Civil Litigation and
Executive Procedures

Legal Aid assists individuals, companies, banks, institutions and professionals in the management of ordinary civil litigation and enforcement procedures, providing legal representation before jurisdictional and arbitration bodies in highly complex disputes.

The activity is carried out with a rigorous method, strategic vision and attention to the containment of the times and costs of the procedure.

Ordinary and Arbitration Litigation

The Firm represents its clients in proceedings concerning:

• breach of contract and civil liability;
• banking and financial disputes, including derivatives, compound interest, usury and reports to the Central Risk Office;
• litigation in the corporate sphere (challenging resolutions, revocation of directors, liability pursuant to articles 2392-2476 of the Civil Code, parasocial agreements);

• inheritance disputes (challenging wills, action for reduction, inheritance divisions);

• liability actions against directors, mayors and auditors;

• disputes between professionals and clients, between contractors and clients, between lessors and tenants.

Assistance is also provided before arbitration panels, institutional arbitration chambers (e.g. CAM of Milan, ICC of Paris) and ritual or informal arbitrators, with drafting of documents, briefs, defensive notes and management of the evidentiary and enforcement phase of the award.

Defensive Strategy and Procedural Management

The defensive approach is based on:

• careful preliminary investigation of deeds, contracts and commercial correspondence;
• preparation of defense briefs, introductory documents, appearances and replies;
• formulation and contestation of investigative requests (witness evidence, interrogations, technical consultancy);

• monitoring of evidentiary risk, and valorisation of documentary or presumptive burdens.

The Firm develops targeted procedural strategies, also in function of the competent court, the local jurisprudential orientation and the type of judge (panels, single judge, arbitration).

Enforcement Procedures and Debt Collection

The Firm assists the creditor or debtor in all phases of forced execution, including:

• executions on movable property, real estate and third party assets;
• seizures of wages, current accounts, trade credits, registered movable property;
• applications for assignment, sale, conversion and suspension of execution;

• opposition to enforcement and enforcement actions (articles 615, 617, 619 of the Code of Civil Procedure);

• judicial and extrajudicial debt collection activities.

Furthermore:

• verification of ownership of the credit, validity of the enforcement order and notification of the demand;

• solvency analysis and tracking of seizable assets;

• management of bankruptcy proceedings, claims for liabilities and settlement agreements.

Alternative Tools and
Precautionary Protection

Legal Aid adopts an integrated approach that includes alternative dispute resolution tools and precautionary remedies for the early protection of the right.

1. Monitory and preceptive proceedings

• drafting of requests for injunctions on liquid, collectible and documented credits;
• request for a provisional enforceability clause;
• drafting and notification of the injunction;
• technical defense in opposition to an injunction (art. 645 c.p.c.).

2. Urgent precautionary measures (art. 700 c.p.c.)

• urgent appeals to avoid serious and irreparable damages;
• precautionary requests ante causam or during the trial;
• suspension of the effectiveness of harmful acts or conduct (e.g. assembly resolutions).

3. Seizures and conservative measures

• conservative seizure of movable or immovable assets or company shares;
• judicial seizure in the event of disputes over undivided assets;
• analysis of the fumus boni iuris and the periculum in mora, with preparation of evidence.

4. ADR – Mediation and assisted negotiation

• representation in mandatory and delegated mediations (e.g. leases, divisions, medical liability);
• complete management of assisted negotiations for civil and commercial obligations;
• drafting of enforceable agreements valid pursuant to art. 5 D.L. 132/2014.

These tools allow you to obtain effective and early protection, even in pre-litigation, limiting the time and costs of ordinary proceedings and preserving the client's creditor or defense reasons. To start or defend yourself in a civil or enforcement proceeding, you can arrange a private meeting with Studio Legal Aid.

Legal Aid

Civil Litigation and Executive Procedures