Reestructuración de la normativa aplicable a las tercerías en el proceso civil.

Abstract

The General Organic Code of Processes incorporates the figure of the intervention of interested third parties in the process through the inclusion of two types of third parties: excluding domain and adjuvants. In addition, within its title it addresses in a succinct and limited way the application, legitimacy, proposal requirements and opportunity to file third parties’ intervention. That said, acknowledging the involvement of interested third parties in the process is a great element that has been built in for a long time in our legislation. However, with the new incorporation of different types of procedures and procedural stages, it is pertinent to update the current regulations to meet the needs of the parties. In the same line, this work incorporates a series of alternatives to resolve the normative conflicts and legal gaps that the General Organic Code of Processes presents. In this way, the incorporation of two types of additional third parties are clearly and concretely proposed: substitute and assistant. As well as the reform to the opportunity to present the request for intervention of interested third parties, giving the option of presenting it at any stage of the process from the qualification of the demand. Finally, a reform is proposed leading to the possibility of appealing the contested decision by the third party regardless of whether it was part of the process or could not be because it did not know about the process.