Examples of Universal Judgments

The universal judgments are those in which the totality of a person’s assets can be affected, including assets and liabilities. For instance: probate trial, bankruptcy trial.

The process works in such a way that everything that the person owns is exposed to the sanction, and then a forced execution of the debtor’s obligations can be carried out, in the particular case that he does not carry out the assignment of what he owes by his own means.

In fact, the very idea of ​​universal judgments affects the principle of universality, to the extent that it works by the recognition of some human rights, in such a way that the exposure of the total heritage of individuals can compromise them in this sense. There are mechanisms to guarantee access to certain rights beyond the full exposure of the assets in a process of this type.

The universal judgments par excellence are the contests (commercial lawsuits) and successions (civil lawsuits). The idea is to reliably determine who are those who have the right to access all the assets of a person (natural or legal) who will no longer have them, in the case of bankruptcies a creditor and in the case of successions a deceased.

Examples of universal judgments

The seven particular cases of universal trials are listed below, of which the first four are civil and the last three are commercial.

  1. Probate succession trial. When the will of a person has been embodied in a legal instrument in which it designates to which people it leaves its property and rights.
  2. Ab-intestate probate trial (without will). When the deceased person did not grant a valid will, so those who consider they have any rights should go before a judge.
  3. Succession trial of probate of will. By means of a notary, the document is validated to take it as a will.
  4. Succession trial presumably vacant. Process in which apparently there are no successors, with the intervention of the police authority and the State prosecutor’s office.
  5. Trial by preventive bankruptcy. Presumption of insolvency by the debtor, so that the debts can be renegotiated avoiding bankruptcy.
  6. Bankruptcy lawsuit. Procedure possible to be requested by the creditor or the debtor, from the cessation of debt payments.
  7. Contest of creditors. Procedure that takes place when a natural or legal person falls into a situation of insolvency, where he cannot face all of his debts.