The new attachment act.

With the new law decree n. 59/2016, converted with law n. 119/2016, there are some news about forced execution. All the innovations are applicable to judicial proceedings instituted after july 3rd. 

The new article n. 492 of the italian codice di procedura civile estabilishes that a warning to the debtor is now obligatory: the execution's opposition is inadmissible if proposed  after the sale or assignment of the distrained property has been already arranged, except in the case of events that have occurred or causes not attributable to the debtor.

This is in line with article n.615 of the italian codice di procedura civile.

Have been changed, then, some of the rules governing public auctions: in fact, regarding the  attachments, the court may order, after 3 unsuccessful attempts to sell, another one with decline of 50% on the auction basis price; for attachments regarding mobile properties, there is a maximum  of three attempts auction for selling the distrained property, otherwise the executive procedure is extinguished and the property goes back to the owner.