Hacia una completa regulación de la declaración de parte cuando interviene una persona jurídica.

Abstract

In our General Organic Code of Processes, there is an institution known as the declaration of part, which presents a great inconvenience when proposing and evacuating this means of evidence when in practice one of the parties is a legal person and is called to render its declaration of part, and of the error that usually occurs, because as a general rule and in most cases, it is the legal representative who will declare on behalf of the legal person, but this should not be the case since not always the legal representative is the one who acted on behalf of the company to carry out certain acts. For this purpose, this work seeks to answer certain acts. For this purpose, this work seeks to answer questions such as, who is the ideal one to render this statement? What is the appropriate procedural moment to allege and evacuate this means of evidence? Among other questions that will be presented throughout the development of this work. These are unanswered questions, since our legal system is very incomplete when it comes to talking about this institution when it intervenes in the process.