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NUEVAS MEDIDAS DE AGILIZACION PROCESAL

Posted on November 29, 2011 at 1:41 PM
La nueva Ley 37/2011, de 10 de octubre de medidas de agilización procesal, que ha entrado en vigor este me mes de noviembre, ha intorducido una serie de medidas de agilización que pasamos a exponer en resumen:


En el orden civil, se introducen distintas modificaciones de la Ley de Enjuiciamiento Civil, como la de incluir dentro del concepto de costas del proceso el importe de la tasa por el ejercicio de la potestad jurisdiccional, 

Se reducen trámites en la sustanciación de las tercerías de dominio y de mejor derecho, que ahora se ventilarán por los trámites del juicio verbal, si bien esta última con contestación escrita, dada la peculiaridad de su objeto.

En cuanto a los procesos especiales para la tutela del crédito, se acoge expresamente al arrendamiento de bienes muebles, en el proceso verbal ya previsto para el contrato de arrendamiento financiero y de venta a plazos de bienes muebles.

 
Se aclara la regulación de las medidas cautelares en el caso de sentencias absolutorias recurridas y se modifica la regulación de las denominadas medidas cautelarísimas, recogiendo las verdaderas posibilidades que en la actualidad se están llevando a cabo por los órganos judiciales: apreciar la especial urgencia y citar a la comparecencia, apreciar la especial urgencia y denegar la medida cautelar inaudita parte o bien no apreciar la urgencia y decidir tramitar conforme a las reglas generales, añadiendo la posibilidad de alegaciones por escrito en vez de comparecencia.

Se prevé con carácter expreso la necesaria intervención del Ministerio Fiscal en determinados supuestos que afecten a menores de edad.

Se suprime el límite cuantitativo del procedimiento monitorio, equiparándolo de este modo al proceso monitorio europeo, con el fin de evitar limitaciones de acceso a este procedimiento.


Se aplica el sistema de juicio monitorio a los juicios de desahucio por falta de pago, de modo que, en el caso de que el arrendatario no desaloje el inmueble, pague o formule oposición tras el requerimiento, se pasará directamente al lanzamiento, cuya fecha se le comunicará a aquél en el mismo requerimiento.

Se excluye el recurso de apelación en los juicios verbales por razón de la cuantía, cuando ésta no supere los 3.000 euros, se actualiza la cuantía mínima para recurrir en casación, que pasa de 150.000 a 600.000 euros.


Categories: agilizacion procesal

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