Cuestiones prácticas de pluralidad de partes en procesos relacionados con la Ley de Ordenación de la Edificación

Abstract

This paper discusses the issues that emanate from a process as complex as is the construction of buildings covered by Act 38/1999, on Building Management. Account has been taken of the case law context born from the interpretation of that rule, with the legal status of things in the Building Management Act that, without doubt, has been a revulsive for that case law, which has mostly rendered positive. On this magma it is discussed the relevance of the principle of individual responsibility, which crowns the system of liability, but also, of course, the various problems, basically procedural issues, which pose the collegiate, joint and several, and primary liability, in the various ways allowed by the law, —the own or legal and wrongful or judicial liability— and also the liability derived from the induced intervention —Section 14-2 LEC (Civil Procedural Act)—, referred to in the 7th Additional Provisional of the Building Management Act with its incidence, in addition, in the pronouncement on the court costs.