Contenido y efectos del artículo 231 LEC. Presupuestos de la subsanación de los defectos procesales
ISSN: 1697-7068
Year of publication: 2009
Issue: 64
Type: Article
More publications in: Práctica de tribunales: revista de derecho procesal civil y mercantil
Abstract
The author analyses the content, object and extension of the article 231 of the Spanish Civil Procedure Code. This article is relocated in a wider context in order to prove that, the general rule that apparently is set down in the above mentioned article, in truth correspond to a complex system that upholds any procedural amendment necessary to met with the fundamental principle of due process. For that reason, this study points out the complex model of procedural exceptions, and of the nullification of procedural acts regime, and it also points out the existence of multiple rules that clearly acts as a reparative of the procedural railway. In addition, the study also contains a short comment of the future reform that also modifies the article 231 in order to give it a higher intonation rather than to restrict it.