New appraisal within the execution and violation of legal security procedure

Abstract

In this investigation, the violation of some principles of the constitution is evidenced, such as that legal certainty, the legal effectiveness, and the affectation of the creditor’s rights. The phase of the legal procedure in which the study of the violation of the legal security of the procedural subjects is deepened, is in the execution stage, precisely in the diligence of the new appraisal when an embargoed asset, established in article 405 of the COGEP, which resides in the resumption of the auction if there is no position in the first and second signal. The problem is the creditor’s impediment to collecting their money, which despite complying with the requirements determined by law, has not been able to sell. Therefore, the lack of law can be seen in Book V, Chapter III of the COGEP, since the enforcement measures applied are not effective, since they lead to various events that make it impossible to award the property, such as the lack of information and the high appraisal determined by the experts, not related to the real value of the goods. These drawbacks deserve to be solved, to prevent the situation from worsening, since it is currently evident, mainly in creditor institutions, when experiencing the inconvenience of collecting your money. In this analysis, descriptive research was used, through surveys and interviews, which allowed us to fully examine the elements of this study. since it is currently evident, mainly in creditor institutions, when experiencing the inconvenience of collecting your money. In this analysis, descriptive research was used, through surveys and interviews, which allowed us to fully examine the elements of this study. since it is currently evident, mainly in creditor institutions, when experiencing the inconvenience of collecting your money. In this analysis, descriptive research was used, through surveys and interviews, which allowed us to fully examine the elements of this study.

JEL CODE: H76, K41.