by The Daily Law
Here we will deal with the news with Law. 132 as emerged following the completion of the ‘ process that has seen the conversion. Meanwhile, for an overview of the overall evaluation of the text of the law, to be recalled as the sectors that are interested in the story are essentially six:
the transfer of civil proceedings pending arbitration ;
the introduction of the institution of assisted negotiation , by which is meant to encourage the use of means of settlement of disputes still in a pre-conflict with the assistance of a lawyer. In this context, it is expected to also govern a particular hypothesis concerning the matter of separation and divorce ;
simplification of the process of separation and divorce with plans to end before the mayor of the spouses is an agreement;
measures for the functioning of civil proceedings ;
credit protection and acceleration of the process of enforcement and insolvency procedures ;
Finally, the procedure TRANSFER magistrates .
The amendments, among others, with Law. 132 introduced in the conversion by the Senate include:
the ‘ impignorabilità deposits at the disposal of diplomatic missions ;
the ‘ establishment and recovery of two Justices of the Peace (respectively Ostia [Rome] and Bar [Naples]).
Not to mention the assessments are then made with its detailed opinion by the CPMP on the DL n. 132 on 9 October 2014.
The changes introduced by the conversion law
Arbitration . With the Chapter I is expected, based on the joint request of the parties, the possible transfer of certain types of civil cases pending (including on appeal) the date of entry into force of the decree. Left out cases already assumed in the decision, those relating to inalienable rights, causes of labor and social security funds. The conversion law extends that right to those cases involving the rights they have in the collective bargaining agreement the exclusive source. However, the legislature limits the exercise of such a power only to those cases in which the contract has provided for and regulated this type of settlement by arbitration. As for disputes with a value not exceeding the € 50,000, which is part of a PA, it is expected the tacit consent of the latter, without the express written dissent to be made within thirty days of the request articulated by the private party.
Other changes introduced by the legislature of the conversion to arbitration matters regulated by Decree No.. 132, are:
transmission to the Council of the file by the court for the appointment of the arbitration panel for disputes whose value exceeds € 100,000.00, an arbitrator for those of lower value if they are parties to decide unanimously;
the arbitrators are selected from lawyers with seniority of registration of at least five years albo order the District (not recipients of convictions involving suspension from the last five years);
it is expected the ‘ incompatibility between the post of the order and the appointment of arbitration extended to the outgoing directors for an entire consiliatura after the end of the term;
has the option of arbitrators to apply for extension of additional thirty days for filing the award, subject to agreement between the parties;
is now provided for the adoption of the Regulatory Decree , to paragraphs 1 to 4 of art. Decree No. 1. 132, within ninety days after the entry into force of the law of conversion;
Finally, the establishment of criteria useful in the award of arbitration referred to in the aforesaid decree No.
Convention of assisted negotiation . The innovations introduced with regard to the new institution, the law of conversion, refer especially to the clarification of which are to assist one or more lawyers (paragraphs 1 and 5 and heading Art. 2 and Art. 6, so, also, art. 10, paragraph 1, and in the same section of Chapter II DL no. 132 as conv. in law). The legislature has thus no obligation of public authorities to entrust the trading to their advocacy, if any.
Other new features provided in the conversion of Decree no. 132 by the legislature relating to the institution of assisted negotiation are:
the deadline for the completion of the procedure that may not exceed three months (remains, however, the possibility of an extension for a further thirty days if during there is no agreement between the parties);
the subject-matter of the dispute can not relate to the subject of the work, as well as the inalienable rights.
Other changes introduced in Chapter II of Decree no. 132 from its conversion law concern, then, Articles. 3, 5, 6, 7, 10 and 11.
Preclusion . It is expected that the period for which the first two paragraphs of the standard in relation to those matters which remain subject to other terms of admissibility, is reckoned with them.
Enforceability of the agreement as a result of the agreement and transcript . It provides for the obligation of the full transcript of the precept, art. 480 Code of Civil Procedure, of ‘ agreement reached (so also with regard art. 12, paragraph 1, of Legislative Decree no. no. 28/2010).
Convention negotiation assisted by one or more lawyers for the mutually agreed separation, termination or dissolution of the civil effects of marriage, modification of the conditions of separation or divorce . The conversion law now provides for the negotiation of the Convention is to be assisted by at least one attorney on each side. It also corrects a clerical error reporting as of December 1, 1970 ln 898, indicated that of 10 December by Decree No.. 132 (is v. Also art. 12).
The conversion law has, therefore, expected that the agreement should be transmitted to the Public Prosecutor. These issues go-ahead for the related requirements, if it does not consider irregularities. This solution, which is followed in the absence of minor children, incapable of age, people with disabilities severe, financially self-sufficient. Otherwise, the agreement must be transmitted within a period of ten days to the Public Prosecutor before the competent court which has authorization , if satisfied that the agreement is responsive to the interests of children; if, then, that the Public Prosecutor is of a different opinion, provides for the transmission of the President of the court, which fixed within thirty days, the appearance of the parties.
The agreement must report the attempt at conciliation experienced attorneys and the ability to be notified by the parties of such remedies in the middle of family mediation as well as the information they provide to the Parties on the importance for a child to spend time adjusted with each parent.
It is, then, reduced the size of the fine imposed in the event of breach of the duty of the lawyer referred to in paragraph 3 of art. 6, which is now redefined in a minimum of 2,000.00 up to a maximum of EUR 10,000.00.
The conversion law amending certain provisions then also order: thus, Articles. 49, paragraph 1, 63, paragraph 2, 69, paragraph 1 of DPR 396/2000.
The conversion law, therefore, the expected deletion art. Decree No. 7. 132, which went Conciliation concerning rights of the employee . It also stipulated that constitutes a disciplinary offense to the lawyer, who contravenes the provisions and obligations imposed by the rule in art. 9, paragraphs 1 and 2 of Decree no. 132.
The aforesaid conversion law committed, therefore, the Ministry of Justice to the annual transmission to Parliament a report on the state of implementation of Chapter II of Decree no. 132 as conv. in the law.
In Chapter III, composed of only art. 12 of Legislative Decree no. 132, the conversion law change, however, the prediction that, in place of the registrar originally planned, now shows the figure of the mayor as a registrar , in front of which is given to the spouse (who will now be able to make use assistance optional a lawyer) conclude a separate staff or, under certain circumstances, of dissolution or termination of the civil effects of marriage, as well as changing the terms of separation or divorce.
The same law Conv., Also directed that the registrar receives the declaration of the parties wish to be separated, personally , with assistance optional lawyer. In addition, the registrar shall invite the parties to appear before him within a period of thirty days from the receipt of the declaration of the spouses in the event of separation, cessation of the civil effects of marriage or termination in accordance with the conditions agreed, to the necessary confirmation of the agreement. Failure to appear is equivalent to the law, the lack of confirmation of the same.
Other changes introduced with Conv., Concerning the compensation scheme of the costs (it is expected, in particular, the replacement of paragraph 2 of art. 92 CCP); Art. 15 of Legislative Decree no. 132, concerning statements made to the defender , is suppressed ; is redefined the term of suspension working that now takes place from 1st to August 31st of each year.
Other interventions rimodulatori of the legislature of the conversion, then the concern of Chapter V of the Decree, in particular Articles. 17, paragraph 1, 18 (term and attestation of conformity of copies of the following documents: Minutes, enforcement and rule) by the lawyer’s creditors for the sole purpose of the rule itself); it provides for the insertion, addition, in the disp. att. Code of Civil Procedure Art. 164- ter ( Ineffectiveness of foreclosure for non-filing of the notice of general register ).
Finally, I introduced amendments to art. Decree No. 19. 132, which affects the art. 26, 492- bis , 503 of the CPC, foreseeing the inclusion of the new Code of Civil Procedure in the same article. 521- bis ( Seizure and custody of motor vehicles, motorcycles and trailers ); Articles also engraved. 569, 572, and is expected to adding art. 155- e avail. att. Code of Civil Procedure ( Further cases of application of the provisions for research by Information Technology assets to be attached ). Finally, paragraph 6 of art. 19 DL cited. has been replaced by the law of conversion, with the provision now applying Article. 155- d avail. att. CPC also to proceedings referred to in paragraph 5 of that Article. 19 DL cit., Whose provisions apply to proceedings initiated after the thirtieth day following the entry into force of the law of conversion itself (subject to the exceptions provided for by the same rule).
Finally, it must be mentioned that the legislature of the conversion has also taken steps to replace art. 22 of the Decree laying down the financial provisions .
Civil Justice Reform – For the latest news follow the Special of The Daily Law
elimination of the backlog and transfer in arbitration proceedings pending before the courts
assisted negotiation
simplification of procedures for separation and divorce
civil procedures of cognition
credit protection and simplifying the process of enforcement and bankruptcy proceedings