A responsabilidade patrimonial e suas consequencias no processo civil

Abstract

This work seeks to show how the liability arose in our legal system and the means by which she comes surviving, meso before all changes made in the code of civil procedure. The liability is the liability of the debtor's assets coativo service provision, triggered as a result of the crisis that is established for non-compliance of spontaneous and bay obligation consequent need for guardianship coativa State, so we can say that the liability may limit the right of ownership of the debtor or the person responsible, because all of its assets, present and future economic value, they are subject to judicial Executive economic activity, provided that there is no limitation policy, cultural made by the legislature to prevent the expropriation order. The guarantee of lenders lies in the debtor's patrimony. While the debtor, in the course of his life legal practice acts that do not pose in shock the guarantee of its creditors, it is fully free to act within the capacity that the Law grants you, however if you act differently his deeds may be canceled by action Pauliana, or incident in own records any action in order to safeguard tramite stage equity Executive consisting primarily on identifying goods, subject to garnishment, valuation of these assets and expropriation, i.e. Award in favor of exeqüente or persons specified in § 2 of article 685 of that code or transfer by private or on divestment initiative auction publishes or usufruct of movable or immovable