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Outline of the Italian Legislation on the enforcement order
Article 474 , Book III of the code of civil procedure, concerning enforcement proceedings, reads as follows:”enforcement proceedings may be carried out by means of an enforcement order for a secure, available and payable claim”. In particular, said provision provides for two types of existing enforcement orders:
- judicial enforcement orders:
- judgments (appellate enforceable judgments as per art.377 of the code of civil procedure as well as first instance judgements temporarily enforceable as per art.282 of said code);
- measures having the character of enforceability for example: the injunction order as per art.647 of the code of civil procedure, the confirmation and expulsion order as per art.663 of the code of civil procedure and the order of the President of the Court issued during the proceeding of separation of spouses as per article 663 of the code of civil procedure);
- Out-of-Court enforcement orders:
- bills of exchange and other negotiable instruments and acts having the same effectiveness provided for by law;
- acts received by a notary or any other public officer authorized by law to receive them relatively to money liabilities contained in them.
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