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THE SUMMARY PROCEDURE

Articles 502 – 525 del Code of Procedure Civil
The summary procedure, in general terms, is conceived to be
a quick, effective procedure; however, in reality, it may take a long time
as much or more than an ordinary one.

CONCEPT:
Summary procedure is a fast processing procedure, established
for cases where the nature of the action taken requires this
condition for its effectiveness.
For certain matters expressly enumerated by the legislator and in which
It is necessary and convenient to fail quickly. It is a process.
declarative common but we can also say that
it is a special procedure.
Let us try to explain antinomia
this. or contradiction between you are two
opposing ideas. It is possible to distinguish between an ordinary process, like a process
plenary and those processes that being common, are not identified with it
ordinary type because they have less amplitude than this one, and they come to be called
summary processes.
Summary processes are also common processes, although different from
ordinary and they are not special processes because they, the summary trials,
they are thought for hypotheses endowed with a certain generality and not for cases
concrete or particular, in any case, in the Code of Civil Procedure, the
lawmaker considers a general summary process for application
general, but at the same time this same provision encompasses a procedure
The summary is special because it expressly enumerates the matters or businesses.
that must necessarily be processed according to its provisions.
We can then conclude that summary proceedings have this nature
addressing the subject that is dealt with in them, and should not be confused with the
calls plenary sessions fast, why these are nothing but
an acceleration of the ordinary process and lack limitations regarding their
field of application material (in the Code of Civil Procedure,
quick plenaries sun the minor and small claims trials,
in which, while maintaining the structure of the ordinary trial, the deadlines are shortened,
certain procedures are made easier or simply omitted.
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Thetrialsummaryit is aprocess of knowledge full, a true and

owntrialplenaryUnlike theordinaryit is not common, that is to say, it does not
ordinarily applies to all kinds ofcontroversyOn the contrary, it is destined
to substantiate issues specifically provided for in the law, which have been
enumerated explicitly.

It arises in the legislations, in general, as a truenecessityby subtracting

of the field ofordinarya variety oflitigationis that for the simplicity that the
they deserve consideration in accordance with theissuedebated.

To achieve this, they are abbreviateddeadlines,

acts are concentrated (thus thetestoffered
together withdemandyresponse); the number of witnessis limited to five
for each party and appoints a single expert; non-essential acts, such as
thepleaof good tested son suppressed; himself restrict
theappealofinterlocutoryand finally, it is about concentrating andto produceall
thetestinsynthesiseverything leads to an abbreviation and acceleration of forms
and stages without this preventing thesentencedeclare the certainty of therightof a
modedefinitive, that is, with strength of materially judged matter, as if it were about
onepronouncementrelapsed intoordinary trialthe historical origin of thesetrials
ofprocedureaccelerated, but respecting the fullness of thecognitivejudicial, if
find in the statutory regimes of the ancient Italian cities.

SCOPE OFEXTENSION:
Within the variety of issues that are processed through the route oftrialsummary,
It is necessary to distinguish those related to the [Link] those others that, they
they are easy to clarify.

It is not justified that thelitigationof little economic value are substantiated through
the ritual ofordinary trialwhose cost can simply be verysuperiorto the value
of what was intended.

The simplicity and straightforwardness oflawintended,

would becomeunjustimpose on the
act the deduction of aordinary trial, particularly when the relationshipwhat
it's easyjustification.
In general, the codeprocedural, they foresee theproceduresummaryfor the issues
next:
Payment by consignmentthelawsuitwhat it is deposited inconceptof
I pay for apresentation, At your servicefrom the judge, are easyprocessing, for it
that the planning of a does not justifyordinary trial.
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Divisionofcondominiumunderstand themtrials ofdivision of things

common, also called ofcessationodivisionofcondominium.
Causes of minorsamountthey are not justifiedprocedurelong and expensive for
little economic value.
Issues between co-owners: arising from the administration, and
thedemandthat were promoted byextensionof the law ofproperty
horizontal, unless special laws establish another type
ofprocedure.
Charge ofcrédito por rentofmovable goods.
Charging ofparty wall: the variedlitigations what occasion
thecondominiumof walls, fences, and moats.
Obligationofgrantwritingpublic
yresolutionofcontractofbuying and sellingofreal estateit's about two
different assumptions linked to the callingticket of
buying and sellingreal estate. The first one includes thepretensionto reduce
awritingpublish thecontractmade byinstrumentprivate.
Damages and losses derivatives ofcrimes yquasi-laws and of
breach oftransport. Accidentcaused by motor vehicles,
they have a precise object, what is itdeterminationof the guilt of theagenty
the amount of thedamages, what istestfor a small number ofwitnesss
throughopinion expert report. Thelegislatorha
treatyto subtract from theknowledgeof theordinary trial one subject each
more broad and numerous in modern life.
Issues related to restrictions andlimitsofcondominiumo
aboutcondominiumof walls and fences, and inparticular, those that arise
on the occasion of theneighborhoodurban or rural.
Suspensionof theexerciseof thehomeland powerysuspensiony
renewal of tutors.
Request for setting a deadline forcomplianceof theobligationwhen
it would not have been authorized to thedebtorto satisfy her, whenever I can or
you will have means to do it, as long as it is not aboutexecutive title.
Obligation to give enforceableamountit's about things orvalues, or to give
certain and determined movable things.
Cancellationofmortgageogarment.
Restitutionof something given inloan for use.
Questions about brands offactoryo oftradeof
namescommerciales.

FIELD OF APPLICATION OF THE SUMMARY PROCEDURE:

This summary procedure has the particularity of being applied widely in
defect of any another regulation special a
those cases in which the action taken requires for its nature a
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fast processing to be effective, to be common because it does not enter

specify the action that is required but rather pay attention to the nature of
the action to determine whether this summary procedure is applicable or not.
It will be up to the court to determine when this should be applied.
procedure based on the circumstances I mention, namely,
when the nature of the action requires this swift processing in order to be
effective.

CASES IN WHICH THE SUMMARY PROCEDURE APPLIES:

The general rule is the one already mentioned, whenever the
the nature of the action deduced requires a rapid processing in order to be
effective. However, there are also some cases where the
The legislator has estimated that it must necessarily be processed according to this.
procedure the exercise of the actions that he mentions, and that special rule
it allows us to say that this summary judgment, within the classifications
of the procedures, it is special.

CHARACTERISTICS O PARTICULARITIES DEL

SUMMARY PROCEDURE:
Its main characteristic is being verbal.
Another feature is the so-called substitution of the procedure. This
The request is processed incidentally. (It is also called conversion of
procedure).
It includes the so-called provisional concession of what was requested in the
demand or provisional acceptance of the demand, in the case of default
provisional access will be granted to what is requested in the complaint if
the actor requests it with plausible grounds.
Incidents should be promoted and processed in the
response hearing, together with the main issue and without
paralyze the course of this.

In this situation, the final ruling will be pronounced on the

deduced action and on the incidents that may have occurred
promoted, or only about these incidents, when they are previous o
incompatible with those main actions.
PROCESSING OF THE SUMMARY TRIAL:
Discussion period.
Like any lawsuit, it must begin with a complaint, but unlike what
what happens in the ordinary procedure, here the
There are no requirements that must be included in the demand in this summary trial according to the law.
no reference to it, but it is estimated that this demand must meet the
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requirements specified in Article 420 of the Code of Civil Procedure, in order

the ordinary procedure must be applied to all management, paperwork, and
performances that no they are
subject to a different special rule, whatever its nature.

NOTIFICATION OF THE CLAIM IN THE SUMMARY TRIAL

The general rules of ordinary procedure apply. (Notification the
plaintiff by the daily state and the defendant is notified either personally or
by the special form of article 435 of the Civil Procedure Code (notification) or
by notifications in the newspapers or by tacit notification). Now, if the defendant
it is not in the trial location, but outside the jurisdictional territory of that
tribunal or outside the republic, the period of 5 business days.

SITUATION DE THE PARTS BEFORE LA AUDIENCE

IN RESPONSE:
On the day of the hearing, the following alternatives may arise:
Both parties must appear (general rule).
Only the plaintiff appears.
Only the defendant attends.
That none of the parties attend.

PARTICULAR ANALYSIS OF THE VARIOUS SITUATIONS THAT

They can present themselves.
Both parties concur.
This summons, which is called a style or rigorous summons, is held at
5th business day after the last notification. (It is a response hearing,
it is not a test citation). Each of the parties will present what
it deems appropriate for the defense of your rights. In this citation, it
It is customary, because it is not mandatory, for the actor to confirm their claim,
(the actor only needs to propose his claim) and then the
the defendant must promote, at that moment, all of their
exceptions, both dilatory and peremptory, and must also promote
all incidents.
Only the plaintiff attends:
That is to say, the defendant is in default.
If the defendant does not appear, it can be (if there are justified reasons for
Hello) to request for the claimant to the court, that provisional access is granted to the...
the request in the demand will then proceed with the fictitious or symbolic response
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of the demand and therefore, the judge may comply will have to call
a reconciliation y darla for
failed in the absence of the defendant to continue the normal development
of the lawsuit. It can also in this situation of the defendant's rebellion, order
that the cause is admitted to trial or to summon the parties to hear the ruling,
Only the defendant attends:
In this case, in the absence of the plaintiff, the defendant will respond to the
demand and oppose all its exceptions both dilatory and peremptory and
incidents that I consider relevant, just like in the first situation. It is worth noting
highlight that the presence of the actor is not necessary in this hearing of
style, and it is not necessary for him to also ratify his demand in this
summons. The claimant only needs to file their demand and notify them properly
Legal for the trial to be initiated and continue its development even if he does not.
concur a this appearance; and this non-appearance of the actor cannot
to be considered as a waiver of action, as a withdrawal of the claim,
it will not help the defendant to request the dismissal of the lawsuit either
because she has not been notified by the actor, that procedure of the notification of the
demand is nonexistent in the law, so it does not comply with the law a
request in that regard.

None of the parties are present:

In this situation, the ticket they were summoned to was not
carry out; the court ex officio cannot proceed with this appearing
(principio de pasividad). De modo tal que si no concurren las partes el día y a la
the time that was determined, that citation is not verified and the interested party in
To proceed with the trial, a new date and time for the hearing will have to be requested.
from the summons. This resolution will be notified by means of a notice. If neither party
if they are interested in activating the trial, it will remain inactive until they decide to
move it, y they will be able to to pass (time)
the legal deadlines for any of them (the defendant
obviously) may request at any time the abandonment of the procedure.

OPPORTUNITY FOR REQUEST The SUBSTITUTION DE

PROCEDURE:
The law says nothing regarding this. This silence has given rise to
so that both the jurisprudence and the doctrine support two positions
diverse
The first position. It argues that the substitution of procedure can
requested before the response to the complaint, as an exception
dilatory in the ordinary trial, or as such, in the hearing of the trial
summary, therefore it cannot be requested after the response has been given
demand, whether it is an ordinary or summary trial.
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The second current holds what the substitution can

to be requested even after it has been answered the demand,
whenever there are valid reasons for it and
before resolutions are made that establish
permanent rights in favor of the parties or issue resolutions
what do they mean a definitive pronouncement on the
procedure.
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MORATORIUM PROCESS:
The monitoring trial is a judicial procedure to claim the payment of debts.
monetary amounts of any amount as long as they meet a series of requirements.
For the debt to be claimed through the monitoring process, it must meet
a series ofrequirements:
It must be a monetary debt.
Liquid.
Determined.
Defeated.
Demandable.

Monetary debt means that the claimed credit right must

to express oneself in money in the strict sense, that is, in legal tender
legal, national or foreign, therefore they are excluded from the process
monitoring the obligations to do, as well as the obligations to give things
determined.
DUE DEBT is one whose payment term has expired, that is to say,
It has been defeated. Therefore, it cannot proceed through a monitoring judgment.
claim future debts that have not yet matured.
DEMANDABLE debt should be understood as one that does not depend on
consideration, nor is it subject to any condition.
DEBT DETERMINED, which means that the debt must be liquid, is
to say, that it is specified in a sum of money or that its determination
It depends on a simple or mere arithmetic operation.
The monitoring trial is a simple judicial procedure, very useful for all types of
businessmen, professionals, property owners' communities, etc. What
They intend to expedite the collection of outstanding debts.
In order to initiate a monitoring process, the debt that is to be claimed must
comedocumentarily accredited through a principle of proof.

What documents can be used to initiate a monitoring trial?

By means of documents, whatever their form and class or the physical support in
that are found, that appear signed by the debtor or with their seal, imprint
or mark it with any other physical or electronic signal.
By means of invoices, delivery notes of delivery, certifications, telegrams, telefax or
any other documents which, although unilaterally created by the creditor,
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they are among those who usually document credits and debts in relationships of
the class that exists between creditor and debtor.
When, together with the document evidencing the debt, additional documents are provided
commercials that attest to a previous lasting relationship.
When the debt is credited through certifications of non-payment of amounts
owed in the concept of common expenses of homeowners associations
urban properties.

Which court is competent for the monitoring procedure?

TheCompetent court will be the one from the FIRST INSTANCE of the residence or
debtor's residence or the place where the debtor can be found for purposes
of payment request.

SPECIAL RULE: For cases of non-payment of amounts owed in

concept of common expenses of Homeowner Communities, you will be able to choose the
Community at the time of initiating the monitoring trial, between the Court of the domicile or
debtor's residence, or the location of the property belonging to the
Community.

AMOUNT OF THE MONITORING TRIAL

In the monitoring process, there is NO LIMIT ON CLAIMS, so you can
to intervene in court to claim any amount of the
debt.
Phases of the monitoring process:
REQUEST. The monitoring trial will begin with a request made by the
creditor of the debt in which it will be expressed:
The identity of the debtor. The domicile or domiciles of the creditor and the debtor
or the place where they resided or could be found.
The origin and amount of the debt must be accompanied by the document or
documents that prove the debt
For the submission of the initial request of the monitoring procedureit is not
It is mandatory for a lawyer or attorney to intervene.(although it is convenient in the
majority of cases).
PAYMENT REQUIREMENT. Once the request is accepted by the Court
from the monitoring process, the Judicial Secretary will require the debtor to pay the
debt within a period of TWENTY business days. At this moment, you can
several things happen:
The debtor shall pay when required by the Court; once it is accredited the
Payment of the debt will result in the procedure being archived.
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That the debtor does not pay within the twenty days he has, nor does he...
people in the Court within that period to state the reasons for
los que no debe la cantidad reclamada. En cualquiera de estos dos
assumptions, the process will be declared terminated and the creditor may initiate
the EXECUTION of that amount through the seizure of assets, payrolls,
vehicles, checking accounts, etc.
That the debtoroppose the monitoring request, appearing before the
Judged and stating in writing the reasons why it should not
amount of the debt (whether total or partial).
If the debtor is not found at the address that has been stated in the
In the lawsuit, the plaintiff (creditor) can ask the Court to investigate
his residence. If it is found after inquiring that he resides
in the judicial term, it will be required in this one. If it appears in another party
judicial or not found after the proceedings the TRIAL
THE MONITORING WILL BE ARCHIVED.

What happens after the debtor opposes the monitoring judgment?

If the debtor submits a written statement ofoppositionwithin the deadline, the matter is
resolverá definitivamente en el juicio que corresponda.
The OPPOSITION WRITING must be signed by a lawyer and a legal representative when
its intervention is necessary. Its intervention is necessary when it is
claiming a debt exceeding TWO THOUSAND EUROS (2,000 €). In these cases it is
the intervention of a lawyer and procurator is mandatory. If you want to know when
isthe intervention of a lawyer is necessary in judicial proceedings,
CLICK HERE.
When the amount of the claimed debt does not exceed that of the trial itself
verbal (up to 6,000 euros), the court clerk will declare the process concluded
monitoring and will agree on the processing of the verbal trial.