The 42 / 2015 5 October of Law, partially reformed LEC (Law of Civil Procedure), has involved a series of relevant changes in our ritual law. After almost a year and a half since its entry into force, we once again analyze the changes that have been observed in the different procedures.
Separate chapter deserves the articles of the new LEC on general rules for submission of papers and documents relating to information and communications technology.
The main changes made by the new LEC They are those relating to oral proceedings and the payment procedure.
Thus, in the oral proceedings, it has been introduced with the new LEC the figure of the written answer to the demand. With this figure the risk of a possible violation of the right of defense is conjured, in this case with respect to the actor who in practice had been ignoring the opposition motives that could be surprisingly wielded by the defendant, facilitating that written answer to the demand that the parties can then procure the pertinent means of evidence to counteract the opponent's allegations.
the possibility of agreeing on a process of conclusions in the verbal judgment also states and the parties in their writings must state whether or not to hold a hearing, since in many disputes the view holding may even be irrelevant as long as the documentary itself becomes fully and objectively effective for sentencing without sight.
Regarding the payment procedure, the judge ex officio, with the new LECYou can go automatically to analyze the existence of unfair terms in consumer contracts and users.
In relation to the prescription of personal actions that do not have a specific term, the term passed with the new LEC 15 5 of years.
Other aspects that have been modified with new LEC They are those relating to legal aid and the legitimacy of the heirs of lawyers to claim fees via swearing accounts procedure and not through the ordinary procedure or oral proceedings.
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