Abstract

VILLAFUERTE PHILIPPSBORN, Leonardo David. The procedural rules applicable to the coercive enforcement during the transition between the 1760 and 439 Acts. Rev Cien Cult [online]. 2015, vol.19, n.35, pp.135-150. ISSN 2077-3323.

This research aims to determine the procedural rules applicable to the coercive enforcement of monetary obligation secured by mortgage or registered pledge, whose contracts have concluded during the term of the 1760 Act of civil coercive enforcement of security interests in mortgage and secured loans and whose coercive collection be processed wholly or partly for the full force of the law 439 for the Civil Procedure Code, through the legal dogmatic method and in order to determine the limits of the respective patrimonial execution. One of the main findings constitute that, in all cases where the execution of the sentence must be carried out after the full application of this standard, the procedural applicable rule is Act 439. Moreover, the limits of the financial execution are different in Act 1760 that in Act 439: the first is limited to the goods provided as collateral, the second merely covers the entire assets of the debtor until the satisfaction of the claim.

Keywords : Limits of the financial execution; 1760 Act of civil coercive enforcement of security interests in mortgage and secured loans; law 439 for the Civil Procedure Code.

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