El silencio de la parte demandada : sus efectos e importancia según la legislación procesal civil vigente.

Abstract

The present research work consists in the analysis of effects and consequences which produce the silence of the demanded part, the changes that the new regulation has had and the disuse this legal figure has incurred by the lack of a clear rule which regulates and establishes an adequate balance of procedural charges for the parties involved in a litigation. We make evident the reform needed for the General Organic Code of Processes related to the lack of response to the demand, the opportune moment of applying the tacit admission and the consequences the demanded part has by not collaborating within the process. In such a way that we expose the background that motivated the current rule, its lack of application, the imbalance of charges and finally it is compared with laws of other countries to take them as an example for the drafting of a new regulation.