Precautionary measures in Chilean Civil Procedures
Precautionary measures can be granted by the Court either before the trial begins or during the trial, when there are grave and qualify motives (art. 279 Civil Procedure Code) to believe that the defendant may be in serious trouble to fulfill his obligations if he is defeated.
If the precautionary measures request is filed before the beginning of the trial, the plaintiff has to give a surety or any other guarantee, to secure that the lawsuit will be filed within 10 days this precautionary measure has been granted. The lawsuit must indicate that the plaintiff is asking to maintain the precautionary measure, otherwise, it will be lifted
If the lawsuit is not filled, then the plaintiff is liable for all the damage this measure may cause and the fine the judge will impose for not filing the lawsuit. Courts in Chile usually only accept as guarantees bank deposits or mortgages on properties in a similar amount of the precautionary measure requested.
If the precautionary measure is requested during the trial, then the guarantee is no longer needed.
The precautionary measures usually accepted are the seizure of an appropriate amount of money, the prohibition to enter any agreement with regard to some goods, or the appointment of one or more auditors. If needed more than one precautionary measure will be granted and precautionary measures that are not named in the Chilean Civil Procedure Code can be granted if they judge sentence that they are needed.
Last modified: 05/05/2020