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The study, engaged in the protection of the interests of creditors of natural persons or debtor companies, performs all the functions necessary to guarantee the repayment of credits, through the use of legal means that the same code of civil procedure establishes for this purpose.
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When the debtor, intentionally, does not undertake to return the credits owed to the creditor, he can therefore act on the civil plan towards the debtor himself, or, under certain conditions, may resort to extraordinary legal instruments, which allow a more rapid recovery of receivables: they are the procedure for injunction (so-called injunction decree) and the generic verification procedure, introduced by Law 69/2009.
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The study also offers assistance to foreign companies that invest or have commercial ties in It. In cases where it is necessary to hold representative offices for foreign companies, and it is impossible in It to deal directly with the lawyer in charge of the assistance of the companies, for legitimation by the lawyer, of the signature on the litura procurator, for Countries adhering to the Hague Convention of 05/10/1961 (including our country), a simplified procedure for the regularization of the ad litem power of attorney was implemented, with the permission of a public body of other countries, which serves to confer effectiveness and compliance also in I, the so-called Apostille: it would be the verification of the legal duties of the public official (or employee) who signed the written act and the legitimacy of his seal or mark.
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Each member State decrees that to perform this function of granting the apostille will be specific organs: in It, the competence is of the Public Prosecutor in the judicial panel that drafted the act, while for example, in Spain, the competence for the same task belongs to the Order of the clerks of the courts of the province in which the deed was drawn up (which must be written in two languages).
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Below we list the non-ordinary legal instruments that the legislation has for the purposes of debt collection. The injunction decree.
The procedure for injunction or appeal by order of injunction is prepared by articles 633 and following of the c.p.c .. The art. 633 c.p.c. states: "In the case of a creditor s claim of a sum in cash or a certain part of the assets that can be used, or in the case of an assignee of a specific movable asset, the competent magistrate establishes the order for payment or contribution if there is a written act that ascertains the claimed right .... omissis ".
Therefore, the creditor who possesses a written deed attesting the existence of the credits owed - for example: receipts, accounting documents, writings in which the debtor admits the passive - can arrive at a sanctioning provision granted by the judge quickly, without any dispute with debtor and without a further educational phase (as in cases of ordinary lawsuits); the aforementioned sanction, the c.d. decree of injunction, which must be immediately communicated to the debtor, through a special provision of the magistrate, shows its effects directly - and in this case the creditor will immediately be able to begin the operative procedure about the debtor (in case of a repeated one non-observance); o may not contain the temporary operation, and therefore must pass for another creditor 40 days from the date of notification of the deed to the debtor, to give operation to the deed. When, within the same period of time, the debtor object confutes the injunction decree (clearly enforceable or not), that is to say it disputes the provision and therefore the existence of the receivables to be repaid, an ordinary case takes place, the conclusion of which may be the confirmation or revocation of the injunction decree issued in the previous phase. If the debtor does not file an appeal, the injunction decree is immediately enforceable and can no longer be refuted. The verification phase in the injunction decree.
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Article. 634 cpc establishes which acts the law confers on functions of written attestation for the purpose of the attribution of the injunction decree: "They have validity .... the obligations and personal constraints ascertained by reserved deeds, and the telegrams, even if they do not have Requirements listed in the Italian Civil Code .... For receivables regarding the supply of goods or services, or money also for services provided by the managers of a commercial activity, the official summaries of accounting documents are also valid ... " list is not mandatory.
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Suffice it to refer to some judicial rulings, which issued decrees of injunction on the basis of e-mail, considered in this case "written verification", which is the basic requirement to adopt the aforementioned provision. For example, the judging colleges of the cities of cc have given effect to the application by decree of injunction of firms, creditor of money to other companies, on the basis of the performance of e-mails by the complainants, and therefore they had affirmed that the e-mails in which the debtor undertakes to return the sums to the creditor, are an absolute constraint or a certification of the debt and are therefore in fact written acts, by computer, by electronic signature, which present all the legal requirements relating to written documents, pursuant to and outcomes of articles 633 and 634 cpc. (c.f.r. Cuneo Law on 12/15/2003).
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Ordinary verification procedure. Apart from the usual procedure by order of injunction, a new procedure was introduced in 2009, c.d. "generic verification procedure", regulated by articles 702 bis, 702 ter and 702 quater, which is distinguished by procedural elements other than the ordinary procedure, to achieve a rapid solution, in cases of non-acceptability of the application by order of injunction, already examined, for the absence of the requisites code prescribes.
The aforementioned procedure, still being tested, being established in 2009, is valid in cases where the case, which presumes a specific type of assessment, can be completed following a rapid and simplified preliminary investigation phase, which takes place rapidly.
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Typical cases are those in which judges deal with legal issues in which there are no instructive functions, or cases in which the case ends on the basis of written records, without the need for the intervention of witnesses who ascertain actions whose reliability is still doubtful, or even the cases in which the litigation can be resolved with the obligatory aid, that is to say with a verification by a consultant who supports the judge in the handling of simple practical matters, or even, the cases in which the assessment of the actions takes place through the testimony of a few subjects, who intervene in a single hearing.
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In this regard, some skeptics have also exposed the likelihood that the parties involved use witnesses who must speak before the judges directly during the first hearing, to ensure that the cause itself can end quickly, as provided for by the procedure. general.
The condominium is a building that includes various houses, where different families or subjects live.
The land where it is born, the main walls, the walls, the stairs and any common space are therefore the property of every single tenant. It can be said that this is a kind of compulsory co-ownership, that every tenant must respect, and this very context often generates disputes and controversies even for matters that seem to be of little relevance, but which can progressively damage the serenity of the tenants and therefore harm the condominium calm.
A study of Censis made recently shows that in It there are about 800,000 civil cases arising from condominium disputes: there are many causes for which the tenants sue another inhabitant of the building, from annoying noise or entrances of any kind, to common condominium areas, from green areas to drops that come down from the clothes hanging out to dry, and many other issues, without considering then dramatic events and crime news.