RECUERDO DE «SUMARIEDAD» Y «PLENARIEDAD» EN LA LEY CONCURSAL DE 2003.

Abstract

In article 447 the Civil Procedure Act of 2000 strips a series of summary proceedings of the effect of res judicata, without justification for doing so. And yet the act fails to do the same in its provisions concerning foreclosure enforcement proceedings (art. 827-3). This is a mistake. But the Insolvency Proceedings Act of 2003 says that sentences given in incidents in insolvency proceedings «shall have effects of res judicata» (art. 196-4) and that such «incidents » may be summary, yet they are not. This causes confusion and may cause even more. This article foresees such confusion.