Enforcement of Astreintes Fixed in Anticipation of Injunction - Silva, Natácia Duarte da
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The purpose of this paper is to analyze the existing doctrinal and jurisprudential discussion on the enforceability of the coercive fine imposed on the defendant in order to restrain him from complying with the court order granted in limine. In this regard, it was found that there are two distinct currents tackling the issue. Some scholars and judges deny this possibility, stating that the fine should only be enforced provisionally, so that if it is established that the plaintiff is not entitled to the claim, any credit arising from the fine will be void. On the other hand, there are those who…mehr

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Produktbeschreibung
The purpose of this paper is to analyze the existing doctrinal and jurisprudential discussion on the enforceability of the coercive fine imposed on the defendant in order to restrain him from complying with the court order granted in limine. In this regard, it was found that there are two distinct currents tackling the issue. Some scholars and judges deny this possibility, stating that the fine should only be enforced provisionally, so that if it is established that the plaintiff is not entitled to the claim, any credit arising from the fine will be void. On the other hand, there are those who argue that the pecuniary penalty should be definitively enforced as soon as it is established that the obligation has not been complied with, and is not conditional on the claim being upheld. This is because they believe that the fine is procedural in nature and not linked to the substantive right at issue.
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Autorenporträt
Bachelor of Laws from the Federal University of Rio Grande - FURG, Specialist in Civil Law and Civil Procedure from the Estácio de Sá University, Lawyer working in the civil, labor and social security areas. She held the position of Legal Advisor to the Municipality of São José do Norte/RS.