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. 669 decies. Repeal and modification. During the instruction the investigating magistrate of the merit cause can, on part request, to modify or revoke with decree the provision even if issued before the cause, if changes in the circumstances are taken place (669septies). If the merit cause is devolved to the jurisdiction of a foreign judge or to an arbitrated, or if the civil action has been exercised or transferred in the criminal trial, the expected provisions from this paragraph must be demanded to the judge who has emanated the precautionary provision (669quater, 669quinques).	Par. 669 decies. Repeal and modification. Unless it has been proposed a claim according to paragraph 669-terdecies, during the instruction, the investigating magistrate of the merit cause can, on part request, modify or revoke with decree the provision even if issued before the cause, if changes in the circumstances are taken place or if preceding facts are enclosed whose acquaintance has been acquired subsequently to the precautionary provision. In such case, the petitioner must supply the test of the moment he has come to acquaintance. When the merit judgement is not begun or has been declared extinguished, the revocation and the modification of the decree acceptation, exhausted the eventual phase of the claim proposed according to paragraph 669-terdecies, can be demanded to the judge who has supplied on the precautionary request if changes in the circumstances are taken place or if preceding facts are enclosed whose acquaintance has been acquired subsequently to the precautionary provision. In such case, the petitioner must supply the test of the moment he has come to acquaintance. If the merit cause is devolved to the jurisdiction of a foreign judge or to an arbitrated, or if the civil action has been exercised or transferred in the criminal trial, the expected provisions from this paragraph must be demanded to the judge who has emanated the precautionary provision (669quater, 669quinques).
Par. 669 terdecies. Claim against precautionary provisions. Against the decree with which it has been granted a precautionary provision (669sexies, 669octies) claim in the expected term is admitted, according to paragraph 739, second sub-section. The claim against the provisions of lower court judge is proposed to the court. When the precautionary provision has been issued by Appeals Court, the claim is proposed to other section of the same court or, in lack, to the nearer Appeals Court. The procedure is disciplined from paragraphs 737 e 738. The college, convened the parties, pronounces not beyond twenty days from the bail of the request, not impugnable decree with which he confirms, modify or revokes (669decies) the precautionary provision. The claim does not suspend the execution of the provision (669duodecies); however the president of the court invested by the claim, when the reasons occurred (669 decies) bring serious damage, can arrange with not impugnable decree the suspension of the execution or subordinate it to the presentation of consistent bail.	Par. 669 terdecies. Claim against precautionary provisions. Against the decree with which it has been granted or denied the precautionary provision s admitted claim in the fixed term of fifteen days from pronounce in audience or from the communication or from notification if prior . The claim against the provisions of lower court judge is proposed to the court. When the precautionary provision has been issued by Appeals Court, the claim is proposed to other section of the same court or, in lack, to the nearer Appeals Court. The procedure is disciplined from paragraphs 737 e 738. The circumstances and the reasons occurred at the moment of the claim must be proposed, in the respect of the principle of conflicting, in the relative procedure. The court always can gather information and new documents. It is not concurred the remission to the first judge. The college, convened the parties, pronounces not beyond twenty days from the bail of the request, not impugnable decree with which he confirms, modify or revokes (669decies) the precautionary provision. The claim does not suspend the execution of the provision (669duodecies); however the president of the court invested by the claim, when the reasons occurred (669 decies) bring serious damage, can arrange with not impugnable decree the suspension of the execution or subordinate it to the presentation of consistent bail.
Par. 696. Technical assessment and judicial inspection Those who have urgency to make to verify, before the judgement, the state of place or the quality or the condition of thing can ask, according to paragraphs 692 and subsequent that a technical assessment (191) or a judicial inspection is arranged (118, 258 ss.; c.c. 1513, 1697). The president of the court (the lower court judge) or the justice of the peace provides in the forms established in paragraphs 694, and 695, nominates the technical consultant and fixes the date of the beginning of operations.	Par. 696. Technical assessment and judicial inspection Those who have urgency to make to verify, before the judgement, the state of place or the quality or the condition of thing can ask, according to paragraphs 692 and subsequent that a technical assessment (191) or a judicial inspection is arranged (118, 258 ss.; c.c. 1513, 1697). The technical assessment and the judicial inspection, in case of urgent need, can be arranged also on the petitioner and, and on the person object of the petition if he7she gives the permission. The technical assessment as per first sub-section, can comprise also appraisals on causes and damages referred to the object of the verification. The president of the court (the lower court judge) or the justice of the peace provides in the forms established in paragraphs 694, and 695, nominates the technical consultant and fixes the date of the beginning of operations.
	Par. 696 bis Preventive technical advising for composition of the argument The accomplishment of a technical advising, in preventive way can be demanded also outside of the conditions indicated to first sub-section of par.696, for the assessment and the relative determination of the credits deriving from missed or inexact execution of contractual obligations or from illicit facts. The judge proceeds according to third sub-section of the par. 696. The adviser, before supplying to the bail of the relation, tries, where possible, the conciliation of the parties. If the parties have been conciliated, report of conciliation is issued. The judge attributes with decree effectiveness of writ of execution to the report . The report is free from the registry tax. If the conciliation does not succeed, each party can ask that the relation deposited from adviser is acquired to the actions of the successive judgement of merit. Paragraphs 191 a 197, are applied as compatible.
Par. 703 Demands of restoration and maintenance in the possession Demands of restoration (1168 ss. c.c.) and maintenance (170 ss. c.c.) in possession (1140 c.c.) are proposed with request (125) to the competent judge (8 n. 1) according to par. 21 (28; 374 n. 5 c.c. The judge provides according to par. 669 bis	Par. 703 Demands of restoration and maintenance in the possession Demands of restoration (1168 ss. c.c.) and maintenance (170 ss. c.c.) in possession (1140 c.c.) are proposed with request (125) to the competent judge (8 n. 1) according to par. 21 (28; 374 n. 5 c.c. The judge provides according to par. 669 bis as compatible. The decree that receives or rejects the question can be claimed according to 669-terdecies. If demanded from one of the parties, within the fixed term of sixty days from communication of the provision that has decided on the claim, or, at fault, of the provision as per third sub-section, the judge fixes in front of him the audience for the prosecution of the merit judgement. Paragraph 669-novies, third sub-section.
Par. 704 Demands of possessory provision during petitory judgment Each demand related to possession (1140 ss. c.c.) for facts that happen during the pendency of petitory judgement, it must be proposed in front of the judge who issued it . The restoration of the possession can however be asked to the competent judge according to paragraph 703, which gives the indispensable temporary provisions and replaces the parties in front of the judge of the petitory one.	Par. 704 Demands of possessory provision during petitory judgment Each demand related to possession (1140 ss. c.c.) for facts that happen during the pendency of petitory judgement, it must be proposed in front of the judge who issued it . The restoration of the possession can however be asked to the competent judge according to paragraph 703, which gives the indispensable temporary provisions and replaces the parties in front of the judge of the petitory one.
Par. 706 Form of demand The demand of personal separation (150ss. c.c.) is proposed to the court (92) of the place in which the spouse has residence or address (18; 43 c.c.), with claim (125) containing the exposure of the facts on which the demand is founded (151 ss.c.c.). The president fixes with decree (135) the day of the appearance of the spouses in front of himself and the term for notification of the claim of decree (707, 711, 806).	Par. 706 Form of demand The demand of personal separation is proposed to the court of the place of spouses’ last common residence, or failing, the place in which the spouse has residence or address, with claim (125) containing the exposure of the facts on which the demand is founded. In case the agreed spouse is resident abroad or turns impossible to find, the question is proposed to the court of the place of residence or address of the recurrent one and, if he is also resident abroad, any court of the Republic. The president in the five days following the bail in chancellery, fixes with decree the date of the audience for appearance of the spouses in front of himself, that must take place within ninety days from the bail of the claim and the decree, and the term within the agreed spouse can deposit defensive memory and documents. To the claim and last defensive memory they have to attach the last income tax return . In the claim must be indicated the existence of legitimate, legitimize and adopted sons, .from both the spouses during the wedding.
Par. 707 Personal court appearance of the parties The spouses must appear personally in front of the president without defender attendance (82 ss.). If the recurrent does not appear, the demand does not have effect. If the agreed spouse does not appear, the president can fix a new day for the court appearance, ordering that the notification of the claim and the decree will be renewed (706).	Par. 707 Personal court appearance of the parties The spouses must appear personally in front of the president without defender attendance (82 ss.). If the recurrent does not appear, the demand does not have effect. If the agreed spouse does not appear, the president can fix a new day for the court appearance, ordering that the notification of the claim and the decree will be renewed (706).

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