Bibliographic citations
Gamarra, A., (2020). La ejecución de las resoluciones judiciales firmes y la incautación de bienes inmuebles en un proceso penal [Tesis, Universidad Privada Antenor Orrego - UPAO]. https://hdl.handle.net/20.500.12759/6332
Gamarra, A., La ejecución de las resoluciones judiciales firmes y la incautación de bienes inmuebles en un proceso penal [Tesis]. : Universidad Privada Antenor Orrego - UPAO; 2020. https://hdl.handle.net/20.500.12759/6332
@misc{renati/379059,
title = "La ejecución de las resoluciones judiciales firmes y la incautación de bienes inmuebles en un proceso penal",
author = "Gamarra Vásquez, Andrea Beatriz",
publisher = "Universidad Privada Antenor Orrego - UPAO",
year = "2020"
}
The present investigation work called “The Execution of the firm judicial resolutions and the seizure of real estate in a criminal process”, is oriented to determine the manner in which the suspension of the forced execution of a real estate object subject to a mortgage, for the purpose of seizure in a criminal proceeding, affects the right to the execution of the firm judicial resolutions. Thus, the statement of my problem is as follows: How does the suspension of the forced execution of a real estate subject to mortgage, on the occasion of its seizure in a criminal proceeding, affect the right to the execution of firm judicial resolutions?, while the hypothesis is the following: “The suspension of the forced execution of a real estate object subject to mortgage, on the occasion of its seizure in a criminal proceeding, negatively affects the right to the execution of the firm judicial resolutions, to the detriment of the executing creditor. ” In this order of ideas, in order to proceed with the analysis of the problem posed, logical methods were used, such as analytical, inductive and deductive, as well as legal methods, such as dogmatic, hermeneutical and comparative. In addition, in terms of data collection techniques, bibliographic analysis, document analysis and interviews were used, and in relation to this, data collection instruments such as bibliographic records, document analysis guides and the interview guide. Regarding the results obtained from what has been developed in this research work, it is noted that the most outstanding is that the interviewees, by a large majority, agreed to ensure that by preventing the forced execution of a mortgaged property, by the just having seized after the constitution of the mortgage, is an attempt against the protection and legal security of the mortgagee, also ensuring that this also hinders the execution of a firm judicial resolution, within a process of execution of guarantees, where it is precisely not intended to recognize the right but to satisfy it. Finally, the conclusion that stands out is that the suspension of the forced execution of a real estate object subject to mortgage, on the occasion of its seizure in a criminal proceeding, negatively affects the right to the execution of the final judicial decisions, to the detriment of the executing creditor, since, despite having a guarantee validly constituted prior to the seizure order, he is prevented from satisfying his credit right, which is not only backed by a mortgage guarantee in the material or substantive scope, but That said support is invoked in the procedural field, with the filing of its demand for the execution of guarantees, complying with all its procedural stages, and obtaining a resolution with the authority of res judicata such as the final order that orders to carry out the forced execution.
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