19 September 2023

Cespec: The Cartabia reform for real estate executions

The XVI Edition of Cespec – Executive and Insolvency Procedures Study Center dedicated to judges of Real Estate Executions will take place from 22nd to 24th September in the exclusive location of the island of San Servolo. Gobid Group is among the main sponsors of the event.

What’s new in the Cartabia reform? This will be discussed in the three days dedicated to Insolvency Procedures.

FRIDAY 22 SEPTEMBER:

  • 15:00 – 16.30: “The choice of the custodian and the delegated professional in light of the art. 179 ter c.p.c. The organization of the Office in the choice of auxiliaries with a view to the efficiency envisaged by the Cartabia Reform. The new tasks of the caretaker: compared practices. The new delegation pursuant to art. 569 c.p.c.: the models prepared by the Offices.”. Coordinates Elmelinda Mercurio (Court of Santa Maria Capua Vetere) and discuss it Francesco Vigorito (President of the Court of Civitavecchia), Laura De Simone (President of the Bergamo Court Section) and Cristina Tabacchi (Court of Genoa).
  • 16.30 – 18:00: “The new list of professionals pursuant to art. 179 ter c.p.c. disp. att. First experiences of the committees at the Courts: establishment, composition, organisation, tasks, relationships with insolvency procedures.” Coordinator Emmanuele Agostini (Crotone Court). Speakers will be Francesca Bortolotti (President of the Court of Bolzano), Bianca Ferramosca (President of the Section of the Court of Rome) and Alessandro Auletta (Court of North Naples).

SATURDAY 23 SEPTEMBER:

  • 09.30 – 11.00: “The estimate report and the uniform models prepared by the G.E. The tasks of the expert and his relationship with the custodian. The content of the report. The critical issues relevant to the G.E.” The debate is coordinated by Maria Ludovica Russo (Court of Naples), with interventions by Alberto Crivelli (Court of Cassation), Attilio Burti (Court of Verona) and Chiara Cutolo (Court of Bari).
  • 11.00 – 12.30: “Focus on the practical implications of Cass. SS.UU. no. 9479-2023. The executive title and preliminary checks delegated to the G.E. on “suspicious” clauses, the possible outcomes of the enforcement proceedings.” Coordinator: Anna Maria Soldi (General Prosecutor’s Office at the Court of Cassation). Antonio Carratta (Full Professor of Civil Procedure Law at the Roma Tre University), Ilaria Gentile (Court of Milan) and Valerio Colandrea (Court of Naples) will speak on the topic.
  • 3.00pm – 5.30pm: “Control over the enforcement title. Judicial and extrajudicial executive titles issued upon separation and dissolution of the civil effects of marriage: old and new hypotheses. Object, intertemporal relationships, modifying and/or extinct events (agreements between the parties; compensation; change in the status of the offspring). The news of the Cartabia reform.” Miriam Iappelli (Court of Rome) will coordinate the discussion. Speakers Franco De Stefano (President of the Section of the Court of Cassation), Mariadomenica Marchese (Court of Appeal of Potenza) and Marcella Frangipani (Court of Pavia).

SUNDAY, SEPTEMBER 24:

  • 09:00 – 12:00: “Forced execution and new insolvency procedures provided for by the Crisis Code. Interferences between individual enforcement process and insolvency procedures. The so-called procedure major (judicial liquidation) and those so-called minors (over-indebtedness). the privilege of the land creditor.” Coordinated by Caterina Giovanetti (Court of Monza). Speakers Francesco De Santis (Full Professor of Dir. Proc. Civil at the University of Salerno), Raffaele Rossi (Court of Cassation), Elisa Tosi (Court of Busto Arsizio) e Rinaldo d’Alonzo (Court of Larino).

Download the program in detail here.

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