of the auction, unless he has failed to participate in it, personally or by means of a special proxy, without documented and justified reason. In this case, the deposit is returned only to the extent of nine tenths of the whole and the remainder is retained as a sum recovering in all respects from the execution.

Art. 581 Rules of the enchantment

The spell takes place before the execution judge, in the public audience hall, with the virgin candle system. Offers are not effective if they do not exceed the base price or the previous offer to the extent indicated in the conditions of sale. Immediately after each offer, up to three candles light up successively, each lasting about one minute. When the third candle has gone out without a higher bid being made, the property is sold to the last bidder. Each bidder ceases to be held for his bid when it is overtaken by another, even if this is then declared void.

Art. 582 Declaration of residence or choice of domicile of the successful bidder

The successful bidder must declare his residence or elect domicile in the municipality where the judge who proceeded with the sale is based. Failing that, notifications and communications can be made to him at the court’s registry.

Art. 583 Award for person to be appointed

The solicitor, who remained successful for the person to be appointed, must declare the name of the person for whom he made the offer in the registry within three days of the auction, depositing the mandate. Failing that, the award becomes definitive in the name of the attorney.

Art. 584 (Offers after the auction)

Once the auction has taken place, bids can still be made within the peremptory term of ten days, but they are not effective if the price offered does not exceed by one fifth that reached in the auction. The offers referred to in the first paragraph are made by filing with the registry in the forms referred to in article 571, by giving a deposit for a sum equal to double the deposit paid pursuant to article 580. The judge, having verified the regularity of the offers, the tender, of which the Registrar gives public notice pursuant to article 570 and communicates to the successful tenderer, setting the peremptory deadline within which further offers can be made pursuant to the second paragraph. In addition to the increasing bidders referred to in the previous paragraphs and the successful bidder, they can participate in the tender also the bidders at the previous auction who, within the term set by the judge, have integrated the deposit to the extent referred to in the second paragraph. If none of the increasing bidders participates in the tender called pursuant to the third paragraph, the award becomes definitive, and the judge pronounces against the bidders referred to in the first paragraph, unless there is a documented and justified reason, the loss of the deposit, the amount of which is withheld as recoverable in all respects from the execution.

Art. 585 (Payment of the price)

The successful bidder must pay the price within the term and in the manner established by the ordinance which orders the sale pursuant to article 576, and deliver the document proving the payment to the clerk. If the property has been awarded to a mortgage lender or the successful bidder has been authorized to assume a debt secured by a mortgage, the enforcement judge may, by decree, limit the payment to the part of the price necessary for expenses and for the satisfaction of other creditors who may be sufficient. If the payment of the price takes place with the disbursement following a loan agreement that provides for the direct payment of the sums disbursed in favor of the procedure and the first degree mortgage guarantee on the same property being sold,

Art. 586 (Transfer of expropriated property)

Once the payment of the price has been made, the execution judge can suspend the sale when he considers that the price offered is considerably lower than the right one, or pronounce a decree by which he transfers the expropriated property to the successful bidder, repeating the description contained in the order that provides the sale and ordering that the transcripts of the foreclosures and the mortgage registrations be canceled, if the latter do not refer to obligations assumed by the successful bidder pursuant to article 508. The judge with the decree also orders the cancellation of the transcripts of the foreclosures and mortgage registrations subsequent to the registration of the attachment. The decree also contains the injunction to the debtor or custodian to release the property sold.

Art. 587 Default of the successful tenderer

If the price is not deposited within the established term, the execution judge by decree declares the forfeiture of the successful bidder, pronounces the loss of the deposit as a fine and then orders a new auction. For the new auction we proceed in accordance with articles 576 and following. If the resulting price, combined with the confiscated deposit, is lower than that of the previous auction, the defaulting bidder is required to pay the difference.

Art. 588 (Deadline for the assignment application)

Each creditor, within ten days before the date of the auction, can present an assignment application pursuant to article 589 in the event that the auction does not take place due to lack of offers.

Art. 589 (Application for assignment)

The application for assignment must contain the offer for payment of a sum not less than that provided for in Article 506 and at the price determined pursuant to Article 568. Without prejudice to the provisions of the first paragraph, if the procedure does not indicate that there is any of the creditors referred to in article 498 and if no creditors other than the proceeding have intervened, the latter may present an offer for payment of a sum equal to the difference between his principal credit and the price he intends to offer, in addition to the expenses.

Art. 590 (Provision of assignment)

If the auction does not take place due to lack of offers and there are requests for assignment, the judge will decide on them by setting the term within which the assignee must pay any adjustment.

Art. 591 (Provision of judicial administration or new enchantment)

If there are no applications for assignment or if he decides not to accept them, the execution judge orders the judicial administration pursuant to articles 592 and following, or pronounces a new order pursuant to article 576 for a new auction to be carried out. The judge can also establish different conditions of sale and different forms of advertising, setting a base price one quarter lower than the previous one. If the judge establishes new conditions of 187 sale or sets a new price, he also assigns a new term of not less than sixty days, and not more than ninety, within which purchase offers may be proposed pursuant to article 571.

The third paragraph, second sentence, of Article 569 applies.

Art. 591 bis (Delegation of sales operations)

The execution judge, with the order with which he provides on the request for sale pursuant to article 569, third paragraph, may, having heard the interested parties, delegate to a notary preferably based in the district or to a lawyer or to a accountant, registered in the relative lists referred to in article 179-ter of the provisions implementing this code, the completion of the sales operations according to the procedures indicated in the third paragraph of the same article 569. With the same order, the judge establishes the deadline for the performance of the delegated operations, the methods of advertising, the place of presentation of the offers pursuant to article 571 and the place where the bids are examined, the tender between bidders and the operations of any auction. The delegated professional provides: 1) to determine the value of the property pursuant to article 568, third paragraph, also taking into account the report drawn up by the expert appointed by the judge pursuant to article 569, first paragraph, and any notes filed by the parties pursuant to of the art. 173 bis, fourth paragraph, of the implementing provisions of this code; 2) to the obligations provided for by art. 570 and, where necessary, by art. 576, second paragraph; 3) to the resolution on the offer pursuant to art. 572 and to the further requirements of art. 573 and 574; 4) the operations of the auction and the awarding of the property pursuant to art. 581; 5) to receive or authenticate the declaration of appointment pursuant to art. 583; 6) on offers after the auction pursuant to article 584 and on payment of the price in the case referred to in article 585, second paragraph; 7) on the assignment application pursuant to art. 590; 8) setting the new auction and the deadline for the presentation of new purchase offers pursuant to art. 591; 9) the setting of the further auction in the case provided for by art. 587; 10) to authorize the assumption of debts by the successful bidder or the assignee pursuant to art. 508; 11) the execution of the registration, transcription and cadastral transfer formalities of the transfer decree, to the communication of the same to public administrations in the same cases provided for the communication of voluntary transfer deeds as well as to the completion of the formalities of cancellation of the transcripts of the foreclosures and of the mortgage registrations consequent to the transfer decree pronounced by the execution judge pursuant to article 586; 12) the drafting of the distribution project and its transmission to the execution judge who, after making any changes, provides pursuant to article 596; 13) to order the bank or post office to return the deposits and any other sum paid directly by bank transfer or deposit made out to the procedure by the unsuccessful bidders. The refund takes place in the hands of the depositor or by bank transfer in favor of the same accounts from which the credited sums were received. In the notice referred to in art. 570 it is specified that all the activities, which, in accordance with articles 571 et seq., Must be carried out in the registry or in the execution judge, or by the clerk or the execution judge, are carried out by the professional delegate at his office. or in the place indicated in the order referred to in the first paragraph. Article 173-quater of the implementing provisions of this code applies to the notice. The delegated professional also draws up the minutes of the sales operations, which must contain the circumstances of the place and time in which they take place, the personal details of the persons present, the description of the activities carried out, the declaration of the provisional award with the identification of the successful bidder. The report is signed exclusively by the professional delegated and the special power of attorney referred to in article 579, second paragraph, must not be attached. If the price has not been paid within the deadline, the authorized professional will promptly notify the judge, sending him the file. Once the payment of the price has been made in the manner established pursuant to articles 574, 585 and 590, second paragraph, the authorized professional prepares the transfer decree and immediately sends the file to the enforcement judge. The decree, if required by law, must be accompanied by the certificate of urban use of the property as resulting from the procedural file. The delegated professional will forward the file to the execution judge in the event that it does not lead to the assignment or to further auctions pursuant to article 591. Against the decree provided for in this paragraph, the opposition referred to in Article 617. The sums paid by the successful tenderer are deposited in a bank or postal account indicated by the judge. The measures referred to in article 586 remain reserved to the enforcement judge in any case of delegation to the sales operations professional. The sums paid by the successful tenderer are deposited in a bank or postal account indicated by the judge. The measures referred to in article 586 remain reserved to the enforcement judge in any case of delegation to the sales operations professional. The sums paid by the successful tenderer are deposited in a bank or postal account indicated by the judge. The measures referred to in article 586 remain reserved to the enforcement judge in any case of delegation to the sales operations professional.

Art. 591 ter (Appeal to the enforcement judge)

When difficulties arise in the course of the sales operations, the delegated professional can contact the execution judge, who acts by decree. The parties and interested parties can lodge a complaint against the aforementioned decree as well as against the acts of the delegated professional with recourse to the same judge, who acts by order; the appeal does not suspend the sales operations unless the judge, concurring serious reasons, orders the suspension. The provisions of article 617 remain valid.

Section IV: OF THE JUDICIAL ADMINISTRATION

Art. 592 Appointment of the judicial administrator

The judicial administration of the property is arranged for a period not exceeding three years and entrusted to one or more creditors or to an institution authorized for the purpose, or to the same debtor if all creditors allow it. The provisions of articles 65 and following apply to the administrator.

Art. 593 Accounting

The administrator, within the deadline set by the execution judge, and in any case at the end of each quarter, must present his management account to the registry and deposit the available annuities in the manner established by the judge. At the end of the management the administrator must present the final report. The partial and final accounts must be approved by the judge. The latter, with an unchallengeable order, resolves the disputes that arise regarding them, applying the provisions of articles 263 and following.

Art. 594 Allocation of pensions

During the course of the judicial administration, the enforcement judge may order that the collected annuities be assigned to creditors in accordance with the provisions of articles 596 et seq.

Art. 595 Termination of the judicial administration

At any time, the distraining creditor or one of the intervening creditors may request that the execution judge, after hearing the other parties, proceed with a new auction or assignment of the property. During the judicial administration, anyone can make a purchase offer in accordance with articles 571 and following. The administration ceases, and a new enchantment must be ordered, when the term provided for in the ordinance referred to in article 592 expires, unless the judge, at the request of all the parties, deems he can grant one or more ‘extensions that do not extend the administration overall beyond three years.

Section V: OF THE DISTRIBUTION OF THE AMOUNT RECEIVED

Art. 596 (Formation of the distribution project)

If it is not possible to provide pursuant to article 510 first paragraph, the execution judge or the professional delegated pursuant to art. 591 bis, no later than thirty days from the payment of the price, provides to form a distribution project containing the graduation of the creditors participating in it, and deposits it in the registry so that it can be consulted by the creditors and the debtor, setting the hearing for their audition. At least ten days must elapse between the communication of the invitation and the hearing.

Art. 597 Failure to appear

Failure to appear at the first hearing and in the one fixed pursuant to article 485 last paragraph implies approval of the project for the purposes referred to in the following article.

Art. 598 (Approval of the project)

If the project is approved or an agreement is reached between all the parties, it is acknowledged in the minutes and the execution judge or the professional delegated pursuant to art. 591 bis orders the payment of the single quotas, otherwise the provision of article 512 applies.

Chapter V: EXPROPRIATION OF INDIVIDUAL ASSETS

Art. 599 Seizure

Undivided assets can be attached even when not all co-owners are obligated to the creditor. In this case of the attachment, notice is served by the attachment creditor, also to the other co-owners, who are prohibited from letting his part of the common things separate from the debtor without a court order.

Art. 600 (Convocation of co-owners)

The execution judge, at the request of the distraining creditor or of the co-owners and having heard all the interested parties, provides, when possible, to the separation of the share in kind due to the debtor. If the separation in kind is not requested or is not possible, the judge orders that the division be carried out in accordance with the civil code, unless he deems it probable that the sale of the undivided share at a price equal to or greater than its value, determined in accordance with the law. of article 568.

Art. 601 Division

If the division is to proceed, the execution is suspended until an agreement between the parties has been reached on the division itself or a sentence having the requirements referred to in Article 627 has been pronounced. of the assets attributed to the debtor takes place according to the rules contained in the previous chapters.

Chapter VI: EXPROPRIATION AGAINST THE THIRD OWNER

Art. 602 Method of expropriation

When the object of the expropriation is an asset encumbered by a pledge or mortgage for a debt of others, or an asset whose alienation by the debtor has been revoked for fraud, the provisions contained in the previous chapters apply, as they are not modified by the following articles.

Art. 603 Notification of the enforceable title and of the precept

The enforceable title and the precept must also be notified to the third party. In the precept, express mention must be made of the property of the third party that is intended to expropriate.

Art. 604 Special provisions

The attachment and expropriation in general are carried out against the third party, to whom all the provisions relating to the debtor are applied, except for the prohibition referred to in Article 579, first paragraph. Whenever the debtor must be heard in accordance with the preceding chapters, the third party is also heard.

Title III: EXECUTION BY DELIVERY OR ISSUE

Art. 605 Precept for delivery or release

The precept for delivery of movable property or release of immovable property must contain, in addition to the indications referred to in article 480, also a brief description of the assets themselves. If the enforceable title establishes the deadline for delivery or release, the notice must be made with reference to this deadline.

Art. 606 Method of delivery

Once the term indicated in the precept has expired, the bailiff, with the enforceable title and the precept, goes to the place where the things are and searches for them in accordance with article 513; then he hands it over to the instant party or to a person designated by her.

Art. 607 Foreclosed things

If the things to be delivered are seized, the delivery cannot take place, and the requesting party must assert its reasons by opposition pursuant to articles 619 and following.

Art. 608 (Method of release)

The execution begins with the notification of the notice with which the bailiff communicates at least ten days in advance to the party, who is required to release the property, of the day and time in which he will proceed. On the day and time established, the bailiff, with the enforceable title and the precept, goes to the place of execution and, making use, when necessary, of the powers granted to him by article 513, enters the instant part or a person designated by you in possession of the property, to whom you are handed the keys, ordering any holders to recognize the new owner.

Art. 608 bis (Extinction of execution due to renunciation of the requesting party)

The execution referred to in article 605 is extinguished if the instant party, prior to the delivery or release, renounces with a deed to be notified to the executed party and to be delivered to the proceeding judicial officer.

Art. 609 Provisions regarding the furniture unrelated to the execution

If in the property there are movable things belonging to the part required to be released and which do not have to be delivered, the bailiff, if the same part does not remove them immediately, can arrange for their custody on the spot also by the instant party, if allows you to keep them, or transport them to another place. If the things are attached or seized, the bailiff immediately gives notice of the release to the creditor on whose request the attachment or seizure was carried out, and to the magistrate for the possible replacement of the custodian.

Art. 610 Temporary measures

If difficulties arise during the execution that do not allow for a delay, each party can ask the magistrate, even verbally, for the necessary temporary measures.

Art. 611 (Execution costs)

In the minutes the bailiff specifies all the expenses advanced by the requesting party. The settlement of expenses is made by the execution judge in accordance with art. 91 and following with a decree which constitutes an enforceable title.

Title IV: FORCED EXECUTION OF OBLIGATIONS TO DO OR NOT TO DO

Art. 612 Provision

Whoever intends to obtain the forced execution of a sentence for violation of an obligation to do or not to do, after the notification of the precept, must ask the magistrate with recourse to determine the methods of execution. The magistrate proceeds after hearing the obliged party. In his ordinance he designates the judicial officer who must carry out the execution and the persons who must provide for the completion of the work not carried out or for the destruction of the completed one.

Art. 613 Difficulties that arose during the execution

The bailiff can be assisted by the public force and must ask the magistrate for the appropriate provisions to eliminate the difficulties that arise during the execution. The praetor provides by decree.

Art. 614 Reimbursement of expenses

At the end of the execution or in the course of it, the instant party presents to the magistrate the note of the anticipated expenses endorsed by the judicial officer with the request for an injunction decree. When the magistrate recognizes the expenses reported as justified, he proceeds with a decree in accordance with article 642.

Title V: OF OPPOSITIONS

Chapter I: OPPOSITIONS OF THE DEBTOR AND OF THE THIRD PARTY SUBJECT TO ENFORCEMENT

Section I: OPPOSITIONS TO ENFORCEMENT

Art. 615 (Form of the opposition)

When the right of the applicant party to proceed with forced execution is contested and this has not yet begun, it is possible to propose opposition to the precept with summons before the judge competent for matter or value and for territory pursuant to article 27. The judge, concurring serious reasons, suspends the executive effectiveness of the title at the request of a party. When the execution has begun, the opposition referred to in the preceding paragraph and that concerning the attachment of the assets are filed with an appeal to the judge of the execution itself. The latter establishes by decree the hearing for the appearance of the parties before him and the peremptory term for the notification of the appeal and of the decree.

Art. 616 (Provisions on the judgment of cognition introduced by the opposition)

If competent for the cause is the judicial office to which the execution judge belongs, the latter establishes a peremptory term for the introduction of the judgment on the merits according to the procedures provided for on the basis of the matter and the rite, subject to registration in the role, by of the interested party, observing the terms to appear referred to in article 163-bis, or others if provided, reduced by half; otherwise he remits the case to the competent judicial office, assigning a peremptory term for the resumption of the case. The case is decided by a non-contestable sentence.

Section II: OPPOSITIONS TO EXECUTIVE ACTS

Art. 617 (Form of the opposition)

The objections relating to the formal regularity of the enforceable title and of the precept are proposed, before the execution has begun, before the judge indicated in article 480 third paragraph, with a writ of summons to be notified within the peremptory term of twenty days from the notification of the title. executive or precept. The oppositions referred to in the previous paragraph that it was impossible to propose before the start of the execution and those relating to the notification of the enforceable title and of the precept and to the individual acts of execution are proposed with recourse to the execution judge within the peremptory term of twenty days from the first act of execution, if they concern the enforceable title or precept, or from the day on which the individual acts were carried out.

Art. 618 (Provisions of the enforcement judge)

The execution judge fixes by decree the hearing for the appearance of the parties before him and the peremptory term for the notification of the appeal and of the decree, and gives, in urgent cases, the appropriate measures. At the hearing, it gives by order the measures it deems not postponable or suspends the procedure. In any case, it establishes a peremptory term for the introduction of the judgment on the merits, subject to registration in the role by the interested party, observing the terms to appear pursuant to art. 163 bis, or others if provided, reduced by half. The case is decided by a non-contestable sentence. The sentences pronounced in accordance with the previous first paragraph article are also not open to challenge.

Section III: OPPOSITION IN MATTERS OF LABOR, SOCIAL SECURITY AND ASSISTANCE

Art. 618 bis (Proceedings)

For the matters dealt with in Chapters I and II of Title IV of the second book, oppositions to execution and executive acts are governed by the rules laid down for individual labor disputes as applicable. The jurisdiction of the execution judge remains valid in the cases provided for by the second paragraph of article 615 and the second paragraph of article 617 within the limits of the measures taken by order.

Chapter II: OF THIRD PARTY OPPOSITIONS

Art. 619 (Form of the opposition)

The third party who claims to have ownership or other real right on the attached assets can lodge an opposition with an appeal to the execution judge, before the sale or assignment of the assets is ordered. The judge establishes by decree the hearing for the appearance of the parties before him and the peremptory term for the notification of the appeal and of the decree. If at the hearing the parties reach an agreement, the judge acknowledges it by order, adopting any other decision suitable to ensure, if necessary, the continuation of the executive process or to extinguish the process, also ruling in this case also on the costs, otherwise the judge provides pursuant to art. 616 taking into account the competence by value.

Art. 620 Late opposition

If, following the opposition, the judge does not suspend the sale of the movable property or if the opposition is proposed after the sale itself, the rights of the third party are asserted on the sum obtained.

Art. 621 Limits of witness evidence

The third opponent cannot prove his right to the attached movable property in the debtor’s home or business with witnesses, unless the existence of the right itself is made plausible by the profession or trade exercised by the third party or by the debtor.

Art. 622 Opposition by the debtor’s wife

The opposition cannot be brought by the wife cohabiting with the debtor, in relation to the movable property seized in his house, except for the dotal assets or for the assets that she proves, with a deed of certain date, belonging to her before the marriage or received by donation or inheritance due to death. The Constitutional Court, with sentence of 15 December 1967, n. 143, declared the constitutional illegitimacy of this article.

Title VI: OF THE SUSPENSION AND EXTINCTION OF THE PROCESS

Chapter I: OF THE SUSPENSION OF THE PROCESS

Art. 623 Limits of the suspension

Unless the suspension is ordered by law or by the judge before which the enforceable title is challenged, the forced execution can only be suspended by a provision of the execution judge.

Art. 624 (Suspension due to opposition to execution) If opposition to execution is proposed in accordance with articles 615 and 619, the execution judge, concurring with serious reasons, suspends the trial with or without bail at the request of a party. A complaint is admitted against the order that provides for the suspension application pursuant to article 669-terdecies. The provision referred to in the previous period also applies to the provision referred to in Article 512, second paragraph. In cases of suspension of the trial ordered pursuant to the first paragraph and not claimed, as well as ordered or confirmed in the complaint, the judge who ordered the suspension declares with a non-contestable order the extinction of the attachment, subject to any imposition of a deposit and with salvation of the acts performed, at the request of the opponent, an alternative to the establishment of a judgment on the merits of the opposition, without prejudice in this case to its possible promotion by any other interested party; the authority of the extinction order issued pursuant to this paragraph cannot be invoked in a different process. The provision referred to in the third paragraph is also applied, insofar as it is compatible, to the case of suspension of the process pursuant to articles 618 and 618-bis.

Art. 624 bis (Suspension at the request of the parties)

The execution judge, at the request of all creditors with an enforceable title, may, after consulting the debtor, suspend the process for up to twenty-four months. The application can be made up to twenty days before the deadline for the deposit of the purchase offers or, in the event that the sale without auction does not take place, up to fifteen days before the auction. The judge takes action on the application within ten days following the filing, and, if he accepts it, disposes, in the cases referred to in the second paragraph of art. 490, that, in the five days following the filing of the suspension order, the same is communicated to the custodian and published on the website on which the appraisal report is published. The suspension is arranged for one time only. The order can be revoked at any time, even at the request of a single creditor and in any case having heard the debtor. Within ten days of the expiry of the term, the interested party must present an application for the setting of the hearing in which the process must continue. In movable expropriations, the request for suspension can be presented no later than the setting of the date of removal of the assets or up to ten days before the date of the sale if this must be carried out in the places where they are kept and, in any case, before the carrying out commercial advertising where arranged. In the case of expropriations from third parties, the application for suspension can no longer be proposed after the declaration of the third party. Within ten days of the expiry of the term, the interested party must present an application for the setting of the hearing in which the process must continue. In movable expropriations, the request for suspension can be presented no later than the setting of the date of removal of the assets or up to ten days before the date of the sale if this must be carried out in the places where they are kept and, in any case, before the carrying out commercial advertising where arranged. In the case of expropriations from third parties, the application for suspension can no longer be proposed after the declaration of the third party. Within ten days of the expiry of the term, the interested party must present an application for the setting of the hearing in which the process must continue. In movable expropriations, the request for suspension can be presented no later than the setting of the date of removal of the assets or up to ten days before the date of the sale if this must be carried out in the places where they are kept and, in any case, before the carrying out commercial advertising where arranged. In the case of expropriations from third parties, the application for suspension can no longer be proposed after the declaration of the third party. In movable expropriations, the request for suspension can be presented no later than the setting of the date of removal of the assets or up to ten days before the date of the sale if this must be carried out in the places where they are kept and, in any case, before the carrying out commercial advertising where arranged. In the case of expropriations from third parties, the application for suspension can no longer be proposed after the declaration of the third party. In movable expropriations, the request for suspension can be presented no later than the setting of the date of removal of the assets or up to ten days before the date of the sale if this must be carried out in the places where they are kept and, in any case, before the carrying out commercial advertising where arranged. In the case of expropriations from third parties, the application for suspension can no longer be proposed after the declaration of the third party.

Art. 625 Proceedings

On the petition for the suspension of the trial referred to in the previous article, the judge of execution provides by order, after hearing the parties. In urgent cases, the judge can order the suspension by decree, in which he fixes the hearing for the appearance of the parties. He provides for the hearing by order.

Art. 626 Effects of the suspension

When the trial is suspended, no enforceable act can be performed, unless otherwise specified by the execution judge.

Art. 627 Re-employment

The executive process must be summarized with an appeal within the peremptory term set by the execution judge and, in any case, no later than six months from the final judgment of the first instance sentence or from the communication of the appeal sentence which rejects the ‘opposition. Article thus replaced by Law 14 July 1950, n. 581.

Art. 628 Suspension of the term of effectiveness of the attachment

Opposition to individual executive acts suspends the expiry of the term provided for in article 497.

Chapter II: THE EXTINCTION OF THE PROCESS

Art. 629 Waiver

The process is terminated if, before the award or assignment, the distraining creditor and those intervening with enforceable title renounce the documents. After the sale, the process ends if all competing creditors renounce the documents. As far as possible, the provisions of Article 306 apply.

Art. 630 (Inactivity of the parties)

In addition to the cases expressly provided for by the law, the executive process ends when the parties do not continue it or do not summarize it within the peremptory term established by law or by the judge. The extinction works by law, but must be objected by the interested party before any other defense, without prejudice to the provisions of the following article. The extinction is declared by order of the execution judge, which is communicated by the clerk, if it is pronounced outside the hearing. Against the order that declares the extinction or rejects the relative objection, a complaint is admitted by the debtor or the attachment creditor or by the other creditors intervening within the peremptory term of twenty days from the hearing or from the communication of the order and with the ” observance of the forms referred to in article 178 third, fourth and fifth paragraphs. The college provides in the council chamber with a sentence.

Art. 631 (Failure to appear at the hearing)

If, during the executive process, none of the parties appears at the hearing, with the exception of the one in which the sale takes place, the execution judge sets a subsequent hearing of which the chancellor informs the parties. If none of the parties presents themselves to the new hearing, the judge declares by order the extinction of the executive process. The last paragraph of the previous article applies.

Art. 632 Effects of the termination of the trial

If the termination of the executive process occurs before the award or assignment, it renders the acts performed ineffective; if it occurs after the award or assignment, the sum obtained is delivered to the debtor. Once the trial has been terminated, the custodian returns the account to the debtor, which is discussed and closed before the execution judge. The provision of article 310 last paragraph applies.

 


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