General

Examples of precautionary measures

Precautionary measures

To speak of precautionary measures is to refer to those actions carried out by a judge in order that the party that has been favored in court, is not violated his right due to non-compliance of the other party, that is, it is the action that is taken that the right of the winning party is not circumvented.

In this sense, a precautionary measure translates into sentences drawn up in order to prevent a certain factual situation from being modified and thus, the main sentence is fully complied with. These types of measures are not exhaustible.

Its main foundation is based on respect and equality of the parties in trial, thus preventing the execution of the ruling from being illusory , preventively ensuring the result of the main sentence.

Characteristics of the precautionary measures

    • It is composed of provisional nature, that is, its applicability and action is used from the moment the sentence is passed until the execution is fulfilled.
    • They are variable and mutable. This means that without inconvenience, they can be subject to modification or variation as long as it is necessary or the judge considers it necessary.

Types of precautionary measures

There are multiple measures that can be used to prevent non-compliance with an order or sentence, among them we can mention:

  • The preventive embargo: it is the impediment of mobility or sale of goods, in order to guarantee the execution of the judgment against or in favor of the plaintiff or defendant. This type of embargo can be applied on specific or universal things.
  • General inhibition of assets: through this action, the provision of certain rights over specific assets that are duly registered in the public registry is prevented. It is then about real estate, real rights and recordable movable. It should be noted that it is not a measure on the person as such, but rather a limitation when disposing of certain assets.
  • Prohibition to innovate: it is therefore a limitation that the judge orders on a person not to perform certain acts that may alter situations of fact or law existing at the time of the legal conflict, such prohibited actions may alter the course of the sentence.
  • Prohibition of contracting: this type of measure is applicable according to the express determination of the law in the case of stipulation in the contract as well as when it is proposed to ensure a certain execution of goods provided in the legal lawsuit.

Examples of precautionary measures

  1. Lien on a home
  2. Prohibition to leave the country
  3. Preventive prison
  4. House for jail
  5. Provisional visitation regime
  6. Provisional food supply
  7. Temporary care and care
  8. Material care, from an economic, nutritional and educational point of view
  9. Affective attention
  10. Representation of a family member who is in custody to determine their ability to handle assets.

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