Identifier: TFG:1110
Authors: Mañé Valldeperez, Rosa
Abstract:
The Spanish “règim d’impugnació judicial d’acords” showed big inadequacies for not having changed substantially his law since its regulation in the Spanish LSA of 1951. High number of contest procedures were initiated for purely procedural or irrelevant reasons, so the courts had to turn down the request based on arguments of little relevance after all the ordinary procedure was been processed. It was a really waste of time. So to avoid both the opportunistic use of the right of appeal and to decongest the courts of petty procedures, Spanish Law 31/2014, of December 3, has made changes to this regime. The most remarkable issue is the article 204.3 II LSC, which regulates that the resolution of essential or determinant nature than the new reasons of objections set out in Article 204.3 I LSC shall be settled by an incidental question of priority pronouncement. This incidental question, without concretions, allowing a wide range of questions to be resolved. These questions are the object of this work, which include who, when and how the question has to be interposed. Other procedural questions included are problems about who have to admit the question, the suspension of the main process, its way of life and its resolution. Finally, its true effectiveness is analyzed too, and some alternatives are been looked for because, in personal opinion, that solution does not improve a bit the already complicated world of this procedure.
Repositori URV