Casuística de la sucesión procesal civil

Abstract

civil procedural succession has gained great importance in recent years, since it has become a procedural issue raised in a high percentage of procedures, both declarative and for enforcement; especially in the latter by the assignment of receivables, legal figure used in the legal and economic traffic consisting in the replacement of a creditor by another in the binding relationship on the margin of the debtor relationship, which in the process, especially if it has already been initiated, determines the suspension for the determination of who is the party to initiate or continue the process, and all this through an incident regulated in Sections 16, 17 and 540 of the Civil Procedure Rules (LEC), each with its own proceedings. Act 42/15 of reform of the LEC has essentially modified Section 540 of the LEC, on the procedural succession in the enforcement procedure, existing a wide variety of judgements in different directions, both in the assessment of the documentation provided and legally required to accredit the assignment of the object of the procedure that determines the succession (normally the creditors with the assignment of receivables) as in their own effects and consequences in the process, sometimes admitting it and continuing the procedure with the creditor assignee, or not doing so, so that the case is closed and the enforcement order is denied when the assignment takes place before the filing of the lawsuit. This paper is intended to clarify certain aspects in the main assumptions of the procedural succession, which are dealt with in the courts, the different interpretative solutions they offer, as well as a list of judgements in each one of the paragraphs as a sample of the different procedural and substantive casuistry of this topic.