El uso doloso de la tercería coadyuvante en el juicio ejecutivo frente al derecho a la seguridad jurídica del acreedor ejecutante

Abstract

This research focuses an existing problem in sustaining the executive process, relating to fraudulent employee of the intervener third party, in order to favor the debtor, hurting the enforcing creditor. To support the problem, I developed a study based on conceptual, doctrinal, legal and right elements compared, addressing related adjuvants third party with content, I present an analysis to executory titles executives, executive action, subjects of obligation, priority of claims and simulation which can be tapped to cause harm, violating the legal security, judicial protection, due process, the right to defense and the intentional conduct focused from civil, commercial and criminal. I present results of surveys, for determining that due to shortcomings in the regulation of coaduvante third party, legal security is breached, effective judicial protection, due process, damaging the plaintiff creditor. The paper ends with conclusions and recommendations to the problems and finally the approach of a proposed amendment guaranteeing the legitimate use of third party rights and enforcing creditor.