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. 526 Faculty of creditors Creditors involved according to second and third sub-sections of previous paragraph, take part to expropriation of restrained furniture and if in possess of writ of execution , they can produce its effects (500, 505, 5382, 551).	Par. 526 Faculty of creditors Creditors involved according to paragraph 525 take part to expropriation of restrained furniture and if in possess of writ of execution , they can produce its effects (500, 505, 5382, 551).
Par. 527 Rights of creditors involved to distribution Creditors involved according to second and third sub-sections of previous paragraph, take part to expropriation of restrained furniture and if in possess of writ of execution , they can produce its effects (500, 505, 5382, 551).	Par. 527 REPEALED
Par. 528 Tardy participation General creditors who participate after hearing indicated in par. 525, second sub-section, or after the date of claim presentation for assignment or sale of restrained goods, in the case admitted from par. 525, third sub-section, but before distribution action (541, 542) concur to distribution of part of revenue left after rights of distrainer creditor and those who took part previously have been satisfied. Creditors with pre-emption right (c.c. 27412) on restrained things, even if in force of previous sub-section, concur to distribution of revenues according to their pre-emption rights.	Par. 528 Tardy participation General creditors who participate following terms of par. 525, but before distribution action, concur to distribution of part of revenue left after rights of distrainer creditor and those who took part previously have been satisfied. Creditors with pre-emption right (c.c. 27412) on restrained things, even if in force of previous sub-section, concur to distribution of revenues according to their pre-emption rights.
Par. 530 Action for assignment or for authorization to sale Following the petition with reference to previous paragraph, the judge fixes the hearing to hear the parties. During the hearing the parties can express objections on assignment, time and conditions of sale, and they have to present, penalty of decay, oppositions to executive acts, if they have not lost the right to propose them (617). If oppositions are not present or if parties come to an agreement, the judge with an order set for assignment or for sale (534,535, att. 162). In case of oppositions, the judge issues a sentence and arranges with an order for assignment or for sale. In case of situation provided by third sub-section of par. 525, and any creditor took part until presentation of claim, the judge will arrange through an order for assignment or for sale; otherwise he will provide according to previous sub-sections, but only creditors who took part in time prescribed from third sub-section of par. 525 will be heard.	Par. 530 Action for assignment or for authorization to sale Following the petition with reference to previous paragraph, the judge fixes the hearing to hear the parties. During the hearing the parties can express objections on assignment, time and conditions of sale, and they have to present, penalty of decay, oppositions to executive acts, if they have not lost the right to propose them (617). If oppositions are not present or if parties come to an agreement, the judge with an order set for assignment or for sale (534,535, att. 162). In case of oppositions, the judge issues a sentence and arranges with an order for assignment or for sale. In case of situation provided by fifth sub-section of par. 525, and any creditor took part until presentation of claim, the judge will arrange through an order for assignment or for sale; otherwise he will provide according to previous sub-sections, but only creditors who took part in time prescribed from third sub-section of par. 525 will be heard.
Par. 532 Sale through commission agent When judge thinks it better, he can arrange to assign restrained things to a commission agent in order for him to set for sale (par. 1592, 167). In the same procedure the judge, after consulting an estimator if necessary, fixes the minimum and maximum price for sale and can also impose a caution to commission agent (par. 119, att. 86). If furniture value comes out from exchange or market list, the sale cannot be processed at a price lower than the one fixed.	Par. 532 Sale through commission agent The judge can arrange for sale without auction of restrained things. Restrained furniture must be entrusted to institute for forced sales, or through justified action, to other subject specialized in the matter in order to proceed to sale as commission agent. In the same procedure as per first sub-section, the judge, after consulting an estimator with specific technical and commercial attitude with reference to characteristics of the items, fixes the minimum and maximum price for sale and can also impose a caution to commission agent. If furniture value comes out from exchange or market list, the sale cannot be processed at a price lower than the one fixed (539).
Par. 534 bis Proxy to notary for operations of auction sale The judge, using the measure mentioned in paragraph 530, after heard the interested parties, can give a proxy to a local notary for the execution of auction sale of furniture recorded in public registries. The proxy and subsequent acts are regulated by dispositions coming out from paragraph 591 bis, as they are consistent with dispositions of present section.	Par. 534 bis Proxy to notary for operations of auction sale The judge, using the measure mentioned in paragraph 530, after heard the interested parties, can give a proxy to institution indicated in first sub-section of paragraph 534, or otherwise to a local notary or to a lawyer or a graduate accountant or an expert bookkeeper, registered in their proper rolls as indicated in paragraph 179-ter referring to dispositions for application of present code, auction sale or sale without auction of furniture recorded in public registers. The proxy and subsequent acts are regulated by dispositions coming out from paragraph 591 bis, as they are consistent with dispositions of present section.

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