Formatting of specific protective measures and proportion of cognition scope
DOI:
https://doi.org/10.5433/2178-8189.2008v12n0p275Keywords:
Civil law, specific protective measures, legal cognition, procedural techniques, effectivenessAbstract
This study starts from the premise that civil protective measures are the expression of the fundamental right to protection, and require the use of the best available technique in the current state of art. Its article will show that formatting techniques of specific protective measures, implemented by combining preventive measures and means for their effectiveness, adapted to the concrete needs of the right in need of protection, and added to the technique of correct proportion of legal cognition scope, contribute for the rationalization of the legal activity. Consequently, such techniques simplify and accelerate the procedure, causing gains in terms of effectiveness.