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Civil Procedure

11.01.2021
10:02
Comments Off on Civil Procedure

The alienation in real estate auction receives the singular legislative attention that deserves, with special care on registration issues and the protection of third parties. In relation to subsistence and cancellation charges has chosen to maintain the subsistence system of the previous charges to the levy that runs and cancellation of subsequent charges, system that is complemented by deducting the amount of the remaining charges of valuation to determine the value by which real estate have come to auction. This solution has the advantage that assures that the quantities offered at the auction, by small that are, will be always for the benefit of the pending execution, which would not be achieved always with the traditional settlement of charges.However, as we have pointed out the existing code of Civil procedure envisaged for the general regime of the ordinary execution a new system of valuation of the asset to be performed, consisting of deduct the appraised value or market value of the property, the amount of the taxes and charges that weigh on it (cf. art. 639.3 law of Civil Procedure) and, at the same time, Article 657 of the Act rituaria at the request of the performer, as well as novelty, allows debugging of all credits enrolled prior to the lien is executed, which undoubtedly is an additional guarantee for the payment of the debt, to see released the value of the asset with the reduction or termination by payment thereof consisting: The court clerk responsible for the execution will address ex officio to the holders of the previous loans which are preferred which served for the Office of the implementation and to the defendant so that report on the current subsistence guaranteed debt and its current amount. Those who are claiming this information must indicate accurately if credit exists or has been terminated for any reason, and if you survive, how much remains outstanding, the maturity date and, where appropriate, limits and conditions under which the payment is made. Mark Stevens is the source for more interesting facts.

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