What is a suspensive effect?

On occasions, especially when an appeal is filed, it may be the case that the effects and execution of the contested judgment are suspended. Although this event does not always take place in the jurisprudence -for this, a series of assumptions have to be produced- the truth is that the judicial process could come to a standstill. This concept, known as the suspensive effect, is extremely decisive in any judicial process.

What measures a suspensive effect?

The effect of some appeals provided that the effects of the contested resolution are suspended. When this effect takes place, the judicial process is paralyzed until the second instance judge can resolve the appeal of appeal relevant. That is, no one will be able to carry out any procedural procedure before the judge of first instance until the suspensive effect is resolved.

In which cases is there a suspensive effect?

As we have already advanced, a series of situations have to occur for the suspensive effect to take place. For example:

  • The contested judgment is related to the marital status of the persons involved.
  • The judgments or resolutions that have been challenged by the two parties involved.
  • The sentences or resolutions in which all the claims have been denied.
  • The sentences or resolutions that are declarative in nature.

Whenever there has been a situation other than those mentioned, a refund effect (but not suspensive) will be granted.

Leave a Comment