Abstract

DELGADO CASTRO, Jordi  and  MORALES ROJAS, Paula. Problems of design of the Chilean civil monitorium: lessons to share. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2016, vol.46, n.125, pp.329-355. ISSN 0120-3886.  https://doi.org/10.18566/rfdcp.v46n125.a05.

The objective of this article is to explore the main procedural errors in the design of the Chilean civil monitorium procedure. To achieve this objective, the weaknesses of the current credit protection system have been analyzed. Subsequently, and emphasizing the most relevant ones that have to be present in the design of the monitorium procedure, the work carries out, facing the civil procedural reform that is getting closer, a revision of the most critical procedures of its regulation in the Chilean Civil Procedure Code Project, considering the Colombian experience in the matter. The findings are significant: collapsed courts, a current system of credit protection that is not capable of responding to civil and commercial traffic, and a draft monitorium procedure that, while being a truly useful instrument that brings, in comparison with pre-existing instruments, a significant improvement of the protection of certain credits, requires adjustments in order to guarantee the fundamental right to judicial protection.

Keywords : Civil monitorium procedure; civil procedure reform; draft Civil Procedure Code; judicial protection of credit; preparatory management of the executive procedure.

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