Podcast
Questions and Answers
Under what condition is the granting of an urgent guardianship of an advanced nature precluded?
Under what condition is the granting of an urgent guardianship of an advanced nature precluded?
- When the party demonstrates sufficient financial guarantees.
- When the effects of the decision are easily reversible.
- When there is a risk of irreversibility of the effects of the decision. (correct)
- When there is an explicit legal provision in favor of the applicant.
In situations where urgency is contemporary to the filing of an action, to what must the initial petition be limited?
In situations where urgency is contemporary to the filing of an action, to what must the initial petition be limited?
- To a detailed narrative of all factual and legal arguments but without indicating the desired final guardianship.
- To the summary of jurisprudence favorable to the claim, limiting any exposition of the case.
- To the listing of all potential witnesses.
- To the request for advanced guardianship and indication of the request for final guardianship. (correct)
If the judge determines there is no ground for granting advanced guardianship, what action will the judge order?
If the judge determines there is no ground for granting advanced guardianship, what action will the judge order?
- Referral to mediation, suspending the procedural deadlines.
- The judge will directly analyze the merits of the case, provided the facts are clear.
- Amendment of the initial petition within 5 days, under penalty of dismissal without resolution of merit. (correct)
- Immediate dismissal of the case without possibility of appeal.
Under what circumstances does a party become liable for damages caused to the opposing party by the execution of an urgent guardianship?
Under what circumstances does a party become liable for damages caused to the opposing party by the execution of an urgent guardianship?
What is the main defining characteristic for granting Evidence Guardianship?
What is the main defining characteristic for granting Evidence Guardianship?
What is the deadline for the author to amend the initial petition, with the complement of your argument, the attachment of new documents and the confirmation of the request for final protection?
What is the deadline for the author to amend the initial petition, with the complement of your argument, the attachment of new documents and the confirmation of the request for final protection?
What elements can provisional guardianship be based on?
What elements can provisional guardianship be based on?
Except for a court decision to the contrary, how long does Provisional Guardianship remain effective?
Except for a court decision to the contrary, how long does Provisional Guardianship remain effective?
In which of the following situations is granting evidence-based guardianship justified?
In which of the following situations is granting evidence-based guardianship justified?
When will urgency protection be granted?
When will urgency protection be granted?
Flashcards
Basis for Provisional Remedy?
Basis for Provisional Remedy?
The provisional remedy can be based on urgency or evidence.
Manner of Granting Provisional Remedy
Manner of Granting Provisional Remedy
It can be granted in an antecedent or incidental manner.
Effectiveness of Provisional Remedy
Effectiveness of Provisional Remedy
Unless judicially decided otherwise, it remains effective during the period of suspension of the process.
When to Grant Provisional Remedy?
When to Grant Provisional Remedy?
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When NOT to Grant Provisional Remedy?
When NOT to Grant Provisional Remedy?
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Petition Limited
Petition Limited
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After Provisional Remedy Granted?
After Provisional Remedy Granted?
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What if no elements?
What if no elements?
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Tutela of Evidence Granted
Tutela of Evidence Granted
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Evidence
Evidence
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Study Notes
Provisional Guardianship
- Provisional guardianship can be based on urgency or evidence.
- Provisional guardianship of urgency, whether cautionary or anticipated, may be granted on an antecedent or incidental basis.
- Unless judicially decided otherwise, provisional guardianship remains effective during the suspension of the process.
- Guardianship of urgency is granted when there is evidence of the likelihood of the right and the danger of damage or risk to the useful result of the process.
- Guardianship of an anticipated nature will not be granted when there is a danger of irreversibility of the decision's effects.
- A party is liable for damages caused to the adverse party by the enforcement of guardianship of urgency if the judgment is unfavorable, the necessary means for citation of the defendant are not provided within 5 days when guardianship is obtained on an ex parte basis, the effectiveness of the measure ceases under any legal hypothesis, or the judge accepts the allegation of forfeiture or prescription of the author's claim.
- When urgency is contemporary with the filing of the action, the initial petition may be limited to the request for anticipated guardianship and the indication of the final guardianship request, with the exposure of the dispute, the right to be realized, and the danger of damage or risk to the useful result of the process.
- Once the anticipated guardianship has been granted on an ex parte basis, the author must amend the initial petition by complementing the argumentation, attaching new documents, and confirming the final guardianship request within 15 days or another longer period set the judge.
- If the judicial body understands that there are no elements for granting anticipated guardianship, it will determine the amendment of the initial petition within up to 5 days, under penalty of being dismissed and the process being terminated without resolution of merit.
- Guardianship of evidence will be granted regardless of the demonstration of danger of damage or risk to the useful result of the process.
- The hypotheses for granting guardianship of evidence are: the abuse of the right of defense or the evident dilatory purpose of the party is characterized; the allegations of fact can only be provendocumentally and there is a thesis established in the judgment of repetitive cases or in a binding summary; it deals with an ownership request based on adequate documentary proof of the deposit agreement, in which case the order of delivery of the guarded object will be decreed, under penalty of a fine; the initial petition is instructed with sufficient documentary proof of the facts constituting the author's right, to which the defendant does not oppose evidence capable of generating reasonable doubt.
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