Las providencias preventivas en el contrato de prenda y reserva de dominio dentro de los títulos de ejecución.

Abstract

This scientific article aims to investigate what occurs in practice regarding the application of preventive measures, that is, to be able to indicate, based on the proposed analyses, how, in the case of the pledge and sale contract with reservation of title, frequently such application is not allowed by judges before the respective summons; a matter permitted in the executive procedure. Furthermore, it is essential to observe the legal basis on which the judges of the Civil Judicial Unit rely for the application of preventive measures within the aforementioned contracts and thus determine whether there is a violation of the principle of due process and constitutional rights, such as legal security and effective judicial protection.