Tercería de dominio; crónica de problemas resueltos

  1. Eugenio Pizarro Moreno
Journal:
Práctica de tribunales: revista de derecho procesal civil y mercantil

ISSN: 1697-7068

Year of publication: 2022

Issue: 155

Type: Article

More publications in: Práctica de tribunales: revista de derecho procesal civil y mercantil

Abstract

In its origins, the third-party domain was raised, in Roman law, when a third party, who acted in collusion with the executed on many occasions, appeared in the (execution) procedure claiming that the things that were intended to be auctioned belonged to him for a better right or by virtue of a previous acquisition; This is how third-party domain ownership is born, which are currently regulated in the LEC, but which continue to pose notable problems in the execution of seized assets and, therefore, in the consequent guarantees that this procedure must offer to the creditor who seeks to be legitimately collected with the judicial realization of the goods.