La necesidad de crear una norma que regule la ejecución en procesos de partición judicial cuando no existe acuerdo entre herederos o coparticipes

Abstract

Abstract: The General Organic Code of Processes carries out a generalist normative approach regarding the title pertaining to judicial partition, an event that has generated several critical knots in the face of the different scenarios that may arise in the practice of the exercise of this right. Along these lines, it is necessary to create the applicable norm for the execution of assets in judicial partition processes. In these considerations, given the legal vacuum that exists in the execution of the assets subject to the partition, in cases where there is disagreement between the heirs or partners of a partible estate, which has generated controversies in the free exercise of the profession I would like to propose the insertion of the specific and pertinent rule to the General Organic Code of Processes, so that, in an established way, it flows procedurally before its application, without any violation of rights.