Il terzo nel processo esecutivo. Profili di tutela

It may happen that the execution process will be "involved" in various capacities, third parties with respect to the creditor and the debtor enforceable. In general, it refers to all those people not having the status of a party. As will be thoroughly analyzed in later discussion, the third, at times, is affected by the execution process in an unlawful manner, while in other cases its involvement is governed by the same code of ritual. The purpose of this doctoral thesis will be to the analysis of the procedural position of those third parties, and verification of the existence of protection mechanisms. Advance that you will refer exclusively to those patients is unrelated to the relationship of substance referred to enforcement, both at the executive process. Summarizes briefly the plan of this investigation, three sets of issues will be addressed. First, you must define the concept of a third party to the execution process. This is an analysis that will require to address two issues at the outset: that the application be heard in the executive and the executive process. The identification of the third component is, in fact, to develop the concept of a party, and as a result of an application for the enforcement process. Then framing this process as part of the parties, deserves to be addressed the correlative problem of the principle of adversarial enforcement process. A search of this kind can not dispense with specific reference to the concept of a party, which came in the process of developing knowledge in order to transfer the conclusions reached in such a place in the executive process. Secondly, once defined the concept of the third, followed by a section identifying the various third parties which are relevant in the execution process, through an analysis of case law and doctrinal elaboration on that point. Will follow and will close an investigation of the analysis tool of the opposition of the third implementation of Article. 619 CPC, as a tool, par excellence, the protection available to the third.