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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.