La apreciación de la falta de presupuestos procesales en la audiencia previa

Abstract

The new Spanish Civil Procedural Law, in force since the year 2000, introduced a new procedure called Preliminary Hearing, held in chambers, which has operated as an essential mechanism for the civil process. The aim of the Preliminary Hearing, amongst others, is to amend any procedural defect or error that affects the formalities of the civil procedure that could bring an anticipate conclusion of the case, without a judicial resolution on the grounds. After nine years in operation, the Preliminary Hearing has proved to be a fundamental tool for bringing higher levels of efficacy and celerity to the process, due to two main reasons: Firstly, for the regulation of short periods of time, given both to the parties and to the judge in their procedural activity. Secondly, for being a procedure based on the principle of immediacy, and where the parties have an opportunity to consider the issues in an adversarial manner with oral arguments. The author considers specially the study of the Preliminary Hearing as a procedure for amend procedural defects, and analyses the specific exceptions or motions to dismiss, based on the claims of procedural defects.