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THE CONCEPT OF WORK COMPLETED ON THE ACTION OF NEW WORK STOPPAGE

Traditionally there was summary in nature interdictal protection aimed at ensuring interest, usually the shock of real rights, which required immediate protection.
not hard to imagine the disruption it may cause the actual enjoyment of the colidante the execution of works of any kind. However that procedurally
remains interested in a mechanism for immediate protection of a precautionary nature, those interests worthy of protection, the new LEC, changing only the terminology but maintaining the goal of the process, articulates a special summary procedure and within the channels of an oral proceeding.
action cessation of new work, which belongs in Article 441.2 LEC has no other purpose than the immediate cessation of works. To insist on this particular subject protection process is not an arbitrary matter. Bear in mind that nature to understand the purpose of this article, namely that the concept of finished work, which undermines the success of the action - far from the architectural concept of finished work.
One of the aspects that depend on the success of the action taken is that the work is found incomplete for the purposes of this action, and this will occur when the work remaining to be executed is likely to continue causing a serious and imminent on the right which is intended to protect the plaintiff. For example, if operated on the basis of a right of flight is affected by the new work, and the time of filing the application, the work is done externally by subtracting domestic auction run, the sentence is contrary to the interests of the plaintiff . The reason is simple, in this particular instance, then the interior work is not likely to affect the flying rights of the plaintiff, therefore, this is not the appropriate action.
Needless to say, the importance that in such situations the skills they can practice on this point, the date of preparation should be as close as possible to when to bring demand.
The stoppage of the work under this procedure shall be ipso facto by an order directed to the site owner or manager thereof. In any case, the demand will always be directed against the owner of the work to avoid a lack of passive legitimacy. It is at this early stage when the work will be paralyzed by judicial order, without going into the analysis of whether the work has been completed. But the further statement confirming the suspension of the work come from full analysis of this issue. And to find the work completed for the purposes of this action is likely to lead to a conviction in costs. Do not end there any problems litigant, but it is quite common to find a subsequent proceeding in which it is claimed, acting under article 7.2 CC, the damages suffered by the stoppage of the work since the suspension was ordered by court order, until raised by judicial decree.

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The validity of recognition in post conference practiced the photographic identification procedure

The issue before us is apparently resolved by case law to pronounce unequivocally that granting full evidentiary value to the identification parade in a circle even when such care comes preceded by a photographic identification at police headquarters, however, presents In our view vagueness and loopholes in their reasoning. Such consideration has been
object nuances necessary in order to clarify that in certain cases, a photo reconnaissance practiced so taints the subsequent irregular conference recognition. This clarification seems simply indispensable. The reason is obvious, what is the use extreme caution and safeguards to ensure that a fully credible witness recognized a suspect in a lineup if you have previously have seen the photographs of that subject at police headquarters without any warranty?
have been reported with unquestionable success of the Audiencia Provincial de A Coruña, as far as possible the photographic identification procedure was done following the procedure in Articles 368 and following of the LECr. Shelling this procedure are identified as necessary conditions for such recognition, the photographs show a plurality of the witness, that the photographs displayed are of subjects with similar physical characteristics and photographs of the suspects are clear with full view of his face.
If these precautions are observed in the subsequent recognition wheel is fully valid. If not observed, we conclude with TS in this case we can infer that the photographic identification procedure was conducted in a targeted manner, thereby vitiating the rear wheel recognition.
At this point, two observations are made.
First calls our attention to the warmth of the expressions used by the Court of A Coruña to refer to the use "to the extent possible" the guarantees of ss 368 and LECr. The expression should be categorical and unconditional.
The second issue is that you must think that a change has taken place in the probative value of these two figures. Traditionally, the photographic reconnaissance had no value as evidence of guilt sufficient, but as mere diligence to open a line of research. The evidence against him had been constituted by the ratification in plenary conference recognition. But now we should say, if you require the same precautions on the wheel that the photographic identification, the same, by itself, constitute evidence against him long enough to overcome the presumption of innocence. It should not frighten the fact that it is evaluating the suitability as a test of a measure traditionally practiced in police custody since the identification parade in a circle could also be practiced in this office without reason was invalid.
Another consideration is given to this reflection is convinced that on or not to endorse a test with another. This seems unnecessary since practiced with sufficient guarantees, ratified in plenary conveniently, diligence, either one or the other, regardless of the venue in which practice is enough evidence against him, and later practiced not introduce extra security. Furthermore, it is likely that the witness recognized in the second graph by the memory alive in their memories the image from the first care.
From a practical standpoint, the eventual police report which translate the photographic identification procedure must contain the specific number of photographs displayed and must be attached to the same all photographs are displayed, otherwise it would be impossible determine whether subjects who observed the witness had similar physical characteristics. In short, it is proceeding according required by law. The first step is that the wording of the police reports should be tailored to these requirements.