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Astreintes: effects, limits and review in situations provided for in legislation



This article aims to analyze the effects of astreintes, as well as their limits and possibilities for review provided for in infra-constitutional and constitutional legislation. Astreintes are a type of daily fine imposed for non-compliance with a court order, with the aim of compelling the debtor to comply with the obligation determined by the judge. Information will be presented on the concept of astreintes, its practical effects, legal limits and possible types of review.

 

In the legal sphere, the institute of astreintes aims to guarantee the effectiveness of the law, compelling the debtor party to fulfill an obligation determined by the judge. Astreintes are a form of punishment for non-compliance with a court order, establishing a daily fine that progressively increases until the obligation is fulfilled. This article aims to examine the effects of astreintes, their limits and the situations in which they can be revised, highlighting both the infra-constitutional and infra-constitutional legislation applicable to the topic.

 

1. Concept and effects of astreintes:

Astreintes are daily fines applied with the aim of compelling the debtor to comply with a certain obligation imposed by the court decision. The value of the astreintes is set by the judge and its charge is proportional to the time of non-compliance with the obligation. This measure aims to guarantee the effectiveness of judicial protection and prevent default by the debtor.

 

2. Legal limits of astreintes:

Astreintes are subject to legal limits and principles that aim to protect the fundamental rights of the parties involved. Among the applicable limits, the principle of reasonableness, the principles of proportionality and the prohibition of unjust enrichment stand out, as well as the limit established by article 537, §1, of the Code of Civil Procedure, which establishes the impossibility of the astrein exceed the value of the main obligation.

 

3. Possibility of reviewing the entrants:

There are situations in which astreintes can be reviewed. According to infra-constitutional and infra-constitutional legislation, it is possible to request a review of the astreintes when there is a change in the factual situation that justifies its review or when its excessiveness or disproportionality is found. Furthermore, it is possible to request a review of the obligations in the event of a change in the debtor's financial conditions, upon proof of the impossibility of fulfilling the obligation.

 

4. Infraconstitutional legislation and applicable jurisprudence:

The relevant legal provisions to regulate astreintes are found both in infraconstitutional legislation (e.g. Civil Procedure Code) and in jurisprudence. It is important to analyze the decisions of the higher courts to understand the guidelines adopted and the criteria used to establish and review the astreintes.

 

Conclusion:

 

Astreintes are fundamental legal instruments to guarantee compliance with obligations determined by the Judiciary. However, its use must be guided by the principles of reasonableness, proportionality and prohibition of unjust enrichment, respecting the established legal limits. It is necessary to carefully analyze the infra-constitutional and constitutional legislation applicable to the topic, as well as the current jurisprudence, in order to understand the effects, limits and situations in which the astreintes can be reviewed.

 

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