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We examine better the legal means, different from the normal cause, indicated by the national laws for the recovery of the sums. The injunction decree. The injunctive procedure or appeal by order of injunction is governed by articles 633 and following of the c.p.c .. The art. 633 c.p.c. provides these words: "
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At the request of the creditor of an amount in cash or a specific part of usable assets or of those entitled to the assignment of a given movable property, the judicial body that has the competence in this regard declares to have o assignment if the right that is claimed is verified by a written document .... omissis ".
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Therefore, the creditor who has the written verification of the sums due - eg: receipts, accounting documents, deeds in which the insolvent declares the presence of the liabilities etc - can obtain a penalty of the judicial body in a short time, avoiding disputes with the insolvent and without having to resort to an additional phase of education (as it happens in a regular case); this sanction, c.d. decree of injunction, which must be made known (that is announced with the official tool of the court) the insolvent, can be directly operational - and in this case the creditor can immediately start a process of implementation with respect to the insolvent (in the event that this last you continue not to fulfill); or it may not be provided with a temporary operation, with the result that the creditor will have to wait 40 days, starting from the date of the notification of the insolvency order, so that this action becomes operational.
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If, however, in the aforementioned period the insolvent presents an objection to the injunction decree (directly operative or not), ie grabs the penalty refuting the existence of the sums to be paid, a regular case arises, which will be resolved with a validation or cancellation of the decree previously issued injunction.
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In the absence of a dispute, on the contrary, the injunction decree becomes resolutively operational and can no longer be discussed.
The investigations in the injunction decree.
Article. 634 cpc includes a general list of what the law considers written certification for the conferment of the injunction decree: "Are valid written verifications .... the obligations and personal commitments through confidential documents, and the telegrams, also do not have the characteristics set by the civil code ....
For the sums concerning distributions of goods and cash and also for supplies of services performed by business owners holding a commercial activity are also written checks the official summaries of accounting documents ... "
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The aforementioned list is not strict, and in this regard the decisions of various judicial bodies are significant, which issued a decree of injunction based on the text of certain e-mails, thus extending the notion of "written verification", which, as already noted, represents the essential condition for the conferment of this type of sanction.
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The forums of the cities of ct, for example, have approved the request for the injunction order of companies, liquid creditors to other companies, indirectly accepting the arguments of the claimants who in their request stated that the e-mails, with which the insolvent guarantees the payment of the amounts to the creditor, unquestionably represent a univocal commitment or recognition of debt and at the same time that these e-mails must be considered computerized documentation, signed with electronic signature, adapted to comply with the legal prerogative of the written configuration pursuant to the results of the articles 633 and 634 cpc. (c.f.r. Cuneo Law on 12/15/2003).
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The generic assessment procedure. Beyond the procedure for an injunction decree, in 2009 the legislative bodies inserted and regulated a modern procedure, c.d. "generic assessment procedure", governed by Articles 702 bis, 702 ter and 702 quater, which stands out because it presents elements of the process different from the ordinary one and tends to obtain a final remedy in a short time, if the request for an injunction, already explained, is not admissible, due to lack of conditions established by the code.