Informative Note

The "New" Civil Procedure Code

02/07/2013

The essential aims of the new Code are to i) strengthen the powers of the judge in terms of flexibility, appropriateness in form and effective management of the case with a view to achieving the proper and fair conduct of the proceedings, ii) allow the judge stricter control over compliance with deadlines (in the absence of special provision, 10 days), iii) introduce measures to simplify procedure and strengthen the ability to defend against the use of delaying actions, iv) reformulate the procedure for ordinary declaratory proceedings, v) strengthen the principle of the concentration of the process or appeal on the same judge, vi) create a new concept: the ‘prior hearing’, vii) change the status of the enforcement agent and increase the powers of the enforcement judge and viii) bring greater simplicity and speed to enforcement proceedings.

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