Análisis de las reformas a las causales de improcedencia del abandono en el COGEP.

Abstract

Abandonment is an extraordinary way of conclusion of the process, which implies that one of the parts has set aside the impulse of the process, because of him or her disinterest in the conclusion of the process; and that results in the process file. The law set budgets for abandonment; and regulates impropriety causes; in this research work we will study these causalities, starting by analyzing the ratio legis of them, which according to several jurists lies in the asymmetrical relationships that exist between the parts of the process. We will begin by defining abandonment as an institution of procedural law and as an extraordinary form of conclusion of the process, then we will make an analysis of The Spanish-American legislation in this regard and the evolution of the causal causes of inimpropriem through the history in our country; to conclude with a comparison between the causalities that existed in the previous code and the proposed reform, analyzing each of the causal reasons, from a constitutional, doctrinal and legal point of view.