Impugnación de la cuantía y de la clase de juicio por razón de la cuantía (art. 255 LEC)

Abstract

The determination of the amount involved in the procedure, despite its instrumental nature, is an essential issue that will have an influence on various aspects, both procedural and substantive, the most important being the determination of the type of proceedings to be applied in order to resolve the dispute that is the subject of the claim. Initially established by the plaintiff in the complaint, and by operation at law by the judicial body in certain cases, the defendant may challenge the amount involved when he/she understands that, if correctly determined, there would be another proceedings applied, or the cassation appeal would be appropriate as stated in Section 255 of the Civil Procedural Act (LEC). The incomplete wording of this section raises several questions, such as whether it is possible for the defendant to challenge the amount involved when it does not affect the type of proceedings or access to cassation, when such a challenge should be made and when it should be decided by the judge? The Tribunal opinion that the defendant should clearly show his opposition to the amount fixed in the claim, provided that it is contrary to his interests, and subject to controversy by means of the corresponding challenges.