Participation process of the online competitions


Registration


The user interested in participating in the sales proposed on the website www.locazionigiudiziarie.it will have to register following the procedure on the home page, entering all the required information and the required documentation. Once the registration process has ended, the system will send a mail to the user at the provided email address containing a link for activating the profile. By signing up you agree to the general conditions of service and the processing of personal data by Edicom Servizi Srl.

Subscription *(participation without "busta telematica" deposit)


In order to participate in a competitive computerized procedure, the user, after logging in to the portal after registration, will have to register with the relevant batch form, by submitting the required security deposit credit (instant registration) or bank transfer (registration following verification). Once the deposit is verified, you will be able to take part in the competition by entering your offer * and making any re-launches.

* This offer is to be considered irrevocable.

Asynchronous competition types available by the portal


  • Timed offers collection: with variable duration starting from a basic fee. The user who, at the end of the term, has entered the highest offer compared to the basic fee, wins the tender; In the event of a plurality of bids and bids made in the three minutes prior to the expiration time of the telematic tender, the automatic extension of the bidders' tender may be arranged for a further three minutes until the final exhaustion of the bids to ensure the greatest realization possible (see "Tenders with extension");

  • Demonstration of interest : rental proposal with the form of an "invitation to offer". The assets proposed through this method; have an indicative fee. Users can enter, within the deadline set by the system, a binding rental proposal, even of a value lower than the basic fee indicated in the detail sheet, which will be subsequently evaluated by the competent bodies;

  • Competitive bidding : the goods offered through this method carry an indicative fee. Users can enter a binding lease proposal within the deadline set by the system and make raises. Subsequently, the offers received will be evaluated by the competent bodies. Following the evaluation, the leased asset can be assigned;

  • "Tenders with extension" means : in the case of tenders received within 3 minutes before the final deadline for the completion of the types of tenders listed above, this will be extended for 3 minutes from timetable for receiving the offer from the system.

    Example:
    Tender Expiration: 12:00
    Extension: 3 minutes
    Last Offer: 11:59
    New Tender Expiration: 12:02 (11:59 + 3 min)

Standards of Reference


The leasing regime for forced sale is governed by the combined provisions of art. 2923 paragraph 1 of the civil code and art. 2919 of the Italian Civil Code.

The institution of judicial custody of the foreclosed properties was object, starting from 2005, until the recent l. 12/2019, of various legislative interventions which qualify the figure of the custodian as an auxiliary to the judge who provides for the conservation and administration of the distrained property and its liquidation (pursuant to ex art. 65, 560, 560 comma 6 and 569 cpc), the practice, doctrine and jurisprudence have moreover, emphasis was placed not only on the function of merely conservative management but above all of active and profitable management of the foreclosed property. The management administration must not only preserve the existing situation, but must tend to increase the potential of the asset to allow its value in use to be fully exploited and to obtain a better liquidation.

In this sense, in the case of vacant property at the time of access or of property subject to occupation without an objectionable title to the procedure, the custodian, with the prior authorization of the Execution Judge, may in view of the aforementioned stipulate lease contracts for temporary use with expiry subject to the forced sale of the property.

The custodian is also favored by the possibility, recognized by the doctrine and jurisprudence, of stipulating valid clauses that involve the termination of these contracts due to the forced sale of the goods, as they express "a limit of duration inherent in the contract and its peculiar purposes".

Device of art. 104 bis Bankruptcy law Rent of the company or branches of the company.

Even before the presentation of the liquidation program referred to in article 104-ter on the proposal of the liquidator, the delegated judge, after obtaining a favorable opinion from the creditors' committee, authorizes the bankruptcy of the company of the bankrupt to third parties, even limited to specific branches when appears useful for the purpose of the most profitable sale of the company or parts of it.

The choice of the tenant is made by the trustee in accordance with article 107, on the basis of estimates, ensuring, with adequate forms of advertising, the maximum information and participation of the interested parties. The choice of the tenant must take into account, in addition to the amount of the rent offered, the guarantees provided and the reliability of the business continuation plan, having regard to the conservation of employment levels.

The rental contract stipulated by the curator in the forms provided for by article 2556 of the civil code must provide for the curator's right to inspect the company, the provision of suitable guarantees for all the tenant's obligations deriving from the contract and the law, the right of withdrawal of the trustee from the contract that can be exercised, after hearing the creditors' committee, with the payment to the tenant of a just compensation to be paid pursuant to article 111, first paragraph, n. 1). The duration of the rent must be compatible with the needs of the liquidation of the assets.

The right of first refusal in favor of the tenant can be granted conventionally, with the express authorization of the delegated judge and with the favorable opinion of the creditors' committee. In this case, once the procedure for determining the sale price of the company or of the individual branch has been completed, the trustee, within ten days, communicates it to the tenant, who can exercise the right of first refusal within five days of receiving the communication.

The relegation to bankruptcy of companies, or branches of companies, does not imply liability; of the procedure for debts accrued up to retrocession, in derogation from the provisions of articles 2112 and 2560 of the civil code. The provisions of Section IV of Chapter III of Title II apply to relationships pending at the time of demotion.

The same possibility is foreseen by Art. 212 - Lease of the company or its branches "from the Code of business crisis and insolvency in implementation of the law 19 October 2017, n. 155 with entry into force on 01/09/2021.