Study of unnamed interim reliefs, in force under the general code of procedure

Abstract

Throughout the legislative history Colombian, are numerous reforms that have tried the Judicial Branch to channel an efficient model of justice, where decent access to privilege, applying expeditious procedures for the prompt settlement of disputes under different jurisdictions and that are commensurate with the essential purposes of the rule of law, enshrined in the 1991 Constitution. It is clear that policy proposals to achieve judicial excellence, lie in the possibility of an effective solution to the ongoing suffering of congestion in the offices of the country, however it every day the process itself, complex it becomes, as it appears the difficulty fail litigation or cause assigned in the shortest time possible, plus the growing number of conflicts and disputes of interest that no culture of reconciliation, they are assigned to judges to decide what the law required. The genesis of this problem has been attributed to him in civil, commercial, family and agricultural matters, the prevailing procedural model of Decrees 1400 and 2019 of 1970, by which it adopted the Code of Civil Procedure, as contemplated wasteful procedures, which for 45 years could rapids, but in the present state are incompatible with the realities of life rhythm of society. This is how the Law 1564 of 2012 enacts the General Code of Procedure and that is the expectation that its implementation in Colombia, serve to end the backlog, however it brings novel procedural elements born, among which find the incursion of information technology, orality, change to prevailing procedures and the adoption of procedures not provided in support of effective judicial function. The General Code of Procedure brings procedural innovations from various kinds, including the variation of the coercive measures envisaged and nominees for certain processes, they can petition and decree caution is unnamed, implying not only ensure the effectiveness of future judgment by the claims, but also the removal of certain distracting or acts prejudicial to the plaintiff, who formerly could not be suspended by the absence of powers granted by law to judges. Thus arises the problem to develop, aims to establish budgets for the trial judge in civil, commercial, family and agricultural matters, may order the innominate caution.

Keywords

• cautela, nominada, innominada, apariencia de buen derecho, peligro en la demora, urgencia, decreto judicial, discrecionalidad