Procedure overtaken by will

procedural agreements and the principle of atypicality in civil enforcement

Abstract

This essay has the purpose to expose, although briefly, the atypicality in civil enforcement procedure and some of its phases, turned possible, before anything else, by the new model of voluntary flexibilization of the proceeding. There are, thus, some possible scenarios of viable agreements in civil enforcement and, even, the limits and directions imposed to judicial case management by the previous agreement itself and by the proportionality weighting between the legal interests involved. The study deals with a series of contexts, from the flexibilization of the list of enforceable titles to managerial techniques applied to enforcement procedure in special situations involving individual procedure which discusses credit relation between parties, and, also, last but not least, complex and collective suits.