Acta transaccional : título ejecutivo y título de ejecución.

Abstract

Background: The General Organic Code of Processes, there is a discrepancy between what is contained in articles 347 paragraph 7 and 363 paragraph 7, since on the one hand it contemplates the extrajudicial transaction as an executive title, and on the other, the transaction as a title of execution, which affects the determination of the procedure. Objective: Resolve the legal problem about whether these titles are the same legal figure or if they differ from each other, and once that is resolved, determine criteria to follow to select the appropriate procedure to execute the corresponding title. Methodology: Through a legal essay based on research that allows solving the problem posed using the qualitative method with descriptive and explanatory scope. Result: It has been demonstrated that the extrajudicial transaction and the transaction concluded without mediating processes constitute in themselves the same legal entity with different names, therefore, it is necessary to establish criteria to select the procedure to follow. The National Court of Justice, through its Non-Binding Criteria such as the Civil Code regarding the effects of the law, has concluded that the current norm prevails, that is, the 2019 reform because it is the last intention of the legislator. Conclusion: It has been established that both the extrajudicial transactional record and the transaction concluded without mediating a process between the parties, consistent in the General Organic Code of Processes, constitute a title of execution, and its forced execution must be substantiated under the execution procedure.