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EXECUTION OF JUDGMENTS - LABOR LAW

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AFFAN Academia

Published on Apr 22, 2022

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#SeriesAFFAN #EXECUTIONS Chapter 2: EXECUTION OF JUDGMENTS WHAT ARE EXECUTION PROCESSES? THEIR PURPOSE IS TO ENFORCE A PREVIOUSLY DECLARED OR ESTABLISHED RIGHT BY MEANS OF A JUDICIAL REQUEST. 1. WHAT IS EXECUTIVE ACTION? IT IS THE FACULTY THAT A SUBJECT HAS TO GO BEFORE THE JURISDICTIONAL BODIES TO COERCIVELY OBLIGATE THE DEBTOR TO MAKE EFFECTIVE PAYMENT OF A RIGHT ALREADY RECOGNIZED OR ESTABLISHED. 2. WHAT IS THE EXECUTIVE TITLE? IT IS A DOCUMENT THAT INCORPORATES OR ESTABLISHES THE OBLIGATION TO PAY A CREDIT OR RIGHT. 3. WHAT IS THE EXECUTABLE ASSET? IT IS THE SET OF ASSETS, RIGHTS OR MONEY THAT THE DEBTOR HAS THAT CONSTITUTES ONE OF THE ESSENTIAL BUDGETS FOR ANY EXECUTION, SINCE WITH SUCH ASSETS OR RIGHTS IT IS INTENDED TO COVER THE AMOUNT OF WHAT IS OWED. 4. CAN EXECUTIVE TITLES BE EXECUTED BY MEANS OF THE LABOR EXECUTIVE PROCESS? Yes, THE LABOR CODE ESTABLISHES THAT WHEN THE EXECUTION IS PROMOTED BASED ON AN EXECUTIVE TITLE, THE PROCEDURE WILL BE STARTED WITH THE REQUIREMENT AND THEN IT WILL PROCEED ACCORDING TO THE EXECUTION PROCEDURE REGULATED IN THE LABOR CODE. (ART. 426 PENULTIMATE PARAGRAPH CT). 5. STATE THE PROCEDURE FOR EXECUTION IN LABOR MATTERS i. STEP 1: THE JUDGE MUST EX OFFICIO CARRY OUT THE SETTLEMENT WITHIN 3 DAYS AFTER THE JUDGMENT BECOMES EXECUTIVE. ii. STEP 2: THE SETTLEMENT IS NOTIFIED, THE DEBTOR MUST PAY WITHIN 3 DAYS. iii. STEP 3: IF THE DEBTOR DOES NOT PAY WITHIN 3 DAYS, THE DEBTOR IS REQUIRED TO PAY. i. IF THE DEBTOR DOES NOT PAY IN FACE OF THE REQUIREMENT, THE ASSETS ARE SEIZED. iv. STEP 4: ONCE THE ASSETS ARE SEIZED, THE AUCTION OF SAID ASSETS MUST BE CARRIED OUT, WITHIN A PERIOD OF NO MORE THAN 10 DAYS. v. STEP 5: ONCE THE ASSETS HAVE BEEN AUCTIONED, THE DEED OF TRANSFER OF OWNERSHIP MUST BE GRANTED WITHIN 5 DAYS, UNDER WARNING THAT IF IT IS NOT DONE WITHIN SAID TERM, THE JUDGE WILL GRANT IT IN DEFAULT. (ART. 426 CT) 6. WHAT RESOURCES MAY BE FILED AGAINST THE LABOR EXECUTIVE PROCEDURES? NO APPEAL WILL BE POSSIBLE, EXCEPT FOR THE RECTIFICATION APPEAL. 7. FOR WHAT REASONS IS THE RECTIFICATION APPEAL PROCEEDINGS? IT IS PROCEEDINGS AGAINST THE SETTLEMENT, DUE TO A CALCULATION ERROR. (ART. 426 2p CT) 8. HOW IS THE RECTIFICATION APPEAL PROCESSED? (ART. 426 CT) i.STEP 1: IT IS FILED WITHIN 24 HOURS OF NOTIFICATION OF THE SETTLEMENT. ii.STEP 2: IT IS RESOLVED OUTright WITHOUT FORMING AN ARTICLE. Follow us on our Social Networks FB @affanprivados ???? / affanprivados IG @affangt ???? / affangt If you are interested in any of our courses, leave us your information and we will contact you to provide you with more information: https://forms.gle/iSku3D97sYYRRbhK6 Remember that you have AFFAN!

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