THE STABILIZATION OF ANTECIPATORY GUARDIANSHIP THEIR CONTROVERSIES AND THE MODIFICATION POSSIBILITY OF THE ANTICIPATORY DECISION AFTER THE PASSAGE IN ALBIS OF THE TWO YEARS TERM.

Abstract

This study analyzes the main aspects of the stabilization of the anticipated guardianship required in an antecedent character brought by the Civil Procedure Code of 2015, highlighting the possibility to argue the material law as a matter of defense after the passage in albis of the two years term. Initially, its origins will be analyzed so that the technique that influenced this institute will be identified, and the study of its presuppositions and controversial points in the doctrine will be studied. After confirming its requirements and the legal nature of the decision, the study faces the doctrinal controversies about the modification of the anticipatory decision after the lapse of two years.

Keywords

• stabilization of early guardianship
• origins
• legal nature
• effects
• decision modification