Vacío legal sobre la “No Consignación del Valor Ofrecido” del artículo 408 del COGEP.

Abstract

The law is a science whose structure modifies constantly due to multiple variants, among them social change, optimization, technological advances, etc., we have the obligation to keep it updated and to regulate it in a way that is not only efficient, but that any circumstance in which the right is violated is foreseen. This work is focused on the revision of article 408 of the General Organic Code of Processes, in pursue of clarifying, determining and correctly structuring the legal vacuum that is drafted in the previously mentioned article. This is because the deficient regulation on the auction causes legal uncertainty about what will happen to the auction itself, after the non-consignment of the value offered by all the positions presented; opening the doors to circumstances not contemplated in the law, which consequently can be used to manipulate the auction process. Therefore, it is not only due to the constant development that the law has, but also to the intrinsic need for justice, social control, and a correct functioning of it that obliges us to search for a complete normative body, without shortcomings to avoid the inappropriate use of laws; and find harmony in them.