The garnishee order or attachment of debts order is under the execution or enforcement of the judgment process as a final phase of the operation which started with the attachment of debts process. The nature and process of such an order lies in between both procedural and substantive law. The goal of this research is making a systematic reconstruction of garnishee proceedings: a procedure which states that a judgment creditor can recover the amount of the judgment debt from the owner of the judgment debtor s money. The concept of the attachment of debts order appears in our system as a legal means that more effectively allows creditors to achieve satisfaction of their rights. It has initially been considered the historical background and context of the garnishee order. Upon this contextual basis, the nature, function and effects of the order in general are examined more closely. The core part of this work analyzes in detail the garnishee order according to four distinct profiles. The attachment of debts is studied from the object of garnishee order point of view, according to specific aspects concerning the measure effects, with a particular emphasis on the dynamics of the relationship between actors involved in the procedure (judgment creditor; judgment debtor; garnishee). In order to identify the scope of the institute, a strong effort was made in conducting a research on specific practices. It has finally been established the fundamental features of the garnishee proceedings discipline.
|Citazione:||(2008). L'assegnazione forzata dei crediti. (Tesi di dottorato, Università degli Studi di Milano-Bicocca, 2008).|
|Titolo:||L'assegnazione forzata dei crediti|
|Autori interni:||BATTAGLIA, GIUSEPPE|
|Data di pubblicazione:||19-feb-2008|
|Corso di dottorato:||Diritto processuale civile|
|Nome editore:||Università degli Studi di Milano-Bicocca|
|Appare nelle tipologie:||09 - Tesi di dottorato|