Ejecución según el código orgánico general de procesos

Abstract

Abstract: The lack of precise regulations for the recalculation of debts after an enforcement order constitutes a significant legal gap that compromises the effectiveness of the judicial process. This gap generates legal uncertainty and hinders the creditor's full redress, given that the time between the issuance of the order and the actual payment allows for the accumulation of interest, monetary adjustments, and other costs not covered by the initial calculation. This situation contravenes fundamental principles such as effective judicial protection and legal certainty, by fostering disparate interpretations and unjustified delays in enforcement. The absence of clear guidance on the mechanisms and limits of recalculation affects the efficiency of the enforcement process, whose objective is to ensure the prompt and effective fulfillment of recognized rights. Therefore, it is imperative to implement specific regulations that contemplate the possibility of recalculating the debt after an enforcement order.