Law 80/2005

 
Comparison between the text before and the text in force from 12 September 2006 (Ref. Art. 3-quarter of the law of conversion).

Par. 591 bis Delegation to the notary of the operations of auction sale (1) The judge of the execution, with the decree of sale according to paragraph 569, can, heard the interested ones, delegate to a notary having his office in the district, the fulfilment of the operations of auction sale as indicated in par. 576 and following(490) OMISSIS	Par. 591 bis Delegation to the notary of the operations of auction sale (1) The judge of the execution, with the decree with which he supplies on the request of sale according to par. 569, third sub-section, can, heard the interested ones, delegate to a notary having his office in the district, or to a lawyer or to a doctor commerce graduate or accountant, enrolled in their relative lists as per paragraph 179-ter of the dispositions of performance of the present code, the fulfilment of the sale operations according the modalities indicated to the third sub-section of the same par. 569. With the same decree the judge establishes the term for the development of the delegated operations, the modalities of publicity, the place of offers presentation according to par. 571 and the place where offers are examined, and where the auction is carried out. The delegated professional supplies: 1) to determination of the value of property according to par. 568, third sub-section, also through the aid of the export named from the judge according to par. 569, first sub-section; 2) to authorize the assumption of the debts from the highest bidder or the awardee according par. 508; 3) on the offers after the auction according to par. 584 and on deposit of the price in the hypothesis as per par. 585, second sub-section: 4) to fix further auctions or to request of allocation according par. 587, 590, e 591; to the execution of the formalities of recording, transcription and cadastral registration change of the transfer decree, to the communication of the same one to Public Administration in the same cases previewed for the communications of voluntary actions of transfer, and to the accomplishment of the formalities of cancellation of the transcriptions of the distraints and the consequent mortgages registrations to the decree of pronounced transfer from the judge of the execution according to par. 586; 6) to receive or to authenticate the declaration of nomination as per par. 583; 7) to creation of the distribution plan and to its transmission to the judge of the execution, that, after having brought the eventual variations, provides as per par. 596. In case of delegation to the professional of the operations of auction sale, the professional supplies to the warning written following par. 576, first sub-section, to its notification to the creditors not taken part, and to all the other implementations provided from paragraph 576 and following. In the warning must be specified that all the activities that must be completed in chancellery, or in front of the judge of the execution or from the chancellor or the judge, are carried out from the professional person in charge near its office or in the place he indicated. To the warning is applied the par. 173-quarter of the dispositions of present code. The delegated professional also supplies to the writing of the auction report that must contain the place and time in which the auction is carried out, the name and address of the people admitted to auction, the description of the carried out activities, the declaration of the temporary award with the identification of the highest bidder. The report is underwrite exclusively from the delegated professional and no other special proxy has to be attached. If the price has not been paid in the term, the delegated professional gives timely warning to the judge, sending him the issue. Paid the price according to par. 585 e 590, second sub-section, the delegated professional predisposes the transfer decree and transmits without delay to the judge the issue. To the decree, if provided from the law, the urban planning destination certificate of the building must be attached, turning out from trial issue. The delegated professional supplies to the transmission of the issue to the judge in the case of no allocation or further auctions according to par. 591. Against the decree provided in the present sub-section is possible the opposition as per par. 617. The sums paid from the highest bidder are deposited in a bank indicated from the judge. The provisions according to par. 586 remain reserved to the judge also in case of delegation to the professional for the operations of auction sales.(490)
Par. 591 ter Claim to the judge of execution When during the operations of auction sale some difficulty come out, the delegated notary can address to the judge of execution, which supplies with decree. The parties and the interested ones can propose claim against the decree and against the actions of the notary with petition to the same judge, which supplies with an order; the claim does not suspend the sale operations unless the judge, concurring serious reasons, arranges the suspension. The dispositions of paragraph 617 remain valid.	Par. 591 ter Claim to the judge of execution When during the operations of auction sale some difficulty come out, the delegated notary can address to the judge of execution, which supplies with decree. The parties and the interested ones can propose claim against the decree and against the actions of the notary with petition to the same judge, which supplies with an order; the claim does not suspend the sale operations unless the judge, concurring serious reasons, arranges the suspension. The dispositions of paragraph 617 remain valid.
Par. 596 Formation of the distribution plan If it cannot be supplied using par. 510 first sub-section, the judge of execution (484), not later than thirty days from the deposit of the price (585), arranges to form a plan of distribution containing the classification of participant creditors (565, 566, 597; c,c, 2741) and he deposits it in chancellery so that it can be consulted from the creditors and the debtor, fixing the audience for their hearing (att. 179). Between the communication and the audience must elapse ten days at least.	Par. 596 Formation of the distribution plan If it cannot be supplied using par. 510 first sub-section, the judge of execution (484), or the delegated professional not later than thirty days from payment of the price (585), arranges to form a plan of distribution containing the classification of participant creditors (565, 566, 597; c,c, 2741) and he deposits it in chancellery so that it can be consulted from the creditors and the debtor, fixing the audience for their hearing (att. 179). Between the communication and the audience must elapse ten days at least.
Par. 598 Approval of the plan If the plan is approved or the agreement between all parties is caught up, it is remarked in the report; the judge of the execution (484) orders the payment of the single quotas, otherwise applies the disposition of par. 512 (597; att. 1772, 173)	Par. 598 Approval of the plan If the plan is approved or the agreement between all parties is caught up, it is remarked in the report; the judge of the execution (484) or the delegated professional orders the payment of the single quotas, otherwise applies the disposition of par. 512 (597; att. 1772, 173)
Par. 600 Calling of the joint owners The judge of execution (484), on request of pledgee or the joint owners and heard all the interested ones, supplies, when it is possible, to the separation of the quota in kind due to debtor(c.c. 1114, att. 180). If the separation is not possible, he can order the sale of undivided quota or decide to proceed to the division according to the civil code (784 ss.; att. 181; c.c. 713 ss 111 ss.).	Par. 600 Calling of the joint owners The judge of execution (484), on request of pledgee or the joint owners and heard all the interested ones, supplies, when it is possible, to the separation of the quota in kind due to debtor (c.c. 1114, att. 180). If the separation is not asked or possible, the judge decides to proceed to the division according to the civil code, unless he thinks the sale of the undivided quota to an equal or advanced price to the value of the same, according to par. 568.

<--previous | next-->

AsteItalia Rome Center
Viale Giulio Cesare 59
00192 Roma

Phone 06.32.111.962

Fax n. 06.32.500.608

asteitalia@asteitalia.com