It can be defined as the by de execution by virtue of which the creditor puts in the hands of the Justice and does sell the property(ies) of your debtor, in order to obtain the paid of its credit of the price de sale of the seized property(ies).
Characteristic:
1. There must be an enforceable title
2. Be preceded by a commandment de paid
3. The credit It must be true, liquid and enforceable
ESTATE ATTACHABLE ASSETS
According to article 2118 del Code Civil law can be object de embargo real estate all goods of the debtor likely to mortgage.
• Goods real estate and its accessories reputedly real estate.
• El usufruct that falls on goods estate.
• Real estate by its nature (Art. 518 CC)
• Properties by destination (Art. 520 CC)
All creditor can lock a embargo real estate as long as its credit be certain, liquid and payable and is provided with an enforceable title. Article 2204 establishes that the debtor is owner of the properties seized by their creditor and as regards the creditors privileged and mortgaged which can block the embargo real estate without to import in the hands of whomever the property is in. (It is governed mainly by Articles 2126 to 2170, 2204 to 2218 of the C. Civil law; by Art. 673 to 779 of the CP civil, of which Articles 673 to 715, 718, 717, 725, 728 to 731 and 735 were amended by Law 764 of December 20, 1944 884); by Articles 199 and 219 to 224 of the Act .de Register of Lands of 1947 that have come to replace articles 108 and s. Of the Act de Register of Lands of 1920.)
Can be object de embargo the properties:
1st) Real estate by nature: (farms, properties, buildings, houses, trees planted on the premises of fruits not harvested.
2nd) Furniture by destination: (animals destined for cultivation, farming tools, seeds given to rentiers or settlers, etc., all furniture that the owner has placed on the farm of way permanent and when they have been placed by the owner for the service y benefit of the farm. The legislator has established that the creditor mortgage or a special privileged one, they can only proceed to seize the properties object of the privilege.
Su proceedings es chronology, also this order It must be logical.
As el embargo Real estate is a proceedings executory, it is evident that it must be preceded by a commandment de paid. If there has been acquisition de part a third, you must be warned by means of a intimation, since the right de persecution can be exercise between any hands in which the mortgaged property is found.
El commandment de paid is a formality preliminary, which really does not crafts part of the embargo, but it is necessary and obligatory.
Once the term of the commandment de paid, will begin operations of the embargo.
The property will be placed in the hands of the Justice to complete the sale. This proceedings It is long and complicated.
El Tribunal Competent is determined by the location of the property as if it were a action real estate. This embargo It is practiced by a sheriff, which must estar provided with a power special, for power fill the record of the embargo.
El commandment de paid must clearly warn the defendant that lack de paidin the Plazo will proceed to embargo their goods estate.
Once the time has elapsed Plazo 30 days of the commandment de paid, the procedure will be carried out embargo real estate. This operación It is done by means of a record raised by a sheriff.
To get to the sale of the property, the pursuer must establish the conditions that will govern said sale and this is achieved by writing a sheet of charges, clauses and conditions that will govern the sale. Once drafted and filed by the secretary of the Tribunal competent, after notifying the creditors registered, the pursuer will set the price. After these formalities have been established, the newspaper will publish the to date, The when and where in the town where the event will take place sale. If it is not published sale will be void. This reading of the sheet, the judge will set the when and where and hour of the award which will be set at 30 days and will not exceed 40 days from the reading of the sheet. A is established Plazo de grace, this Plazo must be requested by the person who is threatened. award It is done in a The hearing of pregones. The bids are presented through lawyers and are void if the persons have not participated in the bids. Then the embargo.
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