Text Of The Decree-Law Of 11 March 2002, N. 28 (Official Gazette General -Series - N. 60 Of 12 March 2002), Coordinated With The Law-Converting May 10, 2002, N. 91 (In This Same Gazzettaufficiale To P. 8) Entitled: "changes All'articol ...

Original Language Title: Testo del decreto-legge 11 marzo 2002, n. 28 (in Gazzetta Ufficiale -serie generale - n. 60 del 12 marzo 2002), coordinato con la legge diconversione 10 maggio 2002, n. 91 (in questa stessa GazzettaUfficiale alla pag. 8) recante: "Modifiche all'articol...

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Note: The consolidated text published here 'was drawn up by the Ministry of Justice pursuant to Art. 11, paragraph 1, of the consolidated law on the promulgation of laws, the decrees of the President of the Republic and the official publications of the Italian Republic, approved by Presidential Decree 28 December 1985, n. 1092, as well as' art. 10, paragraphs 2 and 3 of the consolidated text, with the sole purpose of facilitating the reading of both the provisions of the decree-law, integrated with the changes made by the conversion law, which of those modified or referred to in the decree, transcribed in the notes. Remain unchanged the value and effectiveness of the legislative acts listed here. Changes made by the conversion law are printed with italic characters. Such modifications to the terminal are among the signs ((...)) Under Article. 15, paragraph 5, of the law 23 August 1988, n. 400 (Discipline of the attivita 'of government and order of the Prime Minister's Office), the amendments made by the Conversion Law shall take effect from the day following that of its publication. Art. 1. Amendments to Article 9 of Law 23 December 1999 n. 488, and Table 1 ((01. Paragraph 1 of Article 9 of Law 23 December 1999 n. 488, and 'replaced by the following: "1. In all acts and measures of civil proceedings, criminal and administrative and concerning tavolare, including bankruptcy proceedings and non-contentious proceedings, including those prior to them necessary or functional, no stamp duties apply, the tax registration on, the court fees as well as' the call rights because the bailiff. the copies, including executive, of acts and measures referred to in this paragraph required by the parties to the proceedings are considered exempt from stamp duty. the registry fees shall not apply to non-judicial proceedings. ")) 1. Paragraph 3 of Article 9 of Law 23 December 1999 n. 488, and 'replaced by the following: "3. The side which first enters an appearance, or who files the originating application or, in enforcement proceedings, which makes application for assignment or sale of the seized assets and' held at 'anticipation of the payment of the fee referred to in paragraph 2. the part that modifies the request or propose a counterclaim or formulate joinder or pursues autonomous intervention, which may lead to the increase in the value of the case, and' required to make an express declaration and proceed according to the relevant supplemental payment amounts and the amounts shown in table 1 attached to ((the present law.. ")) ((2. in paragraph 4 of Article 9 of law 23 December 1999 n. 488, the second period , after the words "for payment", the following are inserted: "even on a provisional basis," and, in the end, the words are added: "and it 'booked in due to be recovered against the party liable to pay compensation of the damage. ")) 3. In paragraph 5 of Article 9 of the Law of 23 December 1999, n. 488, the following words: "or the act of obligation. In the event of changes in demand that increases the value, the part and 'required to make an express declaration and examine the relevant supplemental payment, according to the amounts and values ​​are suppressed indicated in table 1 attached to this law. if fail to do so, the court shall declare the admissibility 'demand. ((at the end of the same paragraph 5 shall be added the following periods: "this declaration will be made ​​even if the part and' admitted to the reservation in debt. in the case of an exemption, the reason must be stated in the declaration. in the event that lacks the statement about the value of the procedure, because it is assumed the value of the paragraph referred to in the echelon of letter g) 1 table 1 attached to this law.. ")) 4. After paragraph 5 of Article 9 of law 23 December 1999 n. 488, and 'inserted as follows:" 5-bis. ((Within thirty days)) from the moment you determine the condition of the payment of the contribution or the integration as defined in paragraph 3, the officer's office, in case of omitted or insufficient payment of the fee, notification to the party's invitation to pay settlement due, as indicated by the comparison between the statement and the corresponding echelon of table 1, specifically warning that in case of non-payment within a month, will proceed 'to recovery by assessments and charge interest at the legal rate. ((The call can 'be sent to the party in the elected domicile or, in the case of failure of such an address, can' be filed with the court office stationery.. ")) 5. paragraph 8 of Article 9 of law 23 December 1999 n. 488, and 'replaced by the following: "8. They are not subject to the contribution referred to in this Article the procedures already 'free, without limits of competence or value, from stamp duty, or any expense, fee or charge of any kind and nature, as well as' the rectification procedures the marital status, the procedures relating tavolare, precautionary measures activated in the course of proceedings ((transferable enforcement proceedings under to EUR 2,500 value)) and processes of competence and jurisdiction regulation. They are not in any case be subject to the fee referred to in this Article the procedures, including the executive, opposition, including protective, on checks for the maintenance for offspring, as well as' those concerning still the same and the procedures provided for in Title II, Chapters I, II, III, IV, and V of Book IV of the code of civil procedure.. "((6. paragraph 11 of Article 9 of law 23 December 1999 n. 488, and 'replaced by the following: "11. the provisions of this Article shall apply from 1 March 2002 to proceedings entered in the register or for which and 'was filed the appeal with effect from the same date. for proceedings already' registered as or for which and 'state filed the appeal as of March 1, 2002, one of the parties may 'avail themselves of the provisions of this article by paying the fees referred to in table 1 attached to this law at the rate of 50 percent. the part that makes use of this right 'makes special statement on the value of the procedure. We shall not be held to refund or to the repetition of the amount paid by way of stamp duty, registration on the tax, registry fees, because of call rights and fixed fee. "6 bis. After paragraph 11 Article 9 of the law of 23 December 1999, n. 488, and 'added the following: "11 bis. Where legislation provides for the payment by special brands for fees collected by the registrars and legal secretariat on behalf of the state, payment and 'made by ordinary stamps. "6-ter. Paragraph 1 of Table 1 attached to the Law of 23 December 1999, no. 488, and 'replaced by the following: "1. For every degree of judgment in civil and administrative court proceedings, subject to Article 9, paragraph 4, to the civil action in a criminal court, the unified tax on the payroll enrollment and 'due in the following amounts: ) nothing and 'due for value processes less than € 1,033; b) EUR 62 for higher-value processes to EUR 1,033 and up to EUR 5,165; c) EUR 155 for higher-value processes to EUR 5,165 and up to EUR 25,823; d) EUR 310 for higher-value processes to € 25,823 and up to € 51,646; e) EUR 414 for higher-value processes to € 51,646 and up to € 258,228; f) EUR 672 for higher-value processes to € 258,228 and up to € 516,457; g) EUR 930 for the higher value to € 516,457. "7. processes After paragraph 3 of Table 1 attached to the law 23 December 1999 n. 488, and 'included the following:" 3 bis. For bankruptcy proceedings, the judgment declaring bankruptcy and the closure 'due to the contribution referred to in subparagraph f) of paragraph 1. "8. Paragraph 4 of Table 1 attached to the law 23 December 1999 n. 488, and' replaced by the following: "4. The contribution due to the special proceedings provided for in Book IV of Title I of the Code of Civil Procedure, including the judgment of opposition to the injunction and the ruling on the winding-up order, and 'reduced to the goal'. For the purposes of the contribution due, the value of the eviction proceedings for morosita 'is determined by the amount of fees not paid to the date of notification of the summons for the validation of processes and the end of lease will be determined according to 'amount of the fee for each year. ")) 9. After the ((comma)) 4 of table 1 attached to the law 23 December 1999 n. 488, and' inserted as follows:" 4-bis. For proceedings of voluntary jurisdiction as well as 'for the special procedures referred to in Book Four, Title II, ((Head)) VI of the Civil Procedure Code, and' due to the contribution it referred to in point b) of ((Comma)) 1 of this table.. "10. After the ((comma)) 5, Table 1, attached to the law 23 December 1999 n. 488, and 'inserted as follows:" 5-bis. For opposition proceedings to the enforcement actions the contribution due and 'equal to € 103.30. The contribution is not 'due for enforcement proceedings for delivery and release.. "11. After the ((comma)) 5-bis 1 of the table annexed to Law 23 December 1999 n. 488, and' inserted as follows:" 5-ter. For proceedings concerning lease, loan, employment without title and appeal of condominium resolutions, the contribution due, and 'equal to € 103.30.. "Further reading: - This is the text of art. 9 and Table 1 of law 23 December 1999 n. 488 [provisions for the preparation of the annual and multiannual state budget. (budget law 2000)], as amended by the law published herewith: (( "Art. 9 (unified contribution to the costs of the proceedings judicial). - 1. to all the acts and regulations of civil, criminal and administrative matters and in tabular, including insolvency and non-contentious proceedings, including those prior to them necessary or functional, no stamp duties apply the registration on fee, the court fees as well as' the cause bailiff called rights. the copies, including the executive, the acts and measures referred to in this paragraph required by the parties to the proceedings is intend to exempt from stamp duty. Registry charges do not apply to non-judicial procedures. )) 2. In civil and administrative court proceedings, including bankruptcy proceedings and voluntary jurisdiction, indicated in paragraph 1, for each degree of judgment, and 'instituted the unified tax for the entry role, according to the amounts and values ​​shown in Table 1 attached to this law. ((3. the side which first enters an appearance, or who files the originating application or, in enforcement proceedings, which makes application for assignment or sale of the seized assets and 'held the payment of anticipation contribution referred to in paragraph 2. the part that modifies the request or propose a counterclaim or formulate joinder or pursues autonomous intervention, which may lead to the increase in the value of the case, and 'required to make an express declaration and examine the relevant supplemental payment according to the amounts and values ​​shown in table 1 attached to this law.)) 4. The civil action in criminal proceedings is not 'subject to the fee referred to in paragraph 2 if the request is only the pronunciation of condemnation general manager. In the event that more than the affirmation of the 'civil responsibility of the person responsible, it is requested to order payment, ((even on a provisional basis,)) of a sum by way of damages, civil party, the contribution referred to in paragraph 2 and 'due, in case the application is accepted, based on the value of the amount incurred in the judgment ((and it' booked in due to be recovered from the party obliged to pay damages.)) 5. The value of the procedures, determined in accordance with Articles 10 and following of the Code of Civil Procedure, must result from a specific statement made ​​expressly in the claims in the application. ((The declaration must be made ​​even if the part and 'admitted the reservation debt. in the case of an exemption, the reason must be stated in the declaration. in the event that lacks the statement about the value of the procedure, because it is assumed the value of which the echelon of point g) of paragraph 1 of table 1 attached in this law. 5-bis. within thirty days from the moment it determines the precondition for the payment of the contribution or the integration as defined in paragraph 3, the officer's office, in case of omitted or insufficient payment of the fee, notification to the party's invitation to the payment of the amount due, which results from the comparison between the statement and the corresponding echelon of Table 1, explicitly warning that in case of non-payment within a month, will proceed 'to the collection by assessments and charge interest at the legal rate. The call can 'be sent to the party in the elected domicile or, in the case of failure of such an address, can' be filed with the court office stationery. )) 6. By decree of the President of the Republic, to be issued pursuant to art. 17, paragraph 2, of the law 23 August 1988, n. 400, proposed by the Minister of Justice, in consultation with the Minister of Finance and the Minister of the Treasury, Budget and Economic Planning, changes to the size of the unified contribution referred to in paragraph 2 and the value indicated in brackets they are approved table 1 attached to this law, taking into account the need 'to adapt to changes in the number, the value, the kind of processes registered in the previous two years. With that decree are altresi 'governed the mode' of payment of the unified tax and mode 'for the extension of telematic links to resales of monopolies which are inside the courthouses. 7. Persons admitted to legal aid or similar forms of patronage of the have-nots are exempted from payment of the fee referred to in this Article. ((8. They are not subject to the contribution referred to in this Article the procedures already 'free, without limits of competence or value, from stamp duty, or any expense, fee or charge of any kind and nature, as well as' proceedings of civil status rectification proceedings relating tavolare, activated precautionary proceedings during the proceedings , securities enforcement proceedings of value less than € 2,500, and the processes of competence and jurisdiction regulation. i am not in any case be subject to the fee referred to in this Article the procedures, including the executive, opposition, including protective, regarding checks for the maintenance for offspring, as well as' those concerning still the same and the procedures provided for in title II, Chapters I, II, III, IV and V of Book IV of the code of civil procedure. )) 9. Are exempt from registration, the minutes of conciliation value not exceeding 100 million lire. ((10. (Subsection repealed by art. 33, para 8 of the Law of 23 December 2000, n. 388). 11. the provisions of this Article shall apply from 1 March 2002 to proceedings under case and for whom and 'was filed the appeal with effect from the same date. for proceedings already' registered as or for which and 'was filed the appeal as of March 1, 2002, one of the parties may 'avail themselves of the provisions of this article by paying the fees referred to in table 1 attached to this law at the rate of 50 percent. the part that makes use of this right' carries special statement on the value of the procedure. shall not be held to refund or to the repetition of the amount paid by way of stamp duty, registration on the tax, registry fees, call rights cause and a fixed fee. 11 bis. Where the legislation provides for the payment by special brands for fees collected by the registrars and legal secretariat on behalf of the state, payment and 'made by ordinary stamps. Table 1 (Art. 9, paragraph 2) 1. For each degree of judgment in civil and administrative court proceedings, notwithstanding Art. 9, paragraph 4, to the civil action in a criminal court, the unified tax for the entry role and 'due in the following amounts: a) nothing, and' due to the processes of value less than € 1,033; b) EUR 62 for higher-value processes to EUR 1,033 and up to EUR 5,165; c) EUR 155 for higher-value processes to EUR 5,165 and up to EUR 25,823; d) EUR 310 for higher-value processes to € 25,823 and up to € 51,646; e) EUR 414 for higher-value processes to € 51,646 and up to € 258,228; f) EUR 672 for higher-value processes to € 258,228 and up to € 516,457; g) EUR 930 for exceeding € 516,457. ") value processes) 2. Administrative processes, when it is not determined the amount of the claim shall be deemed included in the tranche referred to in point d) of paragraph 1 of this table. 3. the indeterminable value processes are considered included in the tranche referred to in point d) of paragraph 1 of this table. in judicial procedures, disputes, the value of which is indeterminable, the exclusive competence of the justice of the peace, the unified tax and 'due to the extent required for the tranche referred to in subparagraph c) of paragraph 1 of this table. ((3-bis. for bankruptcy proceedings, the judgment declaring bankruptcy and the closure 'due to the contribution referred to in subparagraph f) of paragraph 1. 4. the contribution due to the special proceedings provided for in the fourth book, title I, of the code of civil procedure, including the judgment of opposition to injunction and judgment of opposition to the winding-up order, and 'reduced to the goal' . For the purposes of the contribution due, the value of the eviction proceedings for morosita 'is determined by the amount of fees not paid to the date of notification of the summons for the validation of processes and the end of lease will be determined according to 'amount of the fee for each year. 4-bis ". for proceedings of voluntary jurisdiction as well as' for the special procedures referred to in Book IV, title II, Chapter VI of the code of civil procedure, and' due to the contribution given to the letter b) of paragraph 1 of this table. ". )) 5. For proceedings and execution of real estate 'only due to the contributions referred to in subparagraph c) of paragraph 1 of this table. For other enforcement proceedings, the amount of the contribution due, and 'that indicated in the letter c) of paragraph 1 of this table, reduced to the goal'. ((5-bis. For the opposition proceedings to the enforcement actions and the contribution due 'amounted to EUR 103.30. the contribution is not' due for enforcement proceedings for delivery and release. 5-b. for proceedings concerning lease, loan, employment without title and appeal of condominium resolutions, the contribution due and 'equal to € 103.30.)) 6. To issue authentic copies, including by the courts, and 'have a single fixed fee of 10,000 lire for each act, even if composed of more' sheets or more 'pages. "- For your information Chapters I, II, III, IV, V and VI of title II of Book IV of the civil procedure code, dealing respectively: the legal separation of the spouses; interdiction and dell'inabilitazione; provisions relating to the absence and declaration of presumed death; provisions relating to minors, to interdicted and the incapacitated, the property relations between spouses; common provisions to proceedings in private.