Precautionary Measures innominates in Colombian legislation

Abstract

In the normative precedent of Colombian procedural legislation is found in the fourth book of the Code of Civil Procedure, the precautionary measures of seizure and kidnapping, these were the main mechanisms that ensured the claim. With the entry into force of the General Code of the Process, the unnamed precautionary measures are established, stipulated in article 590 in its literal C of the legal body in comment. A legislative advance in procedural matters is notable, since the Judge is empowered to decree, at the request of the party, decree measures other than those already stipulated for declaratory processes. This raises the following question: What is the procedural importance of the precautionary measures unnamed in Colombian legislation? The objective is to identify the usefulness of its regulation and what elements the judge must take into account when making the decree of the unnamed measure, without at some time becoming arbitrary and making the situation of the claim more burdensome, and even You are violated rights.