Identificador: TDX:2694
Autors: Castrillo Santamaria, Rebeca
Resum:
The Spanish civil legal system, aware of the difficulty for ordinary people to understand essential circumstances for the correct approach of a litigation, generally due to the lack of collaboration of the one who knows them, puts at his disposal a procedural mechanism that, under the name of preliminary proceedings, is regulated in arts. 256 et seq. LEC.
Its purpose is no other than to prepare and, if necessary, avoid future litigation. Consistent with it, the art. 256.1 of LEC has a catalogue of preliminary investigations numerus clausus with respect to which a flexible interpretation is provided that in the request that is deducted there are concurrent material assumptions for the purpose pursued, just cause and legitimate interest. The concurrence of these in the request that is deduced, as well as the provision of the bond established by the competent judicial body for its knowledge, will determine the practice of the preliminary diligence agreed upon.
Based on the above, arts. 256 et seq. LEC regulate a procedure, sometimes determining the interruption of the extinction prescription of the action, according to which will proceed to the preliminary proceedings, after summoning the respondent to collaborate, who may also formulate an opposition. And, in the case of a refusal to collaborate, a battery of consequences to that negative, among which stands out, for its constitutional transcendence, the entry and the registration.
However, this thesis is an integral study of the preliminary steps that seeks to advance in the path of their knowledge and in the overcoming of the forgetfulness and decay that in the past suffered because of the absence of consequences to the reluctant conduct of the required person to cooperate.
Repositori URV