Disputes On First Conciliator

Original Language Title: Sulle Controversie Innanzi Il Conciliatore

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PROCEDURAL LAW ON DISPUTES BEFORE THE MEDIATOR


10 December 1884 TITLE I.
Of conciliation, the expertise and the procedure in cases before the Conciliator.
Cap. I.
Della Conciliazione.
1.- The tax Prosecutor also performs the functions of Justice of the Peace.
The Conciliator of the functions are:
1) reconcile the civil cases at the request of any written or verbal value of all the parties;
2) adjudicating disputes that Let them be referred to it in the sense of the following Chapter.
2.- If the parties do not voluntarily submit inanza the Conciliator, each having interest may
promote the poem by means of simple memory containing the object of dimanda.
The Conciliator will give notice to the other party with a simple warning, to appear at his hearing in
day and time indicated in the notice.
3. If any of the non-party shall appear on the day and ell'ora established, and is summoned in person, or twice
home, residence or dwelling, does not accept other dimande for
conciliation, except in cases provided for by article 1, No.1.
4.- The persons incapable of binding civilly according to the Statute of the Republic, are not bound by
conciliations, if these are not pprovate competent authority.
5.- Senior woman age can contract obligations ahead the Conciliator, limited to its
estradotali goods, and with the consent of her husband, the case of a married woman.
Do not need the consent of her husband, when he is minor, or incompetent, or sentenced to not
less than one year in prison, or permanently absent, or legally separated.
6. The conciliation may not have to address issues relating to gifts and bequests with as maintenance
, the state of the people and the affairs that affect public order.
7.- Reconciliation will be apparent from the minutes, ch, after reading, will be signed by the parties, by
Conciliator, and the secretary.
The parties who can not write, they affix the sign-cross.
The secretary will mention, in its log, the successful conciliations.
8. In cases which do not exceed the value L.50, the conciliation report will be dictated by the
Conciliator concluded after the poem, and will ottoscritto in accordance with the preceding article.
9. And 'nothing conciliation not signed in accordance with article 7.
10.- The mediator must provide to compose even the cases brought before him by judicial
according to the following chapter.
If conciliation fails, know and judge the case in accordance with law.
11.- The minutes of conciliation in disputes not exceeding L.50 has enforceable
against firmatar; disputes in excess of L.50, or of undetermined value, it has the force of Writing to private
recognized in court.
12.- The Conciliator is assisted by a secretary.
In case of absence or impediment of the Secretary, the Mediator assumes his place in any age
, which has sufficient capacity and is not excluded from the exercise of public office, provided that
an oath to fulfill men of honor and conscience the functions entrusted to him
.
13.- In case of absence or inability of the Conciliator, provides the Regency.
Cap. II.
Of the causes of competence of the Conciliator.
14.- The causes that relate to a value not Ecced nte L.50, will be introduced before the
Tax Attorney.
15.- The reasons set out in the previous article, will not be proposed later the Law Commissioner
, under pain of nullity for lack of diction swore.
16. The value of the case is determined by the statement of claim.
17. - If the plaintiff to demand payment of more 'sums resulting from a cause or separate title,
you will have to calculate each sum separately considered.
When all depend on the same basis of cause, the value is the total debt desumerà gathered
.
18.- To determine jurisdiction as to the causes value, you will never have regarding
fruits, damage and interests that are held pending judgment.
19.- The conciliator should decline jurisdiction in the following cases:
1) whether the facts on which the action is based is challenged as null by intrinsic defects, or lack of extrinsic forms
;
2 °) if the party denies, or declares that it does not recognize the writing or signature, or holding formally
the document as a fake; in this case the judge signs the document, and the
transmits to the Law Commissioner;
3) if the sum is part of a bond or residue exceeding L.50, and arises dispute sull'intiera
obligation;

4th) when the heads of dependent demand of the same title, and total import a sum greater than 50 pounds

20.- The Conciliator knows and judges contemporaneam nte to the main question of the instance in
counterclaim, provided that it is within the limits of competence.
It has faculties in any case to judge separately the main cause of the cause of counterclaim.
21. If the main action is based on act au entico or written, that it comes from the man, against
which proceedings, the judge can keep back the root cause, and Replace battery parties before the authorities
responsible for the decision of the counterclaim.
22.- The plea of ​​incompetence, if the judge believes the unfounded, does not suspend the course of
judgment.
In this case, the Conciliator shall furnish the reasons for their view in the register of judgments, and
transmit copies to the Law Commissioner, who must pronounce on the incident.
The execution of the judgment of the Conciliator is suspended until the Commissioner has not made its
incident.
23.- When the Conciliator is deemed incompetent, he expresses his opinion and return a copy to
Law Commissioner.
It 'suspended during the proceedings, as long as the Law Commissioner has decided the incident.
24.- The address for service in bonds, that indicated in the bills of exchange, promissory notes and
in any writing, to make the payment or c whirling of the thing, it feels like home for real
determine jurisdiction.
25.- forward Conciliator may propose actions also against domiciled or resident outside the territory
when any of the people, which must be agreed upon, is domiciled in the State
.
Cap. III.
Proceedings in the conciliator competence causes.
26.- The causes are introduced in the manner prescribed in Art.
2. The notice to appear containing the object of dimanda will be presented to one request from the
actress.
27.- Foreign, or actors or defendants must allaprima appearance at the hearing
elect domicile in the territory of the Republic.
28.- The parties must verbally state their reasons and exceptions.
29. - E 'in the power of the judge to grant the parties may stand through representatives.
30. - The Conciliator, after hearing the parties in their observations, endeavor to reconcile them in the sense of Art.
10.
If the conciliation fails, after summarily indicated in the minutes of the
mutual deductions, will pronounce the condemnation, or the acquittal as right as right.
31.- If the defendant mentioned in his own person, or mentioned twice not appearance, the court,
actor instance, will issue judgment in terms of reason.
32.- If he appears only at the hearing the defendant, these, in inquiring, must be acquitted, and
get against the plaintiff amends for the damage.
33.- If there be no more 'defendants, some of whom shall appear and other Sieno defaulters, the judge will order that they are cited
defaulters again for another hearing, which will differ in the cause for utter
'interest of all one sentence.
34.- The court may grant one extension to the defendant to respond, or to produce documents
.
35. - Each deferral of case to another hearing, takes the place of summons for the hearing itself.
36. - At agreed that confesses the debt And question an extension, it will be granted for payment
a not greater term of ten days from the day of decorribili confess.
Definitely After expiry of this term effect, the judge, to the actor instance and certainly intimate,
authorizes the Secretary to rilasciar copy embodiment of the minutes containing the confession of
debt.
37. - When any of the parties propose interrogatri, or define the decisive oath, the judge
, certain facts or the formula in the minutes, will order that the other party will respond immediately or
hearing next.
The answers will result from the minutes sottoscri to the respondent, the judge and the
secretary.
38.- The oath must lend himself called party to swear.
39.- When is necessary witness evidence, the judge will assign the day and time for the examination.
40.- The witnesses, if the party does not claim to lead them at the hearing, will be cited also verbally
for the day and the hour set.
41.- When a decider the cause you believe appropriate the knowledge of those who exercise a profession or an art
, takes place the appointment of experts.
In this case, the court spends the day and time in which you will have to perform the act ordered.

42.- In test cases witnesses, expertise or swearing of an oath, the cause means deferred
hearing the same day, which is designed to fulfill these educational acts.
43.- The defendant in default shall be entitled to appear until the publication of the judgment, provided
irrepetibilmente pay the costs of earlier steps.
The judge in this case will assign the hearing to hear the parties together.
44.- The sentences inapellabili: are executable after three days of notification or publication
, if the party there was this.
45.- The judge may authorize the immediate enforcement of judgments when there is fear of
harm in delay.
The authorization is given in order of enforceable
46.- It will be sent by the secretary copies for enforcement of the judgment or of the minutes of
conciliation, in accordance with paragraph dell'Art.36, the part in whose favor the judgment was given or
ended conciliation.
The secretary, and the original and the copy, it must make mention of the party for whose benefit it was done
shipment.
47.- E 'prohibited the secretary to release the stes apart from new copies for enforcement,
senz'autorizzazione the judge.
The authorization may not be allowed, if not contradictory, or in default of the parties regularly mentioned
.
48.- The implementation will be done by only means of attachment of movable property, or by seizure executive
, that is, with the attachment of debts, or effects at third.
49.- they can not be seized:
1) gl'istromenti strictly necessary to the exercise of the profession or the debtor;
2nd) tools absolutely necessary to agriculture;
3) the necessar beds, and the garments of necessary use of the debtor and his family;
4th) the food allowances;
5th) weapons and military uniforms of the people ascribed to the militia.
50.- can also be oppignorati items mentioned in # 1 and 2 of the previous article
if the claim arises from feed given to the debtor, from the thick of the attendants places housing dl
debtor, or the land they are destined for the tools, or if the claim arises from the price of such
objects, or by the work used to make them or restore them, or money given to pay the price, the construction or
restoration.
51.- A responsibility of the instant, the court may release the conservatory seizure or provisional
of movable property belonging to the debtor, and the sums due to the same, on which it is allowed
foreclosure. 52.-
. The court may, according to circumstances, impose on the sequestrant, to give bail
certain sum as security for damages, in the event that the seizure is declared unfair.
53.- The seizure is null and void, if the creditor does not establish the cause within a period of three days
.
54.- If the debtor in the five-day period, after the act of seizure, does not pay the debt and
expenses, repossessed furniture will be sold at public auction, which will be performed under the direction and | || responsibilities of the secretary.
55.- The judge ordering the sale will appoint the expert to estimate the items to be sold.
The report will be delivered to the secretary, who will receive the expert's oath.
56.- The cursor by order of the Secretary will post notices in the usual places, at least one day ahead
enchantment.
57.- The court may order the sale even for the same day of the seizure, when
Sieno objects in danger of decay.
In this case the call will be posted in the town or in the Borgo, at least one hour before the enchantment.
58.- The sale will be done by only means of the proclamation of the cursor to the profit of the bidder,
and cash.
59.- anything without sianofatte three proclamations will not be sold with the two
minute interval between each of them: after the third proclamation of the sale is to the benefit of better
bidder.
60.- If the buyer does not pay the price immediately, will be renewed enchantment all its damage:
this damage will be to lower the price for which the item will be sold to another bidder, and
expenses.
61.- If the exhibits remain unsold at auction, the lender can have them awarded to
appraised value.
62.- If the objects unsold Sieno gold, or silver, they will be awarded credit for
only intrinsic value, ie without taking a calculation work.
63.- The Secretary will extend the minutes of v ndita which will also be signed by the parties concerned
, if any, and by the cursor.
The Secretary will deliver the price obtained from the sale to the creditor to the credit
competition and expenses, and the remainder to the debtor.

64.- All acts of the cases before the Conciliator will make on plain paper, including data
foreclosure and sale.
65.- The Secretary shall keep the following records:
1) log to write down alerts mentioned in article 2, the non wentest comparison of parts to sense
article 3, for register mentions of coniliazioni unable, pursuant to the second paragraph of Article 7
;
2nd) record of the minutes of the conciliation process, referred to in article 8 and 10;
3) register of educational verbal, that of witness examination, the oath of experts appointed, d
relations and of any other act of education;
4th) log for the original acts of judgments, foreclosures, degli'incanti and selling acts.
66.- The records referred to in the preceding article, dvono, before being put to use, to be numbered and signed
last sheet in order by the Interior Secretary, subject to the indication of the number of sheets
it contains.
Between the Acts and the other can not leave gaps, and, if need canceled, the Secretary
I will mention at the end of the act, before there affixing the date and subscriptions.
67.- Each completed log, it must be deposited in the Interior Secretariat.
Of such deposit is made, in the beginning of the new register, express statement signed by the Conciliator
and the Interior Secretary.
68.- The records required above shall be on plain paper.
69.- All acts and judgments of the Conciliator are exempt from all taxes. They are also written on paper
free and exempt from the registration fee, the provvedim nti and Court Commissioner
law with respect to jurisdiction in the cases expressed by article 22 and 23.
TITLE II.
Judgments which may be contested by means of an extraordinary review.
70.- The ruling, not accepted by unsuccessful, it may be challenged by the appeal to the Regency for review
:
1) whether it contains infringement or misapplication of the gge;
2) whether he has pronounced on what not demanded, or ccordato more 'of the thing required;
3) whether it is founded on documents awards hereinafter as false;
4th) if after the judgment is found on public or private documents, with which you audition new facts
and decisive.
71.- A party who intends to bring the action, it will make the declaration to the Secretary within thirty days
by the act of execution of the judgment.
The secretary wrote the statement, and return a copy to notify the other party within
next three days.
The secretary shall immediately transmit to the Regency copy of the appeal and of the statement
judged.
72.- The deadline for lodging an appeal is the peremptory also for pupils, minors, interdicts and
moral bodies, whatever the favor or privilege conferred on them by the laws of common law.
73.- The appeals do not have suspensive effect.
74.- If the Regency cancels judged, irretrattabilmente will pronounce on the merits of the case.
Every decision of the Regency, not be subject to further claims.
Charges payable to the Secretary of the Conciliator and the slider; of experts' fees and allowances
to witnesses and parties in cases before the Conciliator.
The Secretary are due the following rights:
1 ° For every minutes of successful conciliation between two or more 'parties (Section 7, 37) L.0,50
2 ° For each carrier judgment decision of the case or declaration of incompetence
(Art.19,22,23,30,32) "0.60
3rd For each copy of records, or records of conciliation processes, or judgment, and for each of 25 lines
page, each of which shall contain not less than 16 syllables (Art. 7,22,23,47,27) "0.15
When the judgment copy, or the process conciliation will report to the embodiment,
including the obligation of the entries in the books, you also have the right in (Art.36,46) .... L.0,25
to the front page fee is payable regardless of the number of written lines, for the last
the law will not be due if the scritturazione does not exceed the number of lines 6. 4 ° For every decree, which
authorizes the immediate execution (Art.45,51) "0.50 5th
To report sworn expert to join the minutes of seizure (Art.55)" 0, 60
6th For training of the call in order to announce to the public sales of real estate (art.56) "0.75
7th For each copy of" 0.20
notice 8th For the record sales (Art.63) "1.00
At Cursor are due the following rights:
9th for each notification for conciliation notices, summons of a party, witnesses and experts, billboards, and
each notice of judgment or other executable act in town, and Piagge Borgo (Art.2,26,40,44,46)
0.15 L.

In any other part of the territory including the round trip "
0.30 10 ° For scritturazione alerts"
0.15 11 ° For each bill of attachment including verbal
( Art.48) "
1.00 12 ° For proclamations and enchantment assistance until the close of the report (Art.58)" 0.75
For expert reports are due the following fees: 13
° If the experts are farmers or craftsmen, the fee will be determined by the conciliator which shall not be less than
cent.50, nor greater than "2.50.
If the experts were surveyors, measurers, or exercised alter liberal arts, law will set in
not less than L 2, or greater than 14 ° L. 4.
the witnesses will not be due any compensation, except in the case of people living with
fruit of the daily work.
the Conciliator may grant them an allowance on lower cent. 50, no greater than L. 2
taking into account their daily wages, and the time it will have spent. || | in the taxation of costs it can be admitted in repetition only the amount of fees agreed
three witnesses.
15 ° The skills to attorneys or agents will be payable by principals.
The Conciliator may allow the parties, or their representatives, for the presence at any hearing
allowance from cent. L. 50 to 4, having regard to the special circumstances that presented, and
conditions of the people, as long as the requesting parties to the allowance resides outside the city, and
Piagge Borgo, and prosecutors or non mandaari residents represent parties in town, and Piagge Borgo.
16th Besides the rights referred to above can not the secretary or the cursor require verun'altra sum
for any act of their competence.