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Results: 4 Answers
Enforcement of Foreign Judgments
9.
Tips and traps
9.1
What are your top tips for smooth recognition and enforcement of foreign judgments, and what potential sticking points would you highlight?
 
Italy
The enforcement of foreign and domestic judgments in Italy can be tricky. Difficulties in locating the debtor’s assets, a complex procedural framework and lengthy enforcement proceedings are the most common sticking points. While the most appropriate actions to ensure smooth enforcement should be assessed on a case-by-case basis, here are a few tips.

A good rule of thumb is to plan ahead. It is advisable to assess where the debtor’s assets are located before filing the lawsuit.

If a creditor has reasonable grounds to believe that the debtor could jeopardise enforcement of a judgment, it may seek interim or conservatory measures, regardless of which court has jurisdiction on the merits.

Furthermore, Italian law provides for remedies allowing a creditor to have an act declared ineffective insofar as it was carried out by a debtor with the purpose of diminishing its assets by passing them on to a third party. Articles 2901 and 2929-bis of the Italian Civil Code offer remedies in this respect.

As regards the search for the debtor’s attachable assets, a useful tool has been provided by Article 496-bis of the Italian Code of Civil Procedure, which allows a creditor to access the databases of public authorities in order to search for the debtor’s assets.

For more information about this answer please contact: Matilde Rota from Studio Legale Withers