Provisional measures based on evidence or inconsistent defense

Abstract

This article aims to design a theoretical approach on the provisional measures which is based on the proof of the facts pointed by the plaintiff or in inconsistent defense made by the defender. In order to reach that objective, the author analyses what “inconsistency” means, arguing that it depends on the strength of the respondent’s defense on the merits (denying the plaintiff’s constitutive fact or introducing new facts) and the evidence that sustains it.