RT info:eu-repo/semantics/doctoralThesis
T1 Presente y futuro de la procura
A1 Andrés González, Marta
A2 Universidad de Valladolid. Escuela de Doctorado
K1 Procuradores (derecho)
K1 Procedural law
K1 Procurador de los tribunales
K1 Execution of judgment
K1 Ejecución forzosa
K1 5605.08 Derecho Privado
AB The technical complexity and richness of procedural law in the Spanish legal system results in the existence and intervention of different legal professionals. The present study is limited to the figure of the Procurador de los tribunales.The first part is dedicated to the study of the profession: requirements for access, functions, responsibilities, relationship with each of the legal operators and with the litigants, as well as the moments and causes of completion of their activity. Once this analysis has been realized, we will position ourselves around the possibility and/or convenience of the procedural application being carried out by a single figure as happens in many of our neighboring countries or if, on the contrary, it is more beneficial to maintain its autonomy through two professionals: lawyer and procurador. As a corollary, we will argue in relation to the nature of this requirement, optional or mandatory, with the exceptions currently contemplated by the Law and we will provide a critical view of these extremes.In the second part of the study, we will propose solutions for the best functioning of the Administration of Justice that materialize in the attribution to this group of certain functions, with the control and supervision of the judicial authority such as: granting of powers, acts of communication, alienation forced possession of property and, with great vehemence, the execution of judgment. In addition, the process of technological change and digital transformation that is taking place worldwide is reflected in business and personal assets, as well as in contracts. Therefore, if these resources have become part of the patrimony of the people, our procedural legislation and the regulation of execution have to adapt to them, making it possible to take urgent measures related to them. The self-executable format must respect the right to resort to a judge to penalize an irregularity, control the proportionality of the enforcement measure or repair possible damage. Access to justice and the right to compensation for damages in the framework of a fair trial are necessary conditions to guarantee respect for fundamental rights.We defend that the Procurador de los tribunales, who in addition to representing the party, has been assigned other functions of great importance included in his public facet as a collaborator of the Administration of Justice, becomes an Execution Agent, granting him the necessary powers and capacities to do so. The delay of the processes and the lack of success in the execution of firm judicial sentences detract from our Justice. European and world experiences show that through Enforcement Agents the defendant is provided in time with effective protection of their rights. The Procurador has all the training, requirements and tools to undertake this work, but it is necessary that new functions be attributed to him in this matter, adapting this figure to the current needs of Justice. In illo tempore the Procura has been adapting to the needs of Justice and currently the institution cannot remain static in the face of a changing system.Finally, the Justice Plan 2030 and the role that is attributed to the procurador will be examined, lastly proposing issues that are not contemplated in it and that in light of the evidence put manifested throughout this thesis we consider that they should be taken into account since they result in a benefit for the whole of the Administration of Justice, which is the motive of the office of Procurador de los tribunales since its birth. In this way, the profession would fulfill its ultimate goal, which is none other than to enable the term Justice to be deployed at its best.
YR 2023
FD 2023
LK https://uvadoc.uva.es/handle/10324/61859
UL https://uvadoc.uva.es/handle/10324/61859
LA spa
NO Escuela de Doctorado
DS UVaDOC
RD 04-jun-2024