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. 510 Distribution of revenues If there is only one distrainer creditor with no other creditors, the judge, after consulted the debtor, arrange for distrainer creditor the payment is due to him for capital, interests and expenses (95). In a different situation, revenue is divided between all creditors according to dispositions related to following cases, with reference to legal claims of pre-emption (5272, 541 ss, 596 ss 6862; c.c, 2741, 2916). Residual of revenues is delivered to debtor or to other person who has been dispossessed.	Par. 510 Distribution of revenues If there is only one distrainer creditor with no other creditors, the judge, after consulted the debtor, arrange for distrainer creditor the payment is due to him for capital, interests and expenses (95). In a different situation, revenue is divided between all creditors according to dispositions related to following cases, with reference to legal claims of pre-emption, upon reserving of amounts due to trustee, distrainer and mortgagee creditors without writ of execution. Residual of revenues is delivered to debtor or to other person who has been dispossessed.
Par. 512 Resolution of controversy If during distribution of revenues a controversy crops up between concurrent creditors, and between creditor and debtor or third person involved in dispossession about existence or amount of one or more credits, or about existence of claims of pre-emption (c.c. 2741), the execution judge (484) prepare the case, if he is qualified (17), otherwise he refers the parties in front of qualified judge according to par. 17 (6242) fixing a peremptory term for reassumption (630). The judge, when does not completely interrupt the proceeding (6242), arranges for distribution of revenue out of controversy (487, 5112).	Par. 512 Resolution of controversy If during distribution of revenues a controversy crops up between concurrent creditors, and between creditor and debtor or third person involved in dispossession about existence or amount of one or more credits, or about existence of claims of pre-emption, the execution judge, after consulted the parties and done all checks, he acts with Order impugnable according to forms and terms described in paragraph 167, second sub-section. The judge can, using the order as first sub-section too, interrupt completely or partly, the distribution of revenue.
Par. 524 Following distraint When the bailiff finds a distraint already executed, he reports in report describing furniture previously restrained (4932)and he proceeds to distraint of the goods left or put a note on report that there are no other furniture to be restrained. The report is left in Chancellery and inserted in file issued after first distraint, if the following distraint is done before the hearing provided in par. 525, second sub-section, or at the presentation of claim for assignment or sale of restrained goods in the case provided by third sub-section of paragraph 525. In that case the registrar informs the creditor first distrainer and the execution takes place in one process. The following distraint, if executed after the hearing or the claim presentation mentioned above, produces effects of a tardy operation compared to furniture subject to first distraint (528). If the following distraint refers to other furniture, they are object of a separate process.	Par. 524 Following distraint When the bailiff finds a distraint already executed, he reports in report describing furniture previously restrained (4932)and he proceeds to distraint of the goods left or put a note on report that there are no other furniture to be restrained. The report is left in Chancellery and inserted in file issued after first distraint, if the following distraint is done before the hearing provided in par. 525, second sub-section, or at the presentation of claim for assignment or sale of restrained goods in the case provided by third sub-section of paragraph 525. In that case the registrar informs the creditor first distrainer and the execution takes place in one process. The following distraint, if executed after the hearing or the claim presentation mentioned above, produces effects of a tardy operation compared to furniture subject to first distraint (528). If the following distraint refers to other furniture, they are object of a separate process.
Par. 525 Condition in time of participation According to par. 499 people admitted to participate are those who claim to debtor a credit certain, liquid and due. In order to produce effects as per following paragraphs, the participation has to take place no longer than first hearing fixed for authorization to sale or for assignment (530). The registrar informs the distrainer creditor about that (526, 528, 530; att. 160). If the value of restrained goods fixed according to paragraph 518, is not higher than 5.164,37 euros, the participation mentioned in previous sub-section has to take place no longer than the date of claim presentation, provided from paragraph 529.	Par. 525 Condition in time of participation In order to produce effects as per following paragraphs, the participation has to take place no longer than first hearing fixed for authorization to sale or for assignment (530). The registrar informs the distrainer creditor about that (526, 528, 530; att. 160). If the value of restrained goods fixed according to paragraph 518, is not higher than 20.000 euros, the participation mentioned in previous sub-section has to take place no longer than the date of claim presentation, provided from paragraph 529.

<--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