PRECAUTIONARY MEASURE ON THE FUND IN EVICTION PROCESSES

• Autor: Erick Aldo CARREON MAMANI
• Formato: artículo
• Fecha de Publicación: 2020
• Institución: Universidad Nacional del Altiplano
• Repositorio: Revista UNAP - Revista de Derecho
• Lenguaje: español
• OAI Identifier: oai:oai:revistas.unap.edu.pe/rd:article/94
• Enlace del recurso: http://revistas.unap.edu.pe/rd/index.php/rd/article/view/94
• Nivel de acceso: acceso abierto

Eviction processes, in our social environment, have become one of the ways to put an end to a conflict related to the best right of possession of a property, so our national legislation in order to ensure the execution of an anticipated sentence has regulated precautionary measures that have an instrumental relationship with the main process, as they serve the purposes of the latter to ensure the effectiveness of the resolution that puts an end to it; Thus, our national legislation provides for the precautionary measure on the merits as an ideal figure for this purpose; However, in order to access it, it is necessary to prove the verisimilitude or appearance of the right, as well as to prove that the property is in a state of abandonment, and finally a contracaution must be offered, however this legal figure is inapplicable in the However, as can be seen, there is a need for the state to issue norms that safeguard the right to possession in a more effective and equitable way, seeking to protect the best right to possess.