Personal defenses of the respondent in executive procedures: A incoherence between Peruvian Code of Civil Procedure and Securities Law

Abstract

The authors stress that the Peruvian executive process is not in accordance with the new constitutional scene since adopts a classical execution model that does not fulfill the right to a full defense in its balance with the effectiveness of the process. Therefore, they observe that this type of execution is not according to the subsection 2 of article 19 of the Peruvian Securities Act, which allows initiating a discussion based on personal defenses, even when the article 690-D of the Peruvian Civil Procedure Code prohibits it.