THE IMPENHORABILITY OF THE FAMILY PROPERTY IN THE LIGHT OF THE PRINCIPLE OF THE EFFECTIVENESS OF THE EXECUTIVE GUARDIAN: ANALYSIS OF THE POSITIONING OF THE SUPERIOR COURT OF JUSTICE

The present work analyzes the interpretation of the Superior Court of Justice about the impenhorability of the family property. Recognizing the effectiveness of executive protection as a fundamental right resulting from the unfeasibility of the jurisdiction, the Superior Court of Justice has adopted other criteria in addition to the legislative provision for exceptions to the impenhorability of the family propery, seeking to weigh up the debtor's fundamental rights, such as the dignity of the human person, housing and the right to an existential minimum, and other rights that aim to honor the creditor. It is concluded that the recognition of the fundamental right to the effectiveness of enforcement has been a criterion for making the rule of non-enforceability more flexible.

Abstract licence: CC BY

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