p. those that are formed outside of the halls of justice
It is a necessary condition because if one is deprived of such a document, you may not access the proceedings
It is a sufficient condition because you just be in possession of a title between those identified by the code of civil procedure to begin to take advantage of the above procedure.
Title executive existing at the time at which it begins to run shall not be less during its course.
It is, in fact, at the same time declares the existence of a right of credit in the hands of one person (the creditor) and is the test.
Because of these intrinsic characteristics of the executive title, the law founded on it, the operation of the enforcement procedure to satisfy the right which the debtor has voluntarily fulfilled. it is clear in predicting, paragraph, that the forced execution can take place only in virtue of an executive title that has such a right in certain, liquid and due. The certainty of the law is when it is clear in its content and in its limits, and it is not controversial in its existence. The term liquidity of the right is, instead, a reference to the fact that the credit is consisting of an amount determined or determinable through a simple mathematical calculation applied to the data contained in the same title or derivable from the laws or other measures. Finally, the law is enforceable when it is not (or no longer) subject to terms or conditions of any kind: if a time were present terms, these should be expired if there were conditions, these must have been. Paragraph two of article c. specify what are the documents and acts that the law defines executive titles. From the analysis of this provision it is clear that enforcement can be distinguished in two different categories: the judicial and the securities out of court. In detail, are enforceable titles judicial as those referred to in number one of the said subsection, namely the judgments, orders and other acts to which the law attributes expressly enforceable. You think, then, judgments of condemnation passed in the judged, the judgments of first instance provisionally enforceable, to the minutes of the court or out of court, the injunctions are not opposed or are declared temporarily enforceable, the ordinances of the payment of any amounts to licenses and to the evictions that are validated and so forth. Enforcement out-of-court, instead, those mentioned in numbers two and three of paragraph two of article c. Referring in detail to the scriptures, private authenticated with regard to the obligations of the sums of money hereunder, the bills of exchange and other credit securities to which the law attributes expressly to the effectiveness of the executive title (as is the case, for example, for checks). They still belong to this category, the documents received by a notary public or other public official that is authorized by law to receive them (such as, for example, bad debt). To this list finally, we must add the decisions of the institutions of the European Union and the european enforcement orders governed by Regulation (EU) no. In each case, the creditor who is in possession of an executive title which can use them to trigger a procedure of compulsory execution only after the title itself has been fitted with formula executive pursuant to art. In practice, it is said that the title is shipped in the form of the executive when the court clerk, the notary public or official shall affix on the original or an authentic copy of the title to the following formula: 'we Command all the officers who are required, and to any person concerned, to put in execution this title, and to the public ministry to give assistance, and to all officers of the public force to compete for it, when he are legally required'. The shipment in the form of the executive, however, may be only to the party in favour of which the decision was given or the obligation stipulated or his successors. It should be noted that not always enforceable titles need to be enforceable to be able to be placed in support of a writ of execution. This formula, in fact, not must be affixed on the bills, on private documents authenticated or on other debt securities. The executive force of the above-mentioned titles, in fact, is intrinsic in that the lender owns them in the original. This is more than enough reason to make unnecessary the apposition of the formula. The code of the rite, anxious to explain, article, that the same part can not be sent more than one copy in the form of the executive.
The more copies are required, with a request to propose to the head of the office, in the case of a decision, or to the president of the court in whose district the act was formed, in the other cases.
In general, the enforcement order against a deceased person is also valid against his heirs. However, the precept can be notified to them only after they are within ten days from the notification of the title. In the notification, within one year from the death, may be made to the heirs collectively and impersonalmente in the last domicile of the deceased. This last circumstance shall be place with the annotation in a footnote or in the margin of the title or by a separate deed united for the title.
