|
|
|||
|
||||
OverviewThe 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. Full Product DetailsAuthor: Nat�cia Duarte Da SilvaPublisher: Our Knowledge Publishing Imprint: Our Knowledge Publishing Dimensions: Width: 15.20cm , Height: 0.30cm , Length: 22.90cm Weight: 0.095kg ISBN: 9786207723645ISBN 10: 6207723643 Pages: 56 Publication Date: 28 June 2024 Audience: General/trade , General Format: Paperback Publisher's Status: Active Availability: In stock We have confirmation that this item is in stock with the supplier. It will be ordered in for you and dispatched immediately. Table of ContentsReviewsAuthor InformationTab Content 6Author Website:Countries AvailableAll regions |