Claiming debts uncontradicted by notari (instrument between the deficiency and effectiveness)

Abstract

The new procedural alternative for claiming pecuniary and uncontradicted debts by notary is between deficiency and effectiveness. Comparatively, the procedure is more convenient in some points than their legal equivalents. However, it suffers legal pathology, of varying intensity, occasionally severe. In this work, the main legal problems of this procedure are studied: the legal nature, convenience requirements of the obligation, competition, objective, subjective and procedural elements... And from all this, interpretive therapies are provided to integrate regulatory excessive vagueness and lack in regulation.