Gabriele Molinaro,

PhD (University of Milan, Dipartimento di diritto pubblico, sezione di diritto processuale civile

Article is devoted to the general characteristics of the enforcement proceedings in Italy. He author notes that the Italian executive process is too long and cumbersome. Excessive age legislation, perhaps the most important reason for the lack of effectiveness of enforcement proceedings in Italy. Average period of enforcement in Italy is more than 400 days. History of executive procedural law in Italy began in 1940, and today it is no longer meets the realities of the economic system. Almost any enforcement proceeding «means the advance payments by the lender». Particular problem is the interchangeability enforceable obligations, i.e. vested interest in the performance of the obligation of the creditor by specific person (inability interchangeability) or assumption possible execution by a third party (interchangeability). Clearly established case law on the subject is still unformed. Enforcement proceedings in civil liabilities are allowed in respect of public law entities. Also it is very interesting ability to ensure the enforcement of the court by a penalty for delay of execution, including to the public authorities. 

Keywords: enforcement proceedings; coercive measures.

Information about the author

     Gabriele Molinaro (Milan) – PhD (University of Milan, Dipartimento di diritto pubblico, sezione di diritto processuale civile (via Festa del Perdono 7, 20122 Milano (Italy)), e-mail: molinaro.gabriele@ gmail.com).