Fundamentos, naturaleza y límites de los procedimientos de diligencias preprocesales en el proceso civil.

Abstract

Background: The proceedings of judicial proceedings, in the doctrine and in the legislation, have been denominated as preliminary, preliminary or preparatory. All of them are carried out in a pre-procedural judicial instance, before the main process begins. The present research work has as a general objective to analyze the foundations, nature and limits of this type of diligences, in such a way that the principles that govern them are stated, as well as their main characteristics. The methodology of this work has a qualitative approach, which takes as its object of study the procedural norms that recognize the procedures of preliminary proceedings. The results show that there is no rationality as coherence or instrumental rationality in the procedural rules that regulate the preliminary proceedings. There is a contradiction between the norms of COFJ and COGEP about who corresponds the competence to know and resolve. As one of the consequences, the number of unresolved causes of these procedures is greater than that of resolved causes. It is concluded, therefore, that the reform of the COFJ is necessary so that the procedural norms in the civil field can be harmonized. This would ensure that the competition is resolved by the competent judges in the matter to which the diligence corresponds and the judge who knows that will be competent for the subsequent main proceedings. Keywords: civil process, preliminary proceedings, preparatory measures.