Reformar el artículo 585 del código civil a fin que los bienes muebles que superan los veinte mil dólares americanos sean susceptibles de embargo o prohibición de enajenar para garantizar el pago de una obligación económica pendiente

In the modern Right, the real estate property has stopped to be the main type of wealth, and on the other hand, certain goods furniture that are easily identifiable for their characteristics, exist for they can be it object of juridical relationships; that is to say that on them one can also request that he/she takes some measure of character real so that certain person it completes their obligations. A distinction of the goods should be made between furniture and properties he/she has, in the modern right, importance fundamental and big influence in the regulation of juridical several institutions. The alienation of properties requires of solemnities that are unnecessary in that of furniture. On the properties the mortgage right, prohibition can settle down of alienating among other; and, on the furniture that of garment, because as it already indicates previously I consider that to more than this measure on the bines furniture should be considered the mortgage, the seizure and the prohibition of alienating whenever they are goods that overcome a superior value to the twenty thousand American dollars. Not we should forget that the goods furniture are all those goods that are susceptible of appropriation that are not understood among the goods properties and, in general, all those that can be transported from a point to another without damage of the thing property to that united estuvieren. Only if it is about a fleeting or accidental coalition we will be able to speak of property, otherwise, if he/she took place a true adherence or inseparabilidad, it would be about a piece of furniture for incorporation. Among the furniture they are included the things that move only for effect of an external force, so much as those that move for themselves, (that they are also denominated semovientes) as the animals. But our study is focused to those goods furniture that are movable for its nature that to the being separated from the place in the one that you/they are located doesn't affect in no way to the very main one. When being carried out this exception between the goods furniture and properties he/she already transforms into an exclusive advantage that grants the law to a creditor on their debtor, in the value, already in the reward of the execution of certain obligations. So that a creditor can make complete the conquered obligation of a merchant it is in the possibility of beginning a process in his against in the which he can request that real measures of character are dictated on certain goods; in this case, to request these measures on the creditor's goods furniture, considering that the goods furniture that it possesses possibly overcome the quantity that owes him/her. Goods that can overcome exist and value to a good properties, for example a painting, a canvas, etc. that can be taken in bill for the prohibition of alienating, to mortgage or in turn to kidnap and this way to recover their credit granted to the creditor. The goods are called those things that the men are served or they are helped to stay, although their single utility is not enough to fix the juridical sense of the good, it should accompany him/her the current or virtual appropriation, reason why it has been said that they are not goods the same things, but the rights that we can have in them or for them. In objective sense, the things furniture, goods furniture in consequence, are all those real (storms and special) objects that can move, as the animals that for that reason call themselves semovientes, or to be transported like in the case of the inanimate things, of a place to other, without the mobilization denaturalizes them. In what concerns to the goods furniture we should not forget that these are all those goods that are susceptible of appropriation that are not understood among them, those goods that are used by the individual to carry out their daily activities as they are the utensils and kitchen objects, bed clothes, the debtor's dress and their family, office furniture, among other It is important to emphasize that if the Judge dictates real precautionary measures on this type of goods, the act is null, since it is about an act that doesn't fulfill the requirements of validity demanded by the law. The direct goods or indirectly they are object of the right, we are in front of the real rights. The goods are base of the social relationships that regulates the right. Undoubtedly neither it is about any very, but alone of those to those that the right grants them real nature, the nature of property. At the present time, the economic importance of the goods furniture is evident: we must only think of the machines, automobiles, technological inventions, but also in the money, actions of societies, checks or letters of change until the point that systems of registration specific publics exist for some categories of goods furniture.

• Autor principal: Pachar Zhondo, Jackson Felipe (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado em: 2014
• Acesso em linha: http://dspace.unl.edu.ec/jspui/handle/123456789/15057