Los bienes inembargables y la constitución de 1991

Before 1991 Constitution, the Judge, in order to restrain himself from seizing and abducting a specific asset, had simply to search if the pursued asset was explicitly considered unseizable by a given legal provision. With the entry into effect of 1991 Constitution, the Judge should not merely revis...

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Bibliographic Details
Main Author: Correa, Ramón Alfredo
Format: Article
Language:Spanish
Published: 2012
Subjects:
Bienes inembargables
derechos fundamentales
dignidad humana
ejecusión forzada
menaje doméstico
prenda general de los acreedores
Enforced foreclosure
General pledge of creditors
Unseizable Assets
Households
Fundamental Rights
Human Dignity
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=5657563
Source:Inciso, ISSN 1794-1598, Vol. 14, Nº. 1, 2012, pags. 9-19
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Los bienes inembargables y la constitución de 1991
Summary: Before 1991 Constitution, the Judge, in order to restrain himself from seizing and abducting a specific asset, had simply to search if the pursued asset was explicitly considered unseizable by a given legal provision. With the entry into effect of 1991 Constitution, the Judge should not merely revise if an asset is explicitly considered unseizable by a given legal provision, His role must go far beyond; He must analyze if by the seizure of certain assets, fundamental Rights are affected. Seizure and restrain of property and goods composing household goods, affect fundamental Rights; therefore, the Judge must restrain to decree or practice this measurement, except that falls upon ostentatious goods or that the required credit is part of the purchase of the property which assurance is required.

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