Análisis de la institución del embargo, en la ejecución de los bienes inmuebles gravados, en las unidades judiciales de lo civil

Abstract

Abstract: As stated in this paper, there is a lack of uniformity in the judges' criteria regarding granting the powers contained in article 387 of the COGEP, in favor of the National Police when carrying out an embargo. ordered by a competent judge, such is the casethat there are judges who grant these faculties, such as the entry to real estate, the eviction of people and goods that are in the property, the burglary of securities, the seizure of goods or any other measure necessary for the execution of the sequestration; On the other hand, there are judges who grant only some or none of the aforementioned faculties. Therefore, it is argued that there is a normative deficiency in the provision contained in article 387 of the COGEP, which is not mandatory, but leaves open the possibility of an interpretation, leaving this decision to the free will of the judge and thereby creating an environment of legal insecurity and lack of certainty in judicial decisions, a problem that must be analyzed.