Análisis jurídico y doctrinal sobre el embargo con desalojo de bienes inmuebles y los efectos que producirían con la aplicación del numeral segundo del Art. 387 del Código Orgánico General de Procesos

Abstract

Abstract: This work entitled: Legal and doctrinal analysis on the seizure with eviction of real estate and the effects that would be produced with the application of the second numeral of art. 387 of the General Organic Code of Processes , has as a precedent an interlocutory order issued within an executive judicial process for the collection of an obligation. The judge ordered the seizure of a real estate, and in application of Art. 387 of the General Organic Code of Processes, orders the police officer who is going to execute the seizure to exercise the following powers: a) The entry into the real estate being seized. b) The eviction of all persons and property that are in the property being seized; and, c) The unlocking of securities that prevent entry into the property being seized, without having duly motivated said order. It has been determined that ordering the eviction of people from a property at the time of the seizure violates their rights such as the following: property, personal and family privacy, inviolability of the home, due process, among others.