Enforcement Foreign Judgment in Italy

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Excellent service, definitely recommended. Very good and reliable service!
Rakesh Rathod
Rakesh Rathod
14 Jun 2024

Service Details

Enforcement Foreign Judgment

This service is available across Italy

Who Is This Service For?

The service for the enforcement of a foreign court judgment in Italy is designed for individuals or entities who have received a judicial decision abroad and seek its recognition and execution within the Italian jurisdiction. 

This process is crucial for ensuring that rights established by foreign judgments are respected and enforced in Italy, especially for:

  • Individuals or corporations with a foreign court judgment they wish to enforce in Italy.
  • Those looking for legal assistance in navigating the complexities of international private law.
  • Parties interested in recovering assets, enforcing family law judgments, or implementing business-related decisions made abroad.
Who Is This Service For?

Prerequisites

  • The judgment must be final and non-appealable in its country of origin.
  • It should not contradict any previous judgment issued by an Italian court.
  • The foreign judgment must not be in conflict with Italian public policy.
  • Adequate notification of the original proceedings to the party against whom enforcement is sought, ensuring their right to defend.
Prerequisites

Process: Step by Step

  1. Initial analysis of the foreign judgment to ascertain its compatibility with Italian law requirements and to determine the correct procedure to follow: exaquatur or that it falls under the aegis of EU regulations.
  2. Preparation and submission of the application for recognition to the relevant Italian court.
  3. Representation in any court hearings or proceedings required for the enforcement of the judgment.
  4. Assistance in the actual execution of the judgment, such as asset recovery or implementation of orders.
Process: Step by Step

Benefits to Clients

  • Expertise in both Italian and international private law, ensuring a smooth recognition process.
  • Comprehensive legal support, from initial advice to practical execution of the judgment.
  • Customised approach tailored to the specifics of your case and the nature of the foreign judgment.
Benefits to Clients

Key Components of this Service

  • Guidance on the formal and substantive requirements set by Italian law for foreign judgments.
  • Professional handling of procedural aspects, including filing and litigation.
  • Strategic advice on overcoming potential obstacles to enforcement.

This service is pivotal for those needing to enforce foreign judgments in Italy, offering a streamlined approach to navigate through the legal complexities involved. The legislative framework in Italy, primarily based on Law No. 218/1995 and EU regulations like Regulation No. 1215/2012, emphasises the principle of automatic recognition of foreign judgments, albeit subject to certain conditions regarding jurisdiction, fairness of the proceedings, and compatibility with Italian public order.

Key Components of this Service

Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.

Why choose Advocate Abroad?

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