Probatorial limitation of the executed in the single execution process of incomplete securities in Perú
DOI:
https://doi.org/10.15381/lucerna.n6.27264Keywords:
Incomplete securities, evidentiary limitation, single processes, abuse of rightsAbstract
The importance of securities in commercial development within society is indisputable because it enables a rapid and secure movement of credit rights; as well as its circulation, since the equity rights that the security title incorporates are united with the credit right. Therefore, the security must comply with the requirements and punctualities provided for in Law No. 27287 for it to be classified as valid, however, the unique processes of execution of incomplete securities lead to the evidentiary limitation of the execution in the processes. judicial.
In this sense, this research work is developed with a qualitative approach with the main objective of knowing the scope and controversial cases on limitations for evidentiary contradictions in the unique processes in application of articles 10 and 19 of Law No. 27287, in the Legal Peace Courts of Lima, the main legal concern being the evidentiary location in which the executed party is located in the face of possible abuse of the right that the creditor may incur, and it is difficult for the executed party to prove what the agreements were if not The scope of the current law is taken into account.
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Copyright (c) 2024 María Carmela Mosquera Lagos
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