Expiration period for preparatory measures relapsed in execution proceedings

Abstract

The Civil Procedure Code establishes a term of twenty days to initiate the executive action once the preparatory measures have been concluded. However, there is no resolution declaring the conclusion of the preparatory measures, which generates uncertainty as to the starting point of the expiration period. The methodology used in this work takes a mixed approach, in addition, a non-experimental design is applied, based on the review of doctrines, legislation and above all, on the quantitative and qualitative analysis of judicial resolutions corresponding to three courts of first instance in civil and commercial matters of the Judicial District of the Capital, which demonstrated the existence of a contradiction in Paraguayan judicial practice on the starting point of the expiration term of the preparatory measures of executive judgment; on the one hand, a position that is more consistent with the literal interpretation of Article 447 of the Civil Procedure Code; and, on the other hand, a position that is more consistent with Argentine judicial practice, which is the legal system that served as inspiration for the Civil Procedure Code.