La acumulación de autos como excepción previa en el COGEP.

Abstract

The joinder of cases constitutes a legal institution that seeks to have two or more cases dealt with jointly by the same competent judge, thus obtaining a single judgment in litigation. The previous legal concept avoids contradictory judgments and thus does not conflict with other institutions such as the Res Judicata since, if there were two contradictory judgments, the execution of those judgments would be complex. The joinder of cases is regulated as an incident within the General Organic Code of Processes. However, the current work, intends to propose that it be deduced as a preliminary objection since it is considered a defense mechanism, such as the Res Judicata and the Litispendence. Either way, in the event of a denial of any preliminary objection, an appeal may be lodged, whereas such challenge mechanism is not contemplated in joinder of cases as an incident. Therefore, the joinder of cases should be considered as a preliminary objection and should be classified as such.