It is customary to divide the summary proceedings in two categories: pure monitors and monitors spurious . With the first you indicate those cases where just the mere assertion by the complainant to obtain the relief sought without having to prove the claims . With the latter instead the plaintiff must prove the facts in support of its right ( but always in a summary nature of cognition ) .

In the application for an injunction is the monitory spurious generalized , art. 633 , n . 1 Code of Civil Procedure (written test pursuant to Art. 634 and 635 CCP) and only to the extent provided in art. 633 , n . 2:03 Civil Procedure Code is provided a monitorio pure .

Recently, the Court has stated that " the lawyer 's fee constitutes a unilateral declaration assisted by a presumption of truthfulness , as the inscription of the professional is a guarantee of his personality , so the " posts " or" entries " listed in it , in the absence of specific claims of the customer, can not be disregarded by the court ( court of Cassation, Civ . , Sec . Assembly, 18 June 2010 , n . 14699 ) .

The written test enshrined in n . 1 , art. 633 are:

1 ) the unilateral promises private writing ;

2 ) policies ;

3 ) the telegrams ;

4 ) accounting records in the case of entrepreneurs.

For loans of the State and public bodies is applied the provisions of art . 635 Code of Civil Procedure for which they have sufficient evidence to obtain a court order books and records of the PA ( attested by a notary or other public official ), while for claims arising from non-payment of provident societies and assistance are appropriate evidence the investigations carried out by the Labour Inspectorate and the officials of these institutions.

What is

The formula is used to obtain a conviction of anticipatory protection

Stakeholders

Creditors of a liquid sum of money, a certain quantity of fungible things , by whom is entitled to delivery of a movable

Terms concerning

Within the limitation of the right

Ideas and insights

The appeal and the decree must be reported within 60 days . (90 if abroad ) of the pronunciation of the decree

Penalties for non-compliance

The appeal shall contain the indication of the evidence required by art. 633 Code of Civil Procedure

Who has jurisdiction in the act

Follow the ordinary rules of jurisdiction

Attachment

Source: Il Sole 24 Ore   Click to listen highlighted text! The injunction order is governed by Articles . 633 ff. Code of Civil Procedure You can request an injunction only for particular types of rights and not for everyone and can be obtained by: a) by the creditor of a sum of money liquid , b ) by the creditor of a certain quantity of fungible things , c ) by a person entitled to delivery of a movable determined. It is customary to divide the summary proceedings in two categories: pure monitors and monitors spurious . With the first you indicate those cases where just the mere assertion by the complainant to obtain the relief sought without having to prove the claims . With the latter instead the plaintiff must prove the facts in support of its right ( but always in a summary nature of cognition ) . In the application for an injunction is the monitory spurious generalized , art. 633 , n . 1 Code of Civil Procedure (written test pursuant to Art. 634 and 635 CCP) and only to the extent provided in art. 633 , n . 2:03 Civil Procedure Code is provided a monitorio pure . Recently, the Court has stated that the lawyer s fee constitutes a unilateral declaration assisted by a presumption of truthfulness , as the inscription of the professional is a guarantee of his personality , so the posts or entries listed in it , in the absence of specific claims of the customer, can not be disregarded by the court ( court of Cassation, Civ . , Sec . Assembly, 18 June 2010 , n . 14699 ) .   The written test enshrined in n . 1 , art. 633 are: 1 ) the unilateral promises private writing ; 2 ) policies ; 3 ) the telegrams ; 4 ) accounting records in the case of entrepreneurs.   For loans of the State and public bodies is applied the provisions of art . 635 Code of Civil Procedure for which they have sufficient evidence to obtain a court order books and records of the PA ( attested by a notary or other public official ), while for claims arising from non-payment of provident societies and assistance are appropriate evidence the investigations carried out by the Labour Inspectorate and the officials of these institutions. What is The formula is used to obtain a conviction of anticipatory protection   Stakeholders Creditors of a liquid sum of money, a certain quantity of fungible things , by whom is entitled to delivery of a movable   Terms concerning Within the limitation of the right   Ideas and insights The appeal and the decree must be reported within 60 days . (90 if abroad ) of the pronunciation of the decree   Penalties for non-compliance The appeal shall contain the indication of the evidence required by art. 633 Code of Civil Procedure   Who has jurisdiction in the act Follow the ordinary rules of jurisdiction   Attachment   Source: Il Sole 24 Ore