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Submitted November 20, 2025
Published 2025-12-03

Artículos

No. 55: Anuario de Derecho

Relevant aspects of seizure in the new Code of Civil Procedure (Law 402 of 2023).


DOI https://doi.org/10.48204/j.aderecho.n55.a8715

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References
DOI: 10.48204/j.aderecho.n55.a8715

Published: 2025-12-03

How to Cite

Díaz, G. (2025). Relevant aspects of seizure in the new Code of Civil Procedure (Law 402 of 2023). Anuario De Derecho, (55), 340–352. https://doi.org/10.48204/j.aderecho.n55.a8715

Abstract

Given the risk posed by the material impossibility of the process timely resolving any claim, the legislator must employ a set of measures called precautionary measures. Every legal process takes a considerable amount of time to reach a decision, and events are likely to occur during its substantiation that make it impossible to satisfy the judgment. Therefore, the objective of precautionary measures is to ensure the outcome of the judgment that must be issued in a given case, so that justice is not deceived, making its enforcement impossible. Therefore, sequestration is the most effective precautionary measure a plaintiff can have when, in the absence of an enforceable title, his claim will obtain recognition in the ordinary civil courts.

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