Procedencia de providencias preventivas del proceso de ejecución sin necesidad de probar los requisitos del 124 y 125 del COGEP.

Abstract

The legal problem that revolves around our planned thesis can be found in the General Organic Code of Processes, since, in our opinion, this law should give the same quality to the preventive measures requested in an execution process already those requested in an executive process; however, the law does not give them the same quality. Only preventive measures requested in the executive processes can be ordered in the providence of admission, with the sole presentation of the respective certificates that prove the ownership of the defendant´s assets. This means that the preventive measures requested in the execution process, for the judge to order them, the plaintiff must prove the requirements of article 125 of the General Organic Code of Processes and in some cases hold a audience in which the article 127 of the General Organic Code of Processes. During this degree work, the procedural institution of precautionary measures will be addressed in chapter 1, and then in chapter 2 define the executive and execution processes respectively, point out the application of preventive measures in both procedures, identify the legal problem and the recommendation to reform the General Organic Code of Processes, with regard to preventive measures in execution processes.