Bibliographic citations
Pérez, J., (2023). Tutela sumaria en procesos de desalojo por vencimiento de contrato y salvaguarda oportuna de los intereses del arrendador del bien inmueble [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/6279
Pérez, J., Tutela sumaria en procesos de desalojo por vencimiento de contrato y salvaguarda oportuna de los intereses del arrendador del bien inmueble []. PE: Universidad Andina del Cusco; 2023. https://hdl.handle.net/20.500.12557/6279
@mastersthesis{renati/954825,
title = "Tutela sumaria en procesos de desalojo por vencimiento de contrato y salvaguarda oportuna de los intereses del arrendador del bien inmueble",
author = "Pérez Ramos, Javier Max",
publisher = "Universidad Andina del Cusco",
year = "2023"
}
The purpose of this study was to demonstrate that the application of a summary protection to eviction proceedings due to the expiration of the lease agreement will make it possible to safeguard the interests of the landlord of the property in a timely manner. Likewise, to determine whether the current procedural regulation of these proceedings allows for a speedy protection of the rights of the plaintiff, and to identify the rights that are violated by the absence of application of summary protection. Finally, to demonstrate how the nonapplication of summary protection violates the rights of the plaintiff in these proceedings and to propose procedural mechanisms that allow for the application of the summary protection to which we refer. In the development of the research, the fundamental right to effective judicial protection, procedural speed, summary protection, and the eviction process of real estate in Peruvian legislation were analyzed. The method used was legal dogmatics, with a qualitative approach. The data collection technique and instrument was documentary analysis, through which an analysis sheet was prepared. The discussion of the results was carried out after the legal argumentation based on the theoretical data. The result was that the hypothesis was verified, the main conclusion is, article 566 of the Code of Civil Procedure regulates the figure of the early execution of the sentence even if there is an appeal of the same, which implies the application of summary protection to ensure the effectiveness of the final judgment in child support proceedings. In the context of eviction proceedings due to the expiration of the contract, the application of this procedural norm would provide a speedy and effective procedure to resolve the dispute and guarantee the interests of the landlord. The norm contained in the first numeral of article 50 of the Code of Civil Procedure is also relevant in this context. This numeral establishes that it is the duty of the judge in the process, to direct it, to ensure its prompt solution, to adopt the necessary measures to prevent its paralysis and to seek procedural economy. By combining the aforementioned norms, summary protection will be granted and the landlord will be provided with an effective legal tool to protect his interests in a timely manner. Summary protection allows to accelerate the judicial process, avoiding unnecessary delays and guaranteeing a faster resolution. Likewise, the possibility of requesting the eviction and the immediate delivery of the property speeds up the procedure, preventing the landlord from suffering additional damages due to the improper occupation of the property. By applying real and effective summary protection to eviction proceedings due to the expiration of the contract, a balance is achieved between the rights of the landlord and the tenant. The landlord has the opportunity to safeguard his legitimate interests, while the tenant can also exercise his right to a fair defense. It was also recommended that, considering that the application of real and effective summary protection in eviction proceedings due to the expiration of the contract provides a quick and efficient way to protect the interests of the landlord, it is suggested that landlords who face situations of contractual breach by tenants use these legal mechanisms. First, it is suggested that the defense of the landlords request the application of article 566 of the Code of Civil Procedure to their eviction proceedings, this will allow them to obtain the result in a more agile and effective way. Additionally, it is important that landlords inform themselves about the first numeral of article 50 of the Code of Civil Procedure, which establishes the duties of judges in the process. On the other hand, it is advisable that landlords seek adequate legal advice to ensure that they meet all the requirements and procedures necessary when requesting summary protection and eviction. A lawyer specialized in real estate law can provide them with precise guidance and help them prepare a solid and well-founded application.
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