Publicity in judicial auctions: efficiency and speed in foreclosure proceedings
Keywords:
Judicial Auctions; Publicity; Forced Execution; Procedural Expediency; Nullity; GuaranteesSynopsis
This book analyzes the regulations and practice of judicial auctions, with special emphasis on the provisions on publicity established in article 733 of the Peruvian Civil Procedure Code. From a critical and legal perspective, the problems arising from current advertising methods that are far from new technological trends are developed, which contributes to unnecessary procedural delay, the nullity of auctions, which negatively impacts procedural speed. The work highlights the importance of effective publicity as a necessary input to guarantee transparency and participation in judicial auctions, and also identifies the limitations of the current regulatory framework, which frequently result in frustration of auctions or procedural annulments. In addition, a comparative analysis is carried out with legal systems in Spain, Argentina and Colombia, presenting proposals to improve Peruvian regulations and reduce execution times. The methodology used combines doctrinal and regulatory analysis with an empirical approach that includes case studies and recent statistics, allowing the impact of legal provisions on procedural speed and effectiveness to be evaluated. Likewise, a specific reform proposal is made to the Peruvian regulatory framework to optimize the use of advertising in judicial auctions, thus seeking to guarantee a balance between transparency, access and speed. This book is an essential resource for jurists, legislators and legal operators interested in modernizing enforcement processes and promoting a more efficient and fair judicial system.
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