The Procedural Stagnation in the Bolivian Civil Execution:Critical Analysis of the Judicial Auction and Alternatives forthe Effective Protection of the Creditor’s Credit

Abstract

Civil enforcement in Bolivia has serious shortcomings when the judicial auction fails, and the creditor is unwilling or unable to take possession of the debtor’s secured property. This article critically examines the exclusive and repeated use of the auction as a mechanism for the realization of assets, revealing how this practice generates a procedural stagnation incompatible with effective judicial protection. Based on a comparative and doctrinal approach, it analyzes alternatives such as direct alienation, voluntary dation in payment, pre-judicial pledge or judicial antichresis, the social assignment of the property or the intervention of specialized entities. A regulatory reform is proposed to broaden the judge’s powers and make the means of execution more flexible in order to guarantee the creditor’s right to the satisfaction of the credit, thus ensuring the functionality of the process.