Freezing Injunctions Under Italian Law

What a seizure order is and how it works in Italy

WHAT IS A FREEZING INJUNCTION?

A freezing order (also known as seizure order) is a Court injunction that can be obtained to restrain a party from disposing of its assets in prejudice of the creditors' rights.

Article 671 of the Italian Civil procedural Code provides that:

"the judge, at the request of the creditor who has a valid fear of losing the security for his claim, can authorize a precautionary seizure of real or personal property of the debtor or of monies and things due to him, within the limits allowed by the law for attachments."

The interest of the claimant is therefore to obtain an order from the Judge pursuant to which the debtor will be forbidden to dispose of his/her assets which will remain a valid guarantee for the creditor. Two are the main features of the freezing order: