Publicación:

Las medidas cautelares en los procesos civiles declarativos.

Resumen

In this article, it aims to show that the precautionary measures in declarative processes tend to ensure a state of fact or law for the development of a process and looking for, prevent possible harmful actions that frustrate the legal protection required actor when applying for action in the judicial spheres. Precautionary measures develop the principle of effective administration of justice in civil cases declarative, are resolutions adopted by the Judges aimed at the protection of any situation that may be decreed ex officio or upon request, thus safeguarding the rights which are under discussion, they lead to not generate that there is a certain and indisputable right in the process, but it tends to protect it in case you were to exist. This instrument seeks to avoid the transformation of the factual situation existing at the time of the claim arising, or the absence of the debtor's assets that guarantee the enforcement of the sentence that can be given in a process. The precautionary measures are not extinguished where they are subject to specific regulation, as are freezing, the seizure of property and entry of the complaint, but the powers that have the judge with respect to enact these measures are much more spacious, and spread to other precautionary measures unnamed calls.