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"And the Word became flesh and dwelt among us" (Jn 1, 14a).

From
Apophthegmata of the Desert Fathers.

"A monaco Desert Scetis, born of a slave family, every year he went to Alexandria to bring the salary to his bosses and wash his feet.
They however did not want that to happen to him, saying:" Father , do not do this .
But monaco insisted answering "I declare myself your servant and full of gratitude because you left me free to serve God"
I want to wash your feet and you accept my salary. "
They then left him to do and dismissed him with great honor. "

In this time of joy for the birth of Jesus, which has allowed the flesh salvation of us all, without distinction of class, race or religion, recalling the title of the post the prologue of John's Gospel, it is my intention to set aside the usual legal issues of the blog inviting the reader to meditate on a apophthegm of the Desert Fathers.

The maximum short to reflect on the value of humility, gratitude and the equality of all men.
I chose to enrich the post with the fresco of the fifteenth century by Bernardino di Betto, called Pinturicchio " Nativity with St. Jerome," preserved in the splendid Basilica of Santa Maria del Popolo in Rome.

But who were the fathers of the desert and what are the apophthegmata?
They were called the Fathers of the desert hermit monks in the fourth century AD, may peace finally arrived in the empire of Constantine, they left the city to live in the desert of Palestine, Egypt or Syria.
The first and most noted of these monks was Anthony the Great.
They wanted to live the Christian faith with rigor and had several disciples and their sayings, the apophthegmata, provides an insight into the spirituality of these hermits.
The term derives from the verb apophthegm greek " apophthenghésthai " which means "enunciate a sentence" and therefore means "above, above, Max", is referred to a phrase or sentence that recapitulates a truth and refers to a historical situation with real people, is a kind of sentence set out by the protagonist in response to a statement of another person.
apoftegmatici The Bible contains books such as Proverbs and famous are the Apophthegmata of the Desert Fathers is a valuable source for the history of spirituality and the origins of Christian monasticism.

At the end of this interference due to the spirituality (but I always say to have you proposed a "verdict" even if the content far more important than those made by the judges ...) it is my duty to wish everyone who visits the blog, occasionally, a peaceful and happy Christmas 2009 and those who have lost their jobs in the that is ending to see it again in 2010, thanks not only to the intervention of the leader or at least of men, but the help of Him who moves all ( Dante par.1 ) and on which we can all have confidence in difficulties of life.

Merry Christmas and Happy New Year
or for someone like me, has a penchant for latinum
" Christmas hilare Faust et Annum !"
Aloysius

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BUILDING. The protection for purchasers of property to build.


Buy " card " properties whose construction is to begin or unfinished and will be delivered later in the opinion of the writer and is also involved in law immobiliare, è una scelta che può avere i suoi vantaggi, soprattutto economici per le giovani coppie, ma va perseguita con la dovuta cautela.

Non a caso il legislatore, dopo che migliaia di famiglie italiane sono state coinvolte nei fallimenti di imprese di costruzioni rimanendo senza casa pur avendo versato cospicui anticipi, ha varato nel 2005 il Decreto Legislativo 122/2005 , " disposizioni per la tutela dei diritti patrimoniali degli acquirenti di immobili da costruire " che si applica ai contratti relativi al trasferimento dei diritti di proprietà o altri diritti reali su immobili, ad esempio l'usufrutto, per i quali il permesso di costruire è richiesto successivamente al 21 luglio 2005, data of entry into force of the decree.

The protection granted by Legislative Decree no. 122, it should be noted, is reserved only natural buyer " that promisee or buyer who purchases a property to be constructed or that has entered into any other agreements, including lease (. ..) or one which, although not a member of coooperativa building, has assumed the obligations that cooperative for the assignment of ownership or the acquisition of ownership of a real right of enjoyment of a building to be built on the initiative the same. " against the manufacturer may be a contractor or a housing cooperative that promise for sale or selling a property ... is to be built if the property is built directly by them or the construction is contracted out or performed by third parties.

In summary, the decree states, regulating the content of the preliminary analytically between the parties, be borne by the manufacturer on conclusion of the contract for the sale of property or other real right of enjoyment relating only to properties built or completed, the obligation to provide a surety in an amount corresponding to the amounts and the value he has received and has yet to be collected by the buyer as stipulated in the contract, with the exception of amounts that will be provided by a third party lender. The guaranty insurance
o bancaria garantisce la restituzione delle somme e di ogni altro corrispettivo versato dall'acquirente, oltre agli interessi legali,nel caso in cui il costruttore incorra in una situazione di crisi, qualora si verifichi il fallimento o la liquidazione coatta amministrativa o la trascrizione di un pignoramento relativo all'immobile in questione.

Il costruttore è anche obbligato a contrarre e a consegnare all'atto del trasferimento della proprietà una polizza assicurativa decennale a beneficio di chi acquista con decorrenza dalla data di ultimazione dei lavori.
La polizza assicura l'acquirente dai danni materiali e diretti all'immobile, compresi i danni a terzi, derivanti da rovina totale o parziale o da gravi defects that occur after the conclusion of the sale of the property.
It 's the ten-year guarantee provided by' art. 1669 of the Civil Code " ruin and bad things of real estate" providing for the responsibility of the contractor to the purchaser and those who buy from him, provided that the grave defects, namely those that affect the soundness, efficiency and durability the structure ( Supreme 3002/2001), are reported within one year from discovery, ruling, remember to legal action, the limitation of the right within one year after the complaint.

Of fundamental importance was the establishment by decree of the " Solidarity Fund for buyers of real estate by building " established at the Ministry of Economy and Finance and managed by CONSAP, public insurance dealer services, thanks to which, with the verification requirements of precise objective , has secured compensation to customers who had suffered the loss of money or other property without obtaining the right to ownership or other real right of enjoyment following the occurrence of the crisis of the manufacturer.
The deadline for submitting applications to CONSAP expired on 30.6.2008, as we learn from the site www.consap.it.

Here it was possible only a quick overview Decree on the 122, without mentioning the other contents of complex rules but of obvious importance for those who want to buy property for construction companies.
Those who are interested in exploring the issues discussed, the guarantee, the insurance policy, the requirements of the preliminary contract and other provisions of the decree may contact the firm for any clarification.

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PRIVACY. Voice is a personal data.


may happen to receive phone calls with which you are urged to purchase goods or services or to enter into contracts with its consent voice.
But consumers who respond in this way and concludes a contract is protected from abuse? A recent
measure of the Guarantor for the protection of personal data ruled that the voice is a personal and as such covered by the protection afforded by current legislation.
The measure is 8 July 2009 and draws from orgine action for a consumer complained that the activation of a service by a telephone operator by the so-called "verbal ordering" that the telephone call during which adheres to a business proposal.
The consumer denied that it had concluded the contract and therefore had requested a copy of the record of the interview which was to be provided with the verbal agreement to purchase the service offered by the telephone.
L'operatore si era limitato a mettere a disposizione la trascrizione scritta del contenuto del colloquio ma non la registrazione.

Il Garante ha stabilito viceversa che la registrazione di un colloquio telefonico che comporta l'attivazione di un nuovo servizio commerciale deve essere fornita all'interessato dietro sua richiesta.
Con il provvedimento del Garante è stato precisato che anche suoni e immagini rientrano nei dati personali oggetto di tutela.
L'art. 4 comma 1 lett.B del Codice della privacy, D. Lgs. 196/2003 , costituisce " dato personale " una " qualunque informazione " relativa a persona fisica, giuridica, ente o associazione che siano identificati o identifiable, even indirectly, by reference to any other information and " in terms of format of information or media used, the concept of personal data includes information in any form, alphabetical, numerical, graphic, photo or sound "So the sounds constitutes personal data against which interested parties may assert rights under Art. 7 of the Code.

The consumer has the right to access personal data contained in the "verbal ordering " or the voice data by using their registration, the Authority therefore ordered the telephone operator to deliver to the applicant on media containing telephone consultations.

E 'for the readers of the mail studiolegaledevaleri@gmail.com to any request for clarification on the right to privacy and the protection of personal data.

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ASSELMBLEA EXTRAORDINARY ORDINARY MEMBERS

MEMBERS OF EXTRAORDINARY




E 'convened an extraordinary meeting of members for the day October 27, 2009 at 9:00 am on first call at 11:00 am and second convened at the Library of the Bar Council to discuss and vote on the following agenda:

1) AMENDMENT REGULATIONS REVIEW OF LAWYERS BARI : will discuss and vote the art. No. 5, Art. 6 (point 4, 5, 6, 7 and 8) and Art. 10 of the draft submitted and approved by the Board, as a precautionary measure on 06/10/2009,
2) Any other business.

BARI, October 7, 2009 The Board of Directors



members interested are invited to submit proposals for amendments deemed worthy of discussion, not later than October 20, 2009
are available at the Secretariat to amend the drafts.

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The new procedure for pledging of claims from third parties shall apply to all claims of the debtor?

La nuova procedura prevista dall’art. 72 bis del DPR 602 non trova applicazione per i crediti pensionistici ed incontra i limiti di pignorabilità delle somme dovute a titolo di stipendio, salario o altre indennità relative al rapporto di lavoro. In caso di inottemperanza all\'ordine di pagamento si procede, previa citazione del terzo intimato e the debtor, under the rules of the Code of Civil Procedure.

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foreclosure home

With regard to the requirement of non-eligibility to the transactions referred to in paragraph 2 of the 'notice represented "by the presence of SMEs in the hands of the" enforcement proceedings in progress ", is that correct procedures encompass both those that real estate securities (including in foreclosures di crediti, pignoramenti di macchinari/impianti, pignoramento di quote sociali come le partecipazioni in società, ecc.)?

R. Tenuto conto che il Punto 3, bullet 2 dell’Avviso indica genericamente le “procedure esecutive” in corso si ritiene che vadano in esse ricompresse sia le procedure esecutive immobiliari sia quelle mobiliari.

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foreclosure real estate I have a seizure in the course, you can still help me?

Yes For not being able to delay repayment of the loan is granted the transfer of the fifth also seized subject to compliance with certain parameters.

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In fact from what I know the privilege should be registered with the competent court of the place where the machine must be installed otherwise in the case of attachment of the property in a title search of this privilege would not be seen the lack of electronic links between courts , is not it? If for example I want to register the contract in a court other than those responsible for the seller or the buyer could I do? In the case of privilege

Sabatini, and Sabatini only, the answer is definitely (a contract can be authenticated by a notary of the privileged province of the seller) as the privilege Sabatini is independent from any place (seller, buyer, car), because the legal regime of advertising related to the marking Sabatini visible on the machine and not the privilege log. If the Seller of Milan, a purchaser of Catania, the car in Rome, and the contract shall be certified in Pescara, the Court competent to Pescara.

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The same can 'decide to remove the attachment and eventual auction, if it were possible to pay the debt? In

Sino alla data della vendita l'esecutato può pagare i suoi creditori ed estinguere la procedura esecutiva, pertanto, è sempre possibile da parte del creditore procedente (banca) desistere dall'azione Unless otherwise explicitly stated, is refraining from the subsequent acts against him as provided by law. The court finds that the withdrawal from the available storage and the removal of the attachment from the property registers.

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my doubts: - If a document is missing the date and / or signature are not null?

(at least it is so important to the will ...) however the precept and the minutes of the seizure date back to 1993. - Sui libri che ho letto pare che la data dell'esecuzione deve essere comunicata dal creditore entro un termine di 90 giorni, superato il quale il pignoramento decade e il creditore dovrà iniziare nuovamente la procedura. Sono passati quasi 10 anni è decaduto il pignoramento? Possiamo considerare casa solo ipotecata e non pignorata?

Del pignoramento e della vendita immobiliare se ne occupano gli articoli 555 e seguenti del c.p.c. al quale rinvio per una migliore precisazione dell'iter della procedura.

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bank advised me to buy an apartment burdened by mortgages, porebbe clarify the meaning of this point (if the auction, the mortgage

If the apartment is occupied depends on whether there is a valid (the contract must be registered before the seizure). If the contract is enforceable, the property is sold and occupied at the end it will be necessary to seek legal action to secure the release of the premises, and if the contract is not enforceable (after contract execution or unregistered) of the Decree of the property transfer is Enforcement for release of the premises. In the latter case the time to get the local free range from 6 to 8 months by the command (notice to vacate the premises within a fixed period).

you are right, all property sold in execution procedures are often seized and subject to a charge. But, however, the property is sold by public auction free of mortgages, foreclosures or other, and the decree of transfer (equal to the notarial deed) contains the order to the registrars to cancel real estate mortgages and foreclosures recorded in the object .

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The new procedure for pledging of claims from third parties applies to all claims of the debtor?

The new procedure provided for in Article. 72 bis of Presidential Decree 602 does not apply for pension credits and meets the limits of pignorabilità the amounts payable in respect of salary, wages or other benefits related to employment.

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House prices continue to fall but there are early signs of recovery

According to the report presented this morning Tecnocasa prices continue to fall, but slowly recovering from the first half of the year. In the metropolis prices down 2.7 percent
Even in the first half has continued the decline in property prices but the changes were overall lower than those recorded in the second half of 2008. This was revealed by a survey conducted by Tecnocasa, which showed a more significant decline in the provincial capitals (-2.8%), followed by the big city (-2.7%) and finally dall'hinterland of large cities (-2 , 3%).

The market has become even slower, transactions are in significant decrease of the operators but the feeling is that since the second quarter there was an upturn in confidence that has renewed interest in the purchase of the house. Transactions are in significant decline, but among the players meander signs of optimism: in the second quarter of the year there was a sharp upturn in confidence that has renewed the interest of potential buyers.

This morning, during the press conference of national Tecnocasa which was held at the Press Club of Milan, the operators have confirmed the biggest drop in prices in the provincial capitals e infine nelle periferie delle grandi città. La diminuzione più sensibile dei prezzi rilevata da Tecnocasa si registra a Trapani (-11,7%), seguita da Varese (-10,7%) e Avellino (-9,5%). La capitale si attesta sul -2,8% e Milano a -1,7 per cento.
Nella prima parte del 2009 il prezzo dell'immobile è stato determinante ai fini dell'esito della compravendita: ormai è il rapporto qualità-prezzo è fare la differenza e i potenziali acquirenti sono sempre più attenti ad acquistare a prezzi congrui rispetto alle caratteristiche dell'edificio. Tanto che nei quartieri dove l'offerta abitativa è più vetusta si sono registrati i maggiori ribassi. In particolare sono state apprezzate le soluzioni poste ai piani alti, con spazi esterni, luminose e inserite in decorosi contesti condominiali, posizionate in zone tranquille e poco trafficate, possibilmente con box o posto auto.

Le richieste sono concentrate soprattutto sulle prime case (77,9%), un trend stimolato anche dal ribasso dei tassi di interesse sui mutui. Restite comunque anche lo zoccolo di investitori che sceglie il mattone a fronte dell'incertezza che ha interessato i mercati finanziari (22,1% ad uso investimento/seconda casa). A luglio 2009 nelle grandi città la tipologia più richiesta è stata il trilocale, con il 36,3% delle preferenze, dal momento che il calo dei prezzi li ha resi più accessibili. A Milano, Napoli e Roma però continua a "vincere" il bilocale.
As regards the analysis of the availability of expenditure, taking into account the trades made by the agencies of Tecnocasa group, the majority of requests are concentrated in the range between 170 and 249mila € (24.6%), and follow up to 349mila € (21.6%).

Tecnocasa forecasts on the housing market remain anchored in what will be the country's economic situation (in employment and credit) should close the year between -5 and -3 percent, then leveled by 2011. If you are confirmed predictions of an economic recovery next year we expect even a slight decline in prices, with a tendency to stabilize in 2011. According operators who took the word at the press conference, affecting in this recovery increased liquidity in the portfolios of riparmiatori Italian (maybe divestment in stock, creating the dreaded "capital flight" from financial markets), the effects of the tax shelter; and the belief that all the more so the prices can not fall.

also more than 800 real estate agencies network Gabetti - for the decline in the first half of 2009 was 3.6 percent - reported yesterday, in March, an increase of interest of visits and activities. In particular the increase in demand for used, while the choice of the area is no longer binding. To close the negotiations, however, owners must give an average discounts of 15 percent.

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DAMAGE TO ROAD ACCIDENTS. The direct compensation is not required.

With the recent ruling No 180, 19 June 2009 the Constitutional Court has clarified that the injured following a road accident is not required to activate the direct compensation of the Insurance Code, but may seek redress even if the person liable and his insurance company.

E 'definitely the interpretation that fall under the Leg. 209/2005, the Insurance Code , who had been injured during a traffic accident should contact your company to be compensated for property damage and / or physical , but then if the sum received by the latter was not deemed appropriate before the courts or the Justice of Peace, with the latest amendments to the Code of Civil Procedure relevant to the value of Euro 20,000 or the Court, sued only his company in accordance with Art. 145, paragraph 2 of the Code without being able to act Ass under Law 990/69 and art. 2054 of the Civil Code, against civil liability for the accident and his company.

La sentenza della Corte Costituzionale ha origine dall'ordinanza di un Giudice di Pace di Palermo che, nel decidere un procedimento inerente un sinistro stradale, aveva espresso dubbi di costituzionalità dell'art. 149 del Cod. Ass. secondo cui " i danneggiati devono rivolgere la richiesta di risarcimento all'impresa di assicurazione che ha stipulato il contratto relativo al veicolo utilizzato" obbligandolo a rivolgersi alla propria assicurazione eliminando il diritto di agire anche contro il responsabile.

I giudici della Consulta, con una sentenza interpretativa di rigetto, hanno ritenuto che " sulla base del significato proprio delle parole (...) l'azione diretta contro il proprio assicuratore è Configurable as a faculty (...) alternative to traditional action to enforce the liability of the damage. "and" the new system of direct compensation is not to suggest not already laid down by the actions in favor of the injured. "

Therefore, it was the correct interpretation of many of my fellow lawyers who believed still applicable both during court proceedings that even the original procedure of claim for damages against the insurer and his company.

Because of the topic I also give a nod to vexed question of reimbursement of spese legali sostenute dal danneggiato nella fase stragiudiziale della procedura di risarcimento che l'art. 9 del D.P.R. 254/2006, regolamento di attuazione del Codice delle Assicurazioni , non include nell'importo del risarcimento in spregio agli articoli 3 e 24 della Costituzione, uguaglianza di fronte alla legge e diritto alla difesa che deve essere garantito non solo nel corso del giudizio ma anche nella fase delle trattative stragiudiziali come ribadito dalla Corte di Cassazione nelle sentenze n. 11606/2005 e 2275/2006 che le includono nel danno risarcibile.

Il Giudice di Pace di Cagliari con ordinanza del febbraio 2008 ha rimesso gli atti alla Consulta per illegittimità costituzionale del citato art. 9 che sarebbe in contrasto con l'art. 3 della Costituzione perchè ha creato una situazione di disparità a svantaggio del danneggiato -consumatore a favore delle compagnie assicuratrici, il quale, parte debole, volendo evitare i costi dell'assistenza legale deve sottostare alle condizioni risarcitorie imposte dalla propria compagnia che gode di posizione prevalente. Ciò porterebbe anche alla discriminazione tra gli indigenti e gli abbienti che potrebbero sempre permettersi l'ausilio di un legale per una migliore tutela dei propri diritti.

Si confida in un sollecito pronunciamento della Corte costituzionale su questo tema delicato che interessa migliaia di danneggiati che, senza adeguata assistenza, si trovano at the mercy of companies and are forced to settle for what is offered by the liquidators or the experts, who, it should be noted, must meet the budgetary needs of their sponsors and willingly deal with compensation for those who are unprepared, such as , on tables and microinvalidità, biological damage or injury from loss of earnings.

E 'in the eyes of us all practitioners that the new compensation system direct compensation does not protect the victim at all - but the consumer as recommended enabling act.

The obligation on the insurer to provide information and technical assistance to the injured, provided in the regulations issued after Codice delle Assicurazioni, è solo un contentino per l'assicurato, visto il chiaro incontestabile conflitto di interesse tra l'assicuratore-liquidatore del danno che vuole contenere i costi dei sinistri e il danneggiato-creditore che vorrebbe ottenere il massimo risarcimento.

Ebbene, occupandomi anche di infortunistica stradale, per esperienza personale devo dire che buona parte delle compagnie di assicurazioni riconoscono, anche nella procedura dell'indennizzo diretto, le spese legali dell'intervento dell'avvocato che assiste il danneggiato nella fase stragiudiziale.

Tuttavia a conferma del buon diritto del danneggiato non solo a rivolgersi ad un legale ma anche ad ottenere il rimborso dei suoi I can quote the cost No ruling of May 31, 2005 11606 of the Supreme Court Civil Section III, which included as head of loss is also independent court legal costs incurred by the person entitled to compensation.

In conclusion it should be noted that the matter dell'infortunistica road requires specific skills and knowledge, both legislative and case law that only lawyers, better skilled, they can provide, and not anyone else, citing alleged powers technical and legal, it is proposed to assist the injured, aiming only to any assessment of damages to be obtained as soon as possible to ask your consideration.

Tra l'altro l'avvocato nel valutare la congruità del risarcimento dovuto secondo la legge e la giurisprudenza che conosce, considera l'opportunità o meno di rivolgersi al giudice conoscendo i meccanismi procedurali.

Coloro che hanno subito un danno da sinistro stradale possono continuare a rivolgersi ad uno studio legale che potrà assisterli e tutelare i loro interessi nei confronti delle compagnie di assicurazioni soprattutto in occasione di sinistri denotati da particolari circostanze in tema di accertamento di responsabilità potendo contare sul rimborso anche delle spese legali, pur nella fase che precede l'eventuale causa, sia da parte della propria compagnia che dal responsible for the accident and his company.

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- We evaluate your debts:

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Our technical department will review your property directly, or through our
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arrange a balance of debts with creditors by providing
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- We help you buy property or Selling it to
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LIST OF MEMBERS ALLOWED

ORDINARY MEETING OF MEMBERS

The Library Council of the Bar of Bari
is called the Ordinary Members of the following days:
July 14, 2009 at 8:30 am on first call and
July 15, 2009 at 10:00 am in the second meeting, to discuss and vote on

following agenda: 1
. REPORT OF THE SECRETARY;
2. TREASURER'S REPORT;
3. APPROVAL OF FINAL REPORT 2008
4. APPROVAL OF 2009 BUDGET PRESENTATION

Bari, July 1, 2009 THE BOARD OF DIRECTORS

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How to deal with a foreclosure foreclosure

been notified that your home will be auctioned to pay off your debts is not easy to deal with the news.

The first reaction one has is to deny. "It is not possible to be successful," "They can not do it," "should not happen to me." These reactions are certainly legitimate, but do not help ...

deny the incident can only distract you from finding the solution to your problem. The psychological state of uncertainty, where this kind of problems you drag, driving people away from reality the mind to throw in the state of fear.

Fear not, this feeling of helplessness can stop giving up the fear and begin to think with a cool head. The solution to your problem can be found only by analyzing all the facts of your situation without taking leave negative emotion of fear of losing everything.

First, that defeats the uncertainty is aware, finding relevant information. Start looking for the information, including online, is a way to take action and not remain helpless.

Then you have to force yourself because I know that the idea of \u200b\u200blosing your home is unsettling, but when it comes to foreclosure there are many possibilities: we must return to creditors that it is and you can only do this by selling your property.

not going to wait for auction: the times are very long, your debts increase and you risk not being able to pay all despite the sale of the property.

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WHAT '
E' means an act which begins the forcible expropriation of the following existence, and the notification of an executive and a precept
covered by the Code of Civil Procedure to 'art.491 and following (rules reformed by Law 80/2005 and 51/2006) and' practice in order that a judicial officer is on the defendant to refrain from any act intended to steal the credit guarantee items that are the subject of expropriation and the fruits it.
The order must also contain:
- the call to the debtor to make a declaration of domicile or residence-in-one municipalities in the district where the headquarters of the court competent for execution. Failing all notifications will be made at the Registry of that court;
- a warning that the debtor can 'request a change to property or claims seized a sum of money equal to the amount owed to creditors, including interest and costs . This' special instance and the Court by depositing a sum not less than one fifth of the credit.

FORM
of the attachment by the bailiff shall read a report which shows, as well as the order of above, the description of all things foreclosed, their state (through photographic representation or audio) and the approximate determination of the realizable value determined with the assistance, if considered necessary or required by the lender, chosen by an expert estimator 'bailiff. If it concerns movables


The bailiff fitted Enforcement Foreclosure looking things in the house of the debtor and other places belonging to him, and also on the person. The bailiff can 'have the assistance of the police.
can not 'relate to things not be attached and should preferably be carried out on the things that the judicial officer considers more' easy and prompt liquidation to a maximum realizable value (calculated by increasing the half 'the amount of credit precepts). In any case, should be preferred, in order: the cash, valuables, debt securities and any property that appears to secure implementation.
can not 'run on public holidays and outside the hours designated by law for service of documents (from 7 to 21).
money, valuable securities and are seized by the bailiff delivered to the Registrar of the appropriate court, while other goods are transported to a place of public deposit, or assigned to a specific guardian (who can not 'be the creditor or the liable if the other party does not give its consent).
Important Note: The attachment can
'also cover movables (furniture, various objects) present in the property not owned' by the debtor. And 'that court has sufficient residence to assume the force of law-in-the goods stored in the building are of his property', unless the contrary (or its actual owner).

Seizure ESTATE
is performed by notifying the debtor in the land register and subsequent transcription of a document containing the exact description of the property and order the debtor to refrain from acts devices. Together with the property can be seized even the furniture in it, if it becomes apparent expropriation should take place together. A custody is normally appointed the debtor, but at the request of a creditor, the court may 'also appoint a different person. This' is, however, if the debtor does not occupy the property.

garnishee
covers claims of the debtor to third parties (such as rents, wages-say-in limits on the amounts and current account) or property of the debtor that are held by third parties. You run through a notification addressed to the debtor and the third, and contain more than the injunction not to take any action device about the goods and credits subject to seizure, an indication of the credit for which you proceed, and the enforcement of the precept, indication also general things or amounts due and not notice the other party to dispose of it without court order.
The Act also contains an invitation to appear before the court to declare "what things or what amounts" and the third 'or the debtor is in possession and when they must make the payment or delivery.
interesting to note that this provision does not apply to foreclosures "tax collection" (see 'below), for which e' must be anticipated that the third party obligor makes payments directly to the dealer.

EFFECTS
The attachment of the attachment, in various species, has the effect of making them unenforceable in the creditor and other creditors involved in the execution, gli atti di disposizione compiuti sui beni pignorati (come per esempio la vendita e le cessioni dei crediti).
Per gli immobili vale la regola dell'anteriorita' della trascrizione; per i beni mobili il principio della tutela del terzo acquirente che abbia acquistato il possesso in buona fede. Si vedano, in proposito, gli articoli 2912 e segg. del codice civile.

COSA SI INTENDE PER IMPIGNORABILITA'
Riguarda il pignoramento mobiliare presso il debitore, e riguarda cose che per il loro prevalente valore morale (es. oggetti di culto, fede nuziale), o per stretta necessita' nella vita domestica (es. frigorifero, lavatrice), hanno indotto il legislatore a privilegiare i bisogni di quest'ultimo rispetto al principio per cui tutti i beni dovrebbero fungere da garanzia dei creditori ed essere quindi espropriabili.
Sono inoltre sottratti al pignoramento i crediti alimentari (gli alimenti versati dal coniuge separato, tranne per cause di alimenti e comunque con autorizzazione del presidente del tribunale o di un giudice delegato e per la parte dallo determinata dallo stesso), i crediti aventi per oggetto sussidi di grazia, di sostentamento, di maternita' e di malattia.

Sono parzialmente impignorabili, invece,
tutti i beni indispensabili per l'esercizio della professione o del mestiere esercitato dal debitore. Essi possono essere pignorati nei limiti di un quinto nei casi in cui il presumibile valore degli altri beni non appare sufficiente per la soddisfazione del credito. The provision does not apply if the measure concerns a society '.
Special provisions also relate to the things that the owner of land held for the service and the cultivation of that as well as' the fruits not yet collected or separated from the ground.
More details can be found on the art.514 et seq. as well as' Article .545 of the Code of Civil Procedure.

PIGNORABILITA 'SALARY
The Budget 2005 (Law 311/04) has definitively treated the provisions relating to pignorabilita' salaries of private and public ones. For the latter note that already 'time' was abolished the rule of absolute impignorabilita 'following several rulings by the Constitutional Court (Judgments and n.89/1987 n.878/1988).

basically applies to all salaries (as well as 'bonuses, pensions, allowances', grants, etc.) the general rule that they not be attached and seizure unless these exceptions:
1) if the debt owed covers food by law, and 'expected pignorabilita' salaries up to a third of the net of deductions;
2) if the debt 'to the state or other agencies or businesses from which the debtor is, and the relationship of employment, and 'expected pignorabilita' salaries up to a fifth of the net of deductions;
3) if the debt charges due regard to the State, provinces or municipalities or by the employee wage and 'planned pignorabilita the 'up to a fifth of the salaries of the same net of withholding tax. If

compete simultaneously cases 2 and 3 the attachment can not 'strike a portion of the fifth highest total already' mentioned, but also helps the case if an attachment can not 'strike a greater share of the goal' salaries net of considered.
E 'to be specified, as required by the Code of Civil Procedure, that the share subject to seizure and' decided by the President of the Court or a judge delegated by him.

Source: article 1 and 2 dpr180/50 with amendments to the law 311/04 article 1 paragraph 137 and Art.545 cpc et seq.

IF seized assets is insufficient, or occur
too long time for the clearance of the same, the bailiff can 'officially ask the debtor about the existence of other assets available for seizure. The debt-to-make false statements when interviewed, or do not cooperate, or does not respond within 15 days, are punishable as provided by .388 of the Criminal Code (up to one year imprisonment and a fine of up to 309 euro). Additionally
the bailiff can ', always with a view of the above, carry out a survey to seize property with direct access to their tax or other public databases. If the debtor and 'a trader, also, the officer will be able to' see the accounts by consulting a professional.
Everything 'at the request of the creditor, with special application that can' ask the integration of the seizure even if the court deems inappropriate estimates made by the bailiff. To this end, the court has right 'to appoint an expert estimator.

TO AVOID foreclosure
the debtor can 'pay in the hands of the bailiff of the amount due to increased costs because' it is delivered to the creditor. To prevent the seizure of things, he can 'pay the amount due including costs bailiff' cause remains lodged as an object of the attachment instead of things themselves. In this case, the amount had to be increased two-tenths.

GOODS MAY BE FREED
from attachment with a specific order of the court when the debtor has requested a change to property or claims seized a sum of money equal to the amount due including interest, costs and implementation costs. The debtor must, in this regard, deposit a specific instance-that-conversion at the Court, together with a sum not less than one fifth of the amount due. The judge decides the amount of the sum can be replaced and 'establish, where things are made up of foreclosed real estate and using it justified, that the latter with monthly installments within a maximum period of eighteen months. In this case, the amount will be 'increased, of course, the interest rate (conventional or legal).
If the debtor, in all cases, omit or delay payment of more than 15 days from the expiry of the sums paid are part of the goods seized and the court at the request of the creditor, have without delay the sale of the same.
Goods are free from seizure by the order in which the court accepts the substitution. Those properties are released by paying the entire amount.


the seizure loses effectiveness when they are ninety days without a requested assignment or sale. In this case, where the measure is aimed to immovable property, the court shall issue an order la quale dispone che siano cancellate le trascrizioni precedentemente fatte sui registri immobiliari.

IL PIGNORAMENTO "ESATTORIALE"
Se non si paga una cartella esattoriale entro 60 giorni dalla sua notifica l'agente della riscossione puo' mettere in atto le procedure esecutive che ritiene piu' opportune al fine di riscuotere il dovuto. Si va dal fermo amministrativo dell'auto all'iscrizione di ipoteca sulla casa, fino ad arrivare all'espropriazione forzata (pignoramento e vendita coatta) dei beni immobili e mobili del debitore e dei suoi coobbligati.

Le regole sono quelle generiche previste dal codice di procedura civile gia' viste in questa scheda, a cui vanno aggiunge quelle piu' specifiche contenute negli articoli dal 49 al 76 del d.p.r.602/73.
Sono quindi pignorabili i beni mobili presso il debitore, le cose del debitore presso terzi, i crediti del debitore presso terzi (comprendenti, oltre agli stipendi nel limite gia' detto in questa scheda, i fitti e le pigioni dovute da terzi, le somme disponibili sul conto corrente, etc.), beni immobili e diritti reali immobiliari (usufrutto, nuda proprieta'), e rimangono valide le regole relative all'impignorabilita'.
Cambiano un po', semmai, le procedure.

Il pignoramento, in questo caso
- non puo' aver luogo prima che siano decorsi 60 giorni dalla notifica della cartella esattoriale;
- puo' essere messo in atto -sui beni immobili- solo per debiti complessivi superiori to 8,000 €.
- if the amounts entered in the register are less than 5% of the value of the collection agent must first registration of a mortgage and can 'proceed with foreclosure after only six months, of course, if the debt remains unpaid.
- in case the attachment is put in place one year after notification of the tax notice must be notification of a notice containing the notice to pay within 5 days. This notice loses its effectiveness if the attachment does not follow within 180 days of its notification.
- becomes ineffective if they spend 120 days of its execution without having done the first spell (forced sale by auction).

Important Note: With regard to the attachment
escrow procedure "tax collection" has some significant differences from the generic, already 'so called, governed by the Code of Civil Procedure. The law provides that in such cases, the third defendant, upon notification of an act by which it is made aware of the proceedings is invited to pay directly to the dealer due to the numbers registered as debtor, within 15 days of notification of attachment, to the extent of credit for which you shall (a dpr602/73 art.72).
can prepare and serve the document, and that even employees of the collection agent not licensed in the function of "collecting officer" (novelty 'introduced by the 2008 Budget art.1 Sections 141/142).
also interesting to observe that the first point (possibility 'for the dealer to the third oridnare debtor to pay the sums due to the person listed on the rolls) and' spoke to the Constitutional Court (Order 393/2008) said that the regulator 'constitutional the procedure and the absence of a significant disparity 'between different types of debtors.

card connected: the recovery notice:
http://www.aduc.it/dyn/sosonline/schedapratica/sche_mostra.php?Scheda=210370

HOW TO DENY
After initiating foreclosure proceedings relating to disputes the creditor's right to proceed, the breach of procedure and piignorabilita 'goods may be brought to court enforcement. This' by a lawyer and pursuant to art. 615 of the Code of Civil Procedure.

In the case of procedure "tax collection" you can 'act as above only in case of disputes concerning the pignorabilita' property.

Matter 'very complex, and it' so good to contact a lawyer at an early stage evaluation.

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INSIDIA ROAD - pits and manholes, damages and Public Administration.

E 'often happened to motorcyclists and pedestrians to injury from a fall due to potholes and manholes on the road or pavement serviceable entrusted to the municipalities often leaves to be desired. Who is liable for damages in these cases of so-called road danger and opportunity you have to be compensated?

First we must point out that the government is not liable if the event took place in a private road. In responding to the highway concessionaire of the service required in the maintenance confronti dell'utente che con il passaggio al casello ed il pagamento del pedaggio conclude un vero e proprio contratto con il concessionario.

Per il risarcimento di questi danni, sia fisici che materiali, trovano applicazione gli articoli del codice civile: il 2043 " risarcimento per fatto illecito " e il 2051 " danno da cosa in custodia ".

La Cassazione civile , tra le tante, suggerisco di leggere le sentenze della III sezione n. 15383 del 2006 e la recente n. 390 del 2008 , ritiene che la responsabilità dell'ente proprietario della strada ha carattere oggettivo e per la sua sussistenza is sufficient causal link between the thing in custody, such as road, and the damage done to the person, such as the pedestrian who slips on ice, without giving importance to the conduct of the guardian, the Municipality, and the fulfillment of an obligation supervision. Only if the accident occurs, such as oil on the road lost a few minutes before a bus rider and that because of this fall shortly after, the responsibility of the owner of the road is not included.

The accident is unforeseeable and unavoidable external event, which can also be set up by the fact that one third of the same or damaged.

When Article shall not apply. 2051 provides that "each person is responsible the damage caused by things in his keeping, unless they prove that the accident " practical impossibility for the sake of preserving state property in its entirety, the courts have recourse to Article. 2043" fact any fault or negligence that causes others from harm, requires the person who committed the act to compensate the damage ", to which the public body liable for damages from those assets according to the general rule of neminem laedere and constituted one of its wrongful conduct.

The victim must prove the elements of fact at fault or negligence that caused the damage, the causal link, the harm suffered and the subjective culpability institution owner of the road while the latter has the burden of proving contributory negligence or the pedestrian or the presence of the accident in order to escape from responsibility.

must be established that hidden danger to road users open to the public, the so-called trap or pitfall, characterized, according to the case of a objective element the "invisibility" , and a subjective element, the "unpredictability" . It

the injured prove the existence of two elements, for example, that the hole was hidden by leaves or other debris or the weather conditions that prevented them from visibility and that this pitfall was not foreseeable to him. The fall due to a hole created by a number of days on the sidewalk that runs regularly to and from work would not have the requirement of unpredictability.

The injured party in the use of the property owned by the State should have used ordinary care without contributing to the occurrence of a damaging event, such as when the driver of a moped ruined land for a sewer, with the time embedded in the pavement, which circulated in the late evening without headlights could constitute a common responsibility.

Based on experience to those who would suggest run into these misadventures to request the immediate intervention of the municipal police, traffic police or the police on the spot and point out the road conditions and report that the immediacy of the existence of the pit or manhole constituting the trap or pitfall , if possible shoot some photos of the places before they are restored by the City and / or companies responsible for the maintenance and guard of witnesses who have attended the event harmful. These precautions will be able to take greater chances of success with the procedure for compensation for damages against the government's start with the formal request for compensation by registered letter enclosing just available copy of the minutes of the particulars.

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April 15, 2009 - Special Meeting of Members

MEMBERS OF THE EXTRAORDINARY

E 'convened at the hall the Library of the Bar of Bari, the extraordinary general meeting of the members on 15 April 2009 at 7:30 am on first call and second call at 9:30 am, to discuss and vote on the following:



AGENDA 1. Communication in order to ANF Congress which was held in Naples from 19 to 22.3.2009
2. National Councillors election
3. Any other

Bari, March 30, 2009



The Board may exercise the voting rights for the election of National Councillors dell'ANF all union members in good standing with the payment of fees.

The vote is secret and is expressed by a number of cards containing names of no more than 2 / 3 of the eligible.

E' data facoltà a ciascun socio eleggibile, in regola con il pagamento delle quote sociali, di presentare la propria candidatura per iscritto, depositandola in segreteria entro il 14.4.09 ore 13.00.

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Sono incuriosito dalla sua candidatura come primo cittadino. Anche perchè non è agevole farsi largo tra l'esuberanza di Michelone Emiliano e le assetate truppe di Simeone di Cagno Abbrescia. Appuntamento at his studio in via Putignani, in a building early twentieth century. 15.30 hours and is already at work: a colleague is receiving. In the meantime I note that the study, with his books encased in high-libraries Louis Philippe style, exudes a well-known tradition of legal Ages. And I think the great tradition of lawyers who took the reins of the Municipality of Bari. Staying at the Republican memory PETER LEONIDAS LaForge (1993), DALFIN HENRY (1990-1991), VERNOLE NICHOLAS (1970-1976), Gennaro TROSORIO LIUZZI (1964-1979), PAPAL JOSEPH (1959-1960), VITO ANTONIO Bitch ( 1946-1952).
Finally the door opens and it appears that Don Mario receives me with his usual engaging smile.
D. Russian Lawyer Frattasi I should allow some provocative question, otherwise there is no taste.
R. Yes there are problems.
D. Well. A friend of mine told me that in the fabulous seventies, in full political and ideological struggle, you were the defender of his companions, those in the garden (as in the past used to be called Piazza Umberto), who gets into trouble. So, in short, she said was not a communist?
R. Yes I have been writing to the PCI until I defended Tony Negri following the revolt of the Trani prison. And I was always left. My education and cultural policy has been marked by the attendance of Don Ciccio Muciaccia (Nicky's father, a lawyer and current president rifondarolo the District Madonnella, ed), founder of the Democratic Solidarity, whose group later joined Peter Leonidas Laforgia.
D. So the defense of Tony Negri problem created between you and the PCI?
R. E 'success that the federation of the Communist Party begged me not to register because more along the lines of the firm, which admitted no compromise with the extreme fringes of the extra-parliamentary, PCI did not accept that as a declared communist ideologue could defend me the Red Brigades. I do not think it was just suffer this interference in my professional life and also defended Tony Negri, but as a result walked away from the party or maybe it's better to say that the party I walked away. I remember that in those days I called an officer of PCI who told me I had done well not to be conditioned and that in any case, communism would have gone ahead even without the Communists.
D. From PCI Casini is still quite a jump!
R. Certainly it was not easy to say yes to casino. However, in this political landscape in which the ideologies have failed and there was only running to the ruthless and power chairs the political project of national Casini design becomes a very serious and ambitious.
D. And at the city level what are your options?
aims to become one of the administrators of the city because Bari has a cultural deficit that must be absolutely filled. It is unthinkable that a reality as the only tank that Bari has the cultural dialect theater, which also has its value but that alone is clearly inadequate. It is unthinkable that the University of Bari has fallen so low, although to be honest I admire much the rector Petrocelli is undoubtedly an innovator.
And then there's another major unresolved issue is the occupation. We must create new jobs. I have the impression that the business community in recent years, rather than being helped, it was braking.
My other goal is the young people with whom we need to focus on two fundamental principles: information, understood as transparency, participation and for which I am committed to assume the role of political guidance.
D. Petruzzelli question. From Communist repentant should share the content of the basis of which after reconstruction at the expense of our property we have to pay a higher rent?
I will not go into the merits of these controversies. As I said, I am interested in the cultural growth of the city, the opportunity for young people to rise thanks to the tanks as cultural Petruzzelli.
D. Punta Perotti. What would be an acceptable proposal for Matarrese, however, that at this time do not intend to sit at a table with Emily?
One thing is certain: pay us. The State will retaliate against the City of Bari My proposal is that instead of the park would see a big stage for the marina, services, facilities for receiving and hotels, restaurants and all that is needed to make a di Bari friendly city, not only for those who live there but also for those coming from outside.
D. Savinuccio has just returned and while Japigia is party, is already warning. In any case, with or without Palmer, the criminal organizations mainly due to the drug trade have become very rich and powerful enough to be able to buy with the money laundering many businesses. Even as a criminal lawyer do you think?
I think that there is no need repression. I think that you have no seizures or confiscations. Instead the focus more on prevention, giving young people the chance to work, asking parents to self-education and to engage more in control of their children.
D. Transform the Margherita in casinos?
R. Absolutely not because it would feed it to the underworld. This structure could be a place of cultural renaissance for the city.
D. Judicial Building. Citadel or Archipelago of justice, which would you prefer?
R. For me the important thing is the aggregation of the courts, regardless of where they should be made and those who must implement. It 'clear that intervention of this magnitude is a great opportunity for economic growth for local businesses and entry into employment for young people.
D. Who take away the votes: in or Emiliano Simeone Di Cagno Abbrescia?
R. For both, I hope (Don Mario smiles mischievously ed.) Francesco Maione

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PRIVACY - Computer and delete personal data

With time and technology progresses we all have replaced the old personal computers and notebooks with others by better performance. It 'appeared necessary to get rid of the previous computer but also of old floppy, CD-ROM, DVD and pendrive.

As for the recycling of PCs are on second to force the WEEE, the European Directives 2002/96/EC and 2003/108/EC and Leg. 151/2005, relating to manufacturers, importers and retailers own brand of equipment Electrical and Electronic Equipment (EEE) become responsible for managing the products that distribute and sell the end use. On new units is to carry the symbol as to warn the consumer not to throw them away after use but returned to the dealer who is required to withdraw.

needed, however to attention to the elimination of personal data contained hardware and media that we use regularly, eg. date and place of birth, bank account numbers, medical data, etc.. relevance of our or third parties such as customers or suppliers, as determined by Leg. 196/2003, which sanctions administrative and criminal penalties have been increased recently from the cd DL 207/2008. milleproroghe decree.

In technical terms I refer to the so-called e-waste and secure deletion affects all those who use PCs and not only professionals but also ordinary citizens and companies which may also make known their sensitive data to attackers as example, those who seek to steal personal information with the now famous mail asking to promote the transfer of fabulous sums from African countries promised substantial rewards.

The Guarantor for the protection of personal data spoke about it with a decision of 13 October 2008 and a card Information published on the corporate website on December 12 last year.

In summary stated that all officers should ensure that erasure of personal data contained in PCs and other supports to keep them before you discard it and the site http://www.garanteprivacy.it/ was published a handbook for secure deletion of data.

According to the Guarantor required the physical destruction to the CD-ROM and DVD-R, it is suggested the use of "wiping program - cleaning programs" or " file shredder - destroyers tab, that make writing repeatedly in the blank areas of the hard disk random sequences of binary digits to prevent retrieval of information by electronic means of data recovery. Then there is the formatting "low level" and demagnetization allowing quick erase of the information.

For professionals and companies is good practice to save the files on portable storage devices, DVD and CD-ROM, which occupy a small space, keeping them in a safe place for at least a decade archiving practices.

It is not unlikely in fact having to need to dig up old practices which occurred after several years or having to revise for finding value for new tasks or procedures to treat.

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LATEST FROM SHORT - Tax - If the consultant managing the customer does not pay the tax.

If the consultant has not paid the amount due for a tribute by his client, the taxpayer who has given a mandate to provide for the payment is not punishable if the consultant has been convicted in the Judgement penalty. The complaint followed by the taxpayer costs and the consultant who failed to pay the sums received to the Treasury gives rise to the cause of non-punishment under Article. 6, paragraph 3 of Legislative Decree No 472/97, Decree on tax penalties.
The taxpayer must not only pursue the prosecution prove that the consultant but giving him the task of making the payment and delivery of the necessary amount. The Supreme Court reaffirmed this principle with a recent decision ( Cass. Sect. Tax, n.884 of January 15, 2009).
The judges observed that the cause of criminality is not working in favor of the taxpayer if it is " proven by documents that non-payment of the tax is due to the fault of the third, charged, found and punished by the judiciary ."

is therefore not sufficient that the taxpayer who has been challenged by the tax non-payment of the tax claims to have reported the consultant but you must try to delegate it and handed him the sum required for payment and that the proceedings in a criminal court will end con la condanna del delegato.

L'insegnamento pratico che se ne trae è quello di provvedere direttamente al pagamento dei tributi o, qualora non sia possibile, agire con accortezza nel delegare a terzi tale incombente.
I lettori possono inviare alla mail studiolegaledevaleri@gmail.com ogni quesito relativo a situazioni analoghe e a controversie tributarie in corso presso le Commissioni tributarie.

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ASSEMBLEA STRAORDINARIA DEGLI ISCRITTI

LAWYERS REVIEW OF EXTRAORDINARY GENERAL MEETING OF MEMBERS BARI



E 'convened at the Library of the Bar Council of Lawyers

Bari, the extraordinary general meeting of members for days

February 25, 2009 at 7:00 am on first call and
February 26, 2009 at 10:00 am

second call to discuss and vote on the following agenda:


1. Communication in order to ANF Congress to be held in Naples from 19 to 22 March 2009
2. Election of delegates to the Congress ANF
3. Any other

Bari, February 9, 2009

Lawyers Syndicate in Bari
The Board of Directors


may exercise the voting rights for the election of delegates to the Congress to be held in Naples dell'ANF all union members in good standing with the payment of annual fees.
The vote, secret, is expressed on a number of cards containing names of not more than

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STALKING - persecution by the former. The decree converted into Law 38 of April 23, 2009.

Lo " stalking", il reato di atti persecutori introdotto con l'art. 612 bis del codice penale, è entrato nel nostro corpus giuridico con il decreto legge 23 febbraio 2009 No 11 converted into Law No 23 April 2009 38. Those who engage in repeated acts of persecution or threat against the same person may be punished with imprisonment of up to four years. The penalty can be up to six years in case of persecution come from the former spouse, cohabitant or former boyfriend and the victim is a pregnant woman and the fact the author is a recidivist.
But what exactly is meant when one speaks of " stalking"?
The term "stalking " from the English verb "to stalk " make a post, track down the intended victim, persecuted are ", it indicates a range of behavior of persecutors one individual to another person, often of the opposite sex, which is caused in a state of anxiety and fear. The behaviors are reflected both persecutors with repeated attempts at communication, both verbal and written with a victim by stalking and intrusion into his private life. The "stalker " or author of persecution is often a friend, colleague or a former partner of the victim who wants to start a love affair interrupted. Sometimes it may even be a stranger who wants to avenge an alleged wrongs they have suffered. Attitudes are typical, as well as the stalking, the victim of sending letters, emails, sms or obscene telephone calls.
All through a crescendo of threats may escalate into physical attacks until injuring or killing as happened a few times in Italy at the expense of young women persecuted by their former comrades arrived to reduce them dying or killing them.
In the new Penal Code offense entitled " persecution" was inserted as Article 612 bis of the crimes against individual freedom and, in particular, in the third section on "crimes against the moral freedom " after art . 612, which punishes " threat."
E 'provided the penalty of imprisonment from six months to four years for those who will be in repeated acts of harassment or threats in time to provide a suitable constant state of anxiety or fear in the victim or giving rise to a well-founded fear for their incolunità or relative. Among the aggravating circumstances the use of arms by the "stalker . The offense is punishable on complaint but if the victim is a minor or a disabled person or the harasser is a warning before the prosecution is in office. The warning is an important preventive function in the new case to prevent the acts of harassment degenerate.
Before submitting the complaint the victim may ask the Quaestor a warning to the harasser. After proper investigation into the validity of the notice of the offense " stalker" will receive an oral warning or will be called for respect for law and to end the persecution. If
persecution occur again, the Public Prosecutor may proceed ex officio.
The court will then order the alleged offender not to approach the places where the victim lives and have no communication or contact with this and their relatives.