Ciertas cuestiones relativas a la acumulación de autos en el Código Orgánico General de Procesos.

Abstract

The accumulation of processes is a legal institution of procedural law, which aims to avoid the existence of contradictory judgments, through the meeting of two or more processes, to be resolved in a single sentence. The aforementioned institution has a procedural moment to be requested at a trial, that is, in the preliminary hearing, which can cause harm for the parties, since they can come to their knowledge of other processes, subject to accumulation, once the preliminary hearing occurred. They would lose the opportunity to request it and the consequences can be the existence of contradictory judgments. Likewise, the General Organic Process Code establishes that this incident is resolved in a preliminary hearing, but it does not specify what occurs in the executive and summary judgments. In addition, there is no general chapter on how to request incidents, nor a special chapter for this legal institution. For the above reasons, it is necessary to analyze this institution from its concept, provenance, distinctions with other legal figures, and the procedural moment of requesting it, procedure of foreign laws of this incident, of the accumulation of writs of executive and summary judgments and of the diversity of instances.