How to achieve the effectiveness of civil judicial execution through the activation of alternative enforcement mechanisms

Abstract

Due to the current health emergency situation, our economy is experiencing a devastating recession, the extent of which is still uncertain. What is foreseeable is the increase of forced judicial executions, before which the Administration of Justice will have to respond according to the circumstances.

This paper aims to show that a better enforcement of goods is possible through alternative mechanisms to the ineffective judicial auction. This is confirmed by the practice of our courts of justice, which shows a better response to the claim of unpaid debts when the chosen mechanism for enforcement is the one who offers article 641 of the Spanish Civil Procedure Law.