El secuestro de bienes muebles y su incidencia en la garantia del pago de la obligación, en los trámites ejecutivos de la unidad judicial civil del cantón Riobamba, en el año 2015.”
In order to be able to understand the subject of study, the executive judgment was studied, since it is within this subject, where it will be analyzed later the preventive measure of the seizure of goods. It should be noted that the time of the investigation is 2015, so the rule that was in force wa...
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| Format: | bachelorThesis |
| Sprache: | spa |
| Veröffentlicht: |
2017
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| Schlagworte: | |
| Online Zugang: | http://dspace.unach.edu.ec/handle/51000/4149 |
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Tag hinzufügen | Zusammenfassung: | In order to be able to understand the subject of study, the executive judgment was studied, since it is within this subject, where it will be analyzed later the preventive measure of the seizure of goods. It should be noted that the time of the investigation is 2015, so the rule that was in force was the Code of Civil Procedure, however, as it is repealed, it will also be necessary to investigate the regulations in force in the General Organic Code of Processes. Within a general concept, the executive judgment is a brief procedure, in which an obligation contained in an executive title, which is a document covered by a veracity, is executed, therefore, the Judge orders that the obligation contained therein is fulfilled, Being able to be: to give, to do or not to do. According to the Code of Civil Procedure, until the General Organic Code of Processes was promulgated, the definition of preventive measures follows the request of the embargo, kidnapping, withholding or prohibition of alienation of goods. Preventive measures are orders that the Judge can rule in the executive judgment, to ensure the collection of the obligation contained in the executive title, because it is presumed the truth of this and also, they are dictated because he fears that the debtor conceals his Property so that the creditor can not pursue them, in order to pay the obligation. The seizure of property occurs on movable property, because the preventive measure consists in the seizure of the property of the debtor, and its consequent judicial deposit, consequently the kidnapping can not occur on a property such as a house or a land. The seizure of property is aimed at justifying certain property is owned by the debtor and transferred to his deposit |
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