Law 80/2005 has changed the institution of the investigation prevention techniques with the addition a period in the first paragraph of art. 696 Code of Civil Procedure and the introduction of prior technical advice for the settlement of the dispute.
the first operation has been extended the opportunity to request the technical assessment of the applicant and also the people of the person against whom an appeal is lodged, where consent.
Law 80/2005 intended also codify the principle that allows the expert, in the prior education not only occurs with a purely cognitive activity, the condition of things or people in dispute, but also the evaluation the causes and the damage suffered by the applicant. Before
provide for the deposit of the report, the consultant "try, if possible, reconciliation."
It 'clear that the activity aims to find a amicable solution to the dispute will be put in place by the consultant after having completed or well on the lead during his investigation, thereby enabling the parties to submit alternative solutions for resolving the dispute before that, with the filing of the report, the process is ended.
The consultant is responsible for the preparation of the conciliation report, in evident need to cooperate with the parties, their attorneys, their advisers of a party. At the conciliation report is given, by order of the judge, is enforceable, for expropriation, execution in a specific form of registration and mortgage.
If conciliation fails, the expert's report will again have the value of a mere act of preventive education and either party may request that the proceedings of the subsequent acquisition proceedings, through the mechanism of document production, but in respect of discipline in art. 698 cpc. However, it should be noted that this development is the subject of current discourses and reflections on the part of experts, concerning the scope and problems of interpretation.
Despite the current climate of uncertainty, we are pleased to announce that, for three of our clients, reconciliation efforts experienced under the new procedure under Article. 696 bis of the CPC, have been successful. It has been agreed with the banks. These transactions resulted in a refund of money by credit institutions, in detail, at the end of each procedure, prosecutors have said the party acted the transaction and the amicable settlement of the slope. The
refunded by the credit institutions is made through bank transfer with a value date that coincides with the signing of the minutes of the transaction. Therefore, at the conclusion of the procedure to our customers have been reimbursed by bank bank, respectively, and € 30,234.44 € 147,434.02 € 111,335.62.
For obvious reasons of confidentiality we can not give further details. Customers who wish to get more information, you can still get in touch directly with our external relations office (0931 1845593 - info@consasso.it )
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