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The monitory procedure in Spain after the latest procedural reforms

Authors

  • Esther González Pillado Catedrática de Derecho Procesal de la Universidad de Vigo
No. 17 (2012)
https://doi.org/10.5354/rej.v0i17.29520

Abstract

Since the introduction of the monitory procedure in Spain by the Law 1/2000 of 7 January of Civil Procedure, it has become the most widely used procedure in the civil process law by the legal actors (61% of the civil cases were monitory procedures). We can find the reason for this great use in its procedural setting because it gives an agile and fast judicial protection of the creditor´s claim. In this way, once the creditor files a lawsuit through the monitory procedure based on sufficient documentary evidence and once the debtor is required for payment, the plaintiff may request either the discharge of the debt or a writ of execution, and only when the debtor raises an objection, the enforcement of the monitory procedure will be ended and transformed into a declaratory action. However, during this years the legislator has been aware of the need to reform the monitory procedure, in some cases to clarify some doubts that its practical application was generating, and in others, to increase its effectiveness. These amendments are analyzed in this work.    

Keywords:

Monitory procedure, request for payment, writ of execution, objection, declaratory action

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How to Cite
González Pillado, E. (2012). The monitory procedure in Spain after the latest procedural reforms. Revista De Estudios De La Justicia, (17), pp. 53–81. https://doi.org/10.5354/rej.v0i17.29520
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Revista de Estudios de la Justicia
Facultad de Derecho
Universidad de Chile
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