How to defend against administrative detention

 this paper aims to analyze the institution of administrative detention of registered movable property, governed by Article 86 of Presidential Decree No. 602/1973, from two different perspectives. The first, compilative, reports in its entirety the panorama of administrative detention, both in relation to the (little and confused) legislative production, and in relation to the (even less clear) jurisprudential production. The second profile aims to provide, or at least tries to provide, answers to legal practitioners, with this certainly assuming the risk of clashing, in the future, with a possible contrary orientation of the jurisprudence, an orientation, however, that does not exist to date. With the solutions put forward, at times certainly difficult to digest (see one for all the double recourse on the subject of detainment pertaining to credits of a different nature), it is therefore intended to take a position highlighting the problematic nature of the institution of administrative detainment, hoping, why not, for a comprehensive legislative intervention so that the instrument of detainment, a useful aid in the phase of coercive collection, does not become a nightmare, both for those who come to suffer it and for those who are invested with the evaluation of its legitimacy.  
Author: Nunzio Santi Di Paola
Year of publication: 2007
Publishing house: Maggioli Publisher
Pages: 388
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