Bibliographic citations
Velasquez, M., (2022). El empleo de mala fe en la demanda de revisión judicial afecta el procedimiento de ejecución coactiva en la Municipalidad de Independencia periodo 2021 [Universidad Peruana de Las Américas]. http://repositorio.ulasamericas.edu.pe/handle/upa/2015
Velasquez, M., El empleo de mala fe en la demanda de revisión judicial afecta el procedimiento de ejecución coactiva en la Municipalidad de Independencia periodo 2021 []. PE: Universidad Peruana de Las Américas; 2022. http://repositorio.ulasamericas.edu.pe/handle/upa/2015
@misc{renati/5615,
title = "El empleo de mala fe en la demanda de revisión judicial afecta el procedimiento de ejecución coactiva en la Municipalidad de Independencia periodo 2021",
author = "Velasquez Castro, Marian Stephani",
publisher = "Universidad Peruana de Las Américas",
year = "2022"
}
With the current research study it is sought to examine the damages generated by the misuse of the demand for judicial review against the coercive execution procedure, this damage can be seen both in the collection of an entity as well as in the increase in workload to the Judiciary, which represents a damage to the public interest, since this mechanism, whose purpose is to review the legality and compliance with the regulations of the coercive law, is actually used to delay and prevent the collection from being made through the application of the precautionary measures ordered in the exercise of the forced collection of a debt that the obligor refuses to pay despite notifications of payment requirements that the entity notifies; thus affecting the work carried out by an entity to achieve the recovery of a debt as well as increasing the workload in the Judiciary because unfortunately there is a legal vacuum in the coercive law in its art. 23° of the TUO of Law No. 26979, since it favors the obligors by allowing them to dispose of their assets that are at the disposal of the executing entity due to a disposed embargo, being able to transfer their assets to a third party in order to avoid the debt recovery operation, without having limits for its interposition, leaving open the power that the obligor possesses to send the procedure to judicial review on repeated occasions, since for the temporary paralysis of the coercive execution procedure and the lifting of the precautionary measures, it is only enough to inform the entity of the filing charge of the Demand for Judicial Review, its admissibility not being a requirement. As a study base I will use the Coercive Execution office of the District Municipality of Independencia in order to evaluate how this resource is used by those obliged before the execution of the coercive collection. The present study will use the qualitative approach, through the methodological design that is directed to carry out an interpretive analysis of fact and detailed descriptions of certain situations or events, establishing a problem through observation.
This item is licensed under a Creative Commons License