Executions of decisions of writ of mandamus

Abstract

The article elucidates some controversial aspects of the enforcement of judgments issued in writs of mandamus. The aspects revolve around provisional compliance and the initiative for compliance. Initially, it presents how these aspects are or should be dealt with in the ordinary rite, governed by the Civil Procedure Code (CPC). It then points out that the writ of mandamus is a civil action that only differs from others by the limitation of its object and the special nature of the procedure it triggers. The article then demonstrates that the grounds invoked by the legal literature to argue that all decisions handed down in writs of mandamus can be provisionally enforced and enforced ex officio by the court are incorrect. It also points out that there is nothing in its object and rite that guarantees this. However, the article points out that there are certain decisions in writs of mandamus that can be provisionally enforced and enforced ex officio. It concludes by explaining which decisions these are and the reasons for them having such aptitudes.