Bibliographic citations
Aldana, D., (2022). La incorporación legislativa de la revocación en las medidas cautelares dentro del código procesal civil peruano [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/8768
Aldana, D., La incorporación legislativa de la revocación en las medidas cautelares dentro del código procesal civil peruano [Tesis]. PE: Universidad Privada Antenor Orrego; 2022. https://hdl.handle.net/20.500.12759/8768
@misc{renati/378594,
title = "La incorporación legislativa de la revocación en las medidas cautelares dentro del código procesal civil peruano",
author = "Aldana Espinoza, Diana Cathalina",
publisher = "Universidad Privada Antenor Orrego",
year = "2022"
}
Our research work entitled: ""The legislative incorporation of revocation in precautionary measures, within the Peruvian Civil Procedure Code"", seeks to demonstrate a serious omission in our civil adjective norm, since it does not regulate a legal category called precautionary revocation. , which has significant repercussions to the detriment of the sued or executed party. For this reason, in this thesis we have asked ourselves the following question: How is it necessary to legislatively regulate the revocation of the precautionary measure, in the current Peruvian Code of Civil Procedure? In order to give its explanation, we have formulated the following hypothesis: ""It is necessary that the revocation of the precautionary measure be regulated legislatively, in the current Peruvian Code of Civil Procedure, since in this way the right of defense of the affected party is ensured with a precautionary measure, since there would be the possibility that when the reasons that gave rise to the granting of a precautionary measure disappear and you can request its lifting without having to wait for the conclusion of the process.” Likewise, we have formulated the following general objective: ""Determine if it is necessary to legislate the revocation of the precautionary measure, in the current Peruvian Code of Civil Procedure."" The same that through logical methods, as well as with the help of dogmatic, hermeneutical legal methods have allowed us to conclude, among other things, that the regulation of a category such as the revocation of a precautionary measure is more consistent with a process in the one that prevails a true due process, since with this category the right of the executed person to a precautionary measure would be better ensured, as long as it will not be absolutely subject to the end of the main process to only be able to lift it . Considering that this late lifting of the precautionary measure, which will generally affect your assets; it could cause irreparable damage, since it must be taken into account that a precautionary measure does not mean a punishment or a sanction for the defendant or executed in a civil proceeding
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