Cuantificación de la demanda y sentencia con reserva de liquidación
- Abrisqueta Costa, Pedro
- Guillermo Ormazábal Sánchez Director
Universidade de defensa: Universitat de Girona
Fecha de defensa: 29 de maio de 2014
- Teresa Armenta Deu Presidente/a
- Fernando Gascón Inchausti Secretario
- Joan Picó Junoy Vogal
Tipo: Tese
Resumo
The present study deals with the quantification of the demand in relation to the sentence subject to settlement. This last institute is of great practical importance for having been the instrument chosen, in the Spanish civil procedural system, to address those cases in which, even still proving its existence, it is considered impossible to quantify the scope of a debit. To be able to shed light on this institute its legal nature has been examined, proving that it is just functioning as a mere statement of sentence. The consequences of this demonstration is significant, as it affects questions as relevant as the ones referring to its provisional enforceability, to the prudential and adequate measures to preserve their effectiveness, to the enabling of guardianship merely declarative in the scope of the monies, or the reach of the requirement of completeness of sentences