Necesidad de reformar el Código de Procedimiento Civil, relacionado al avalúo y remate de los bienes en el juicio ejecutivo, para garantizar el derecho constitucional a la propiedad
The Art. 455 of the Code of Civil Procedure states that made the seizure shall be put to the expert appraisal with the concurrence of the judicial depositary who sign the appraisal, can do for your download observations consider advisable. This legal provision in my opinion does not provide adequate...
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| Formato: | bachelorThesis |
| Idioma: | spa |
| Publicado em: |
2015
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| Assuntos: | |
| Acesso em linha: | http://dspace.unl.edu.ec/jspui/handle/123456789/8620 |
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Adicionar Tag | Resumo: | The Art. 455 of the Code of Civil Procedure states that made the seizure shall be put to the expert appraisal with the concurrence of the judicial depositary who sign the appraisal, can do for your download observations consider advisable. This legal provision in my opinion does not provide adequate legal protection, because the expert to do the valuation of assets does below the actual values, causing economic harm to the debtor primarily because it does not take into account the quality of the materials they are made , so for example, speak of a property such as a house or apartment should be taken into account if block, or brick, floor finishes, baths, if the room floor is marble, board, park, etc., if only the room, or any room, that is, a real Appraisal is not done thoroughly each of these aspects, but rather giving an estimate of how overall value must assert such property; since it will have to avaluarse assets necessary to cover the outstanding principal, interest, court costs and fees of counsel, which is what the judge ordered to pay a judgment . In our Constitution of the Republic in Section 23, Art. 66, recognizes and guarantees people the right to property, in all its forms, function and social and environmental responsibility. We must consider the Magna Carta in its Arts. 75 and 82 tell us about the rights to effective protection and legal certainty. I also believe that this statutory provision, a starting point must be established from which the expert must make the expert valuation of the property, in order not to prejudice the creditor and debtor. With the statement above I believe that Art. 455 of the Code of Civil Procedure, needs reform urgently because as is legislated, this legal provision has no direct connection with the current socioeconomic characteristics and the actual gain of the valued assets, order to protect the economic rights of the performer and the executed |
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