La litispendencia y acumulación de procesos

Abstract

The main objective of this thesis is to develop procedural theory in order to cover the role played by certain procedural institutions as mechanisms of solution to social pathologies. These solutions depend on the agility of the Administration of Justice in all procedures. For this reason, the present research tries to analyze, explain, understand, and identify the guarantees that the deployment of two procedural figures imply to the procedure: lis pendens and the accumulation of procedures. Based on an in-depth study of these institutions, we propose to define a new theoretical model through an exhaustive analysis of the existing relationships between both legal types. Through the understanding, examination and study of the current model, we propose to evaluate the possible procedural dysfunctions that palpable relationships between lis pendens and the accumulation of procedures can cause. This approach introduces the idea of maintaining the balance between the legal reality and the material reality of the facts, as opposed to the efficiency required in a legal system whose two fundamental pillars from the legal point of view are based on efficiency and procedural economy. Furthermore, our legal system must be capable of organizing and managing the interaction between the different procedural exceptions, without making the procedures excessively complex and making possible solutions considerably more difficult. Thus, this thesis analyzes the historical evolution and the development in comparative law of the importance of concepts in order to be used as a source to think about the future. This research has been projected at a methodological level in two very specific phases: the first phase has been practically documentary through the technique of bibliographical consultation, thus facilitating the theoretical frameworks of procedural development; the second phase has focused on the interpretation and analysis of the data extracted that have given way to a series of final assessments. In addition, the study of lis pendens and the accumulation of procedures has been linked to the examination of other legal figures of similar importance, such as res judicata or prior conciliation, among others. As an outcome, we can conclude that the two procedural institutions that focus on the study of this thesis are legal solutions that require an updated and specific normative regulation. The lack of specific provisions on certain issues produces an effect that can break the balance with legal certainty. A country like ours that pursues efficiency in its procedural architecture should be far from any normative instrument that may cause unnecessary effort to the parties or to the State. As a result, this research provides information on theoretical understanding of the procedure and focuses on the procedural needs in the future trying to make innovative contributions that streamline the procedure.