LAGUNAS LEGALES EN LA REGULACIÓN DEL JUICIO MONITORIO Y SOLUCIONES PRÁCTICAS.

Abstract

Far from focusing on how the law regulates the procedure for claiming documented debts of up to ¤30,000, this article analyses and furnishes solutions to all those questions on which the law remains silent, and whose resolution poses many problems in forensic practice. Such questions include the correct point in procedure for filing a jurisdictional plea, the debtor's domicile abroad, the accumulation of procedures against several debtors who adopt different forms of behaviour, the extension of liability to persons other than the debtor, problems caused by the ¤30,000 limit on quantity, drawbacks involved in filing for precautionary measures, debtor defence mechanisms against irregular demands for payment, the effects of debtor default in later declaratory action and a long list of additional conflictive questions whose resolution is an unavoidable imperative if the rights of the parties are to be protected.