Características y desarrollo de una vista de medidas cautelares del art. 734 LEC

Abstract

The aim of the precautionary measures procedure is to ensure the effectiveness of the future decision, the efficiency of the administration of justice. The procedure is fast, agile and instrumental, serving as an accessory to the main complaint, with a view to obtaining a provisional decision that guarantees the rights of the plaintiff in need of protection from the start of the proceeding. The requirements of the measures and the principles under which they are applied influence the hearing stage of article 734 of the Law on Civil Procedure, as well as the different types of precautionary measures that can be adopted. The procedural activity of the parties at the hearing, especially in view of the very short deadlines applicable, is essential for the adoption of the measure or the dismissal of the opposition lodged ex parte. The arguments of the parties and the evidence submitted at the hearing can only refer to the budgets of the measures and the surety required from the applicant to guarantee any damage that the measure may cause to the defendant if the decision in the main complaint were unfavourable, but many other issues can be covered, such as the substitute surety or new events that subsequently occurred. The hearing relating to the measures cannot be a reproduction of the main trial, although all aspects supporting the measures when they occurred may be discussed and attested to by means of evidence during the hearing, especially the appearance of legal standing of the plaintiff and the danger of procedural delay.