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. 474 Writ of execution The forced sale (c.c. 2910 ss. 2930 ss.) can take place only under a writ of execution for an indisputable, liquid and cashable right. Writ of execution are: 1) sentences (1) and all measures with executive effects expressly ascribed by law (2); 2) bills of exchange (3) and other credit instruments (4) and all the acts to which the law ascribes same effects (5); 3) acts received from notary or other public official authorized by the law to receive them with regard to financial obligations contained inside those acts (475; c.c. 2699).	Par. 474 Writ of execution The forced sale can take place only under a writ of execution for an indisputable, liquid and cashable right. Writ of execution are: 1) sentences (1) and all measures with executive effects expressly ascribed by law (2); 2) bills of exchange (3) and other credit instruments (4) and all the acts to which the law ascribes same effects (5); 3) acts received from notary or other public official authorized by the law to receive them, or authenticated private deed, with regard to financial obligations contained inside those acts. The forced sale for delivery or release can take place only through writ of execution mentioned at points 1) and 3) of second sub-section; 2) at the paragraph 476, forth sub-section, quotation: “ not higher than 5 euros” are replaced by: “from euros 1.000 to 5.000”.
Par. 476 Other copies in executive form No more than one copy in executive form can be sent to the same party without a valid reason. Additional copies are requested by interested party to the head of office that pronounced the action, in the other cases to president of the court in which district the act was formed. A decree is issued to reply to the instance (135). The registrar, the notary or other public official who infringes to provisions of present paragraph is condemned to a money penalty not higher than 5 euros (2), with decree issued from head of qualified office or court president as per second sub-section (att. 154).	Par. 476 Other copies in executive form No more than one copy in executive form can be sent to the same party without a valid reason. Additional copies are requested by interested party, in case of action related to text in force from 12 September 2005, to head of office that pronounced the action, in the other cases to president of the court in which district the act was formed. A decree is issued to reply to the instance (135). The registrar, the notary or other public official who infringes to provisions of present paragraph is condemned to a money penalty from euros 1.000 to 5.000 , with decree issued from head of qualified office or court president as per second sub-section (att. 154).
Par. 479 Writ of execution and injunction notification Unless differently disposed from law (1) writ of execution must be preceded by writ of execution and injunction notification (475, 480). Notification of executive title must be done personally to interested party according to paragraph 137 and subsequent: in case of a sentence, notification, within year of publication (133), can be issued according to par. 170. The injunction can be issued following the writ of execution and notified together with it, provided that notification is done personally (477).	Par. 479 Writ of execution and injunction notification Unless differently disposed from law (1) writ of execution must be preceded by writ of execution and injunction notification (475, 480). Notification of executive title must be done personally to interested party according to paragraph 137 and subsequent. The injunction can be issued following the writ of execution and notified together with it, provided that notification is done personally (477).
Par. 490 Disclosure of notices When law arranges for public disclosure of a writ of execution (534, 570, 576 n. 4, 5842, 591), a note with public information must be stuck up for three days straight on judicial office board where the executive proceeding takes place (att. 173). In case of real estate expropriation the same note is inserted into bulletin of legal notes of the province where is the judicial office. The judge also arranges to put the note on local newspapers, or when necessary on national newspapers or broadcasted through advertising. Publishing with forms different from newspapers must be intended complementary and not alternative. Equalized to newspapers are local weekly journals, or periodical publications edited by subjects registered to Register Communication Operator (ROC) whose characters are the same as those of widely-circulated local newspapers. In the note reference to debtor is omitted.	Par. 490 Disclosure of notices When law arranges for public disclosure of a writ of execution (534, 570, 576 n. 4, 5842, 591), a note with public information must be stuck up for three days straight on judicial office board where the executive proceeding takes place (att. 173). In case of registered movables (with a value above 25.000 euros) and real estate expropriation, the same note, together with copy of judge order and estimate report drawn according to paragraph 173 bis for disposition in accordance with this code, is also published on specific web site at least 45 days before the date for offers presentation or for auction. The judge also arranges 45 days before the date for offers presentation or for auction to put the note on local widely-circulated newspapers or, when necessary, on national newspapers or broadcasted through advertising. Publishing with forms different from newspapers must be intended complementary and not alternative. Equalized to newspapers are local weekly journals, or periodical publications edited by subjects registered to Register Communication Operator (ROC) whose characters are the same as those of widely-circulated local newspapers. In the note reference to debtor is omitted.

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