Humanities

What is an injunction? »Its definition and meaning

Anonim

A precautionary measure is a tool that is used when starting a complaint, in order to avoid the inconveniences that the time that a process extends, which can cause failure of the execution of a claimed right that adheres to a sentence. These types of measures are generally taken during a main process, however they should not be confused with executive measures, since these are based on titles that carry an obligation and despite the fact that in certain things they may be similar, they are already different. that are extended for the same period of time that the main process lasts, whose purpose guarantees some measure.

This type of procedure is based mainly on a need to maintain stable equality between two elements in the same trial, in order to avoid that I know that the sentence passed in the trial is taken as illusory, it can then be said that this is what It does is to preventively certify the effectiveness of a sentence on a certain judicial process, therefore its main objective would be to affirm that justice achieves its correct effectiveness in a trial.

Precautionary measures have a characteristic of limited periodicity, this is due to the fact that they are subject to the time that they extend from the moment it was issued until the sentence established on an execution process is executed, another of its characteristics is its versatility, since it can come to undergo modifications as long as the appropriate scenarios exist for it to occur.

A clear example of a precautionary measure is the so-called preventive embargo, which is based on the immobilization of various assets since the individual who is in a lawsuit process, this in order to ensure that the sentence is put into practice in a manner effective. This procedure can be applied to the universality of things or, failing that, to individual goods. A lien does not mean that the goods involved cannot be traded, it only establishes that said goods can be sold after an authorization by the judge involved in said process.