The purpose of the law of Reform of civil proceedings n.353 of 26 November 1990 [IT], was to make more rational the conduct of proceedings and shorten the time of trials as well as to speed up the acquisition of an enforcement order. This Reform has provided for two types of provisional conviction measures : the enforcement order for uncontested claims (article 186-bis c.c.p.) and the injunction order (art.186-ter c.c.p.); Law n.534 of 20 December 1995 [IT], provided for a third additional order following the closure of the preparatory inquiry. (article 186-quater c.c.p).

The enforcement order for uncontested claims (article 186-bis c.c.p.) is a measure modelled on that which has been already provided for since 1973 by art.423 c.c.p. in labour legislation. The judge may, upon application of a party, and until the summing up has been made, order the payment of the claims uncontested by the parties. This provision, besides, provides that said order is enforceable and maintains its effectiveness in the case of expiry of proceedings.

The injunction order (art. 186-ter c.c.p.) is a measure which is strictly based on the model of injunction procedure provided for in art.633 c.c.p. and inserted in the ordinary proceedings. Said rule provides that the examining magistrate, upon request of the parties and in any instance of the proceedings, shall issue an injunction or delivery order. It is already provided that, differently from injunction proceedings, if the party against which the injunction is pronounced is in default, the order must be notified within 60 days under penalty of ineffectiveness of the injunction and must contain the explicit notice that, if the party does not appear within 20 days from the service, the order will be enforced.

The order following the closure of the preparatory inquiry (article 186-quater c.c.p.), is a measure anticipating the decision. Once the preparatory inquiry is over, the examining judge, upon application of the party requesting a claim of payment of amounts of money or the delivery or release of goods, may order the payment of said amounts of money, the delivery or release of goods, insofar as he believes the evidence has been acquired. The code provides that this evidence is an enforcement order.