Post by account_disabled on Mar 12, 2024 3:15:35 GMT
Notably with regard to the aforementioned registration of intermediation professionals, limitations on the commission due, establishment of responsibility for such charge, publicity and formalization of the disposal. In this context of considerations, in view of the reasons explained above, the opinion that I respectfully submit to Your Excellency is that it is convenient and opportune to regulate the alienation procedure by private initiative referred to in arts. , I and -C of the Code of Civil Procedure, with the wording given to them by Law No. ,/, in the form recommended by § of this last legal provision, suggesting, with such scope, that it be submitted for consideration of the E. Superior Council of the Judiciary the draft Provision which is attached. Provides for alienation by private initiative referred to in art. -C of the CPC, as amended by Law No. ,/, in the form recommended by § of the aforementioned legal provision.
The Superior Council of the Judiciary , in the use of its legal powers, in accordance with art. , XXVI, 'b', of the Internal Regulations of the Court of Justice and considering what was decided in the records Phone Number List of Case nº /,; CONSIDERING the need to regulate alienation by private initiative referred to in art. -C of the Code of Civil Procedure, in accordance with § of the aforementioned legal provision; CONSIDERING the need to simplify and unify the relevant procedure, with a view to providing greater effectiveness, speed and efficiency to the executive process, particularly with regard to this new type of property expropriation; RESOLVE : Article – In the execution for a certain amount, if there has been no expression of interest in the award, upon express request, the sale will be carried out on a private initiative, to be carried out by the judgment creditor himself or through a broker or auctioneer accredited before the court of execution.
Article – Brokers and auctioneers who promote their accreditation before the execution court in the manner regulated by CG Provision no. , final part, of art. -C of the Civil Procedure Code. Article – In the request for expropriation through alienation by private initiative, the applicant will specify whether he will complete the procedure personally or whether he will do so through a broker or auctioneer accredited before the court, in the manner prescribed in the previous article. § – The commission of the broker or auctioneer will be set by the judge, in an amount not exceeding % of the value of the transaction, except for special circumstances to be assessed on a case-by-case basis, and will be borne by the acquiring proponent, which must be the subject of warning expressed in the disclosure of the sale.
The Superior Council of the Judiciary , in the use of its legal powers, in accordance with art. , XXVI, 'b', of the Internal Regulations of the Court of Justice and considering what was decided in the records Phone Number List of Case nº /,; CONSIDERING the need to regulate alienation by private initiative referred to in art. -C of the Code of Civil Procedure, in accordance with § of the aforementioned legal provision; CONSIDERING the need to simplify and unify the relevant procedure, with a view to providing greater effectiveness, speed and efficiency to the executive process, particularly with regard to this new type of property expropriation; RESOLVE : Article – In the execution for a certain amount, if there has been no expression of interest in the award, upon express request, the sale will be carried out on a private initiative, to be carried out by the judgment creditor himself or through a broker or auctioneer accredited before the court of execution.
Article – Brokers and auctioneers who promote their accreditation before the execution court in the manner regulated by CG Provision no. , final part, of art. -C of the Civil Procedure Code. Article – In the request for expropriation through alienation by private initiative, the applicant will specify whether he will complete the procedure personally or whether he will do so through a broker or auctioneer accredited before the court, in the manner prescribed in the previous article. § – The commission of the broker or auctioneer will be set by the judge, in an amount not exceeding % of the value of the transaction, except for special circumstances to be assessed on a case-by-case basis, and will be borne by the acquiring proponent, which must be the subject of warning expressed in the disclosure of the sale.
