Horizontal property. Challenging of community agreements

Commentary on the Supreme Court of 2 September 2013

Abstract

Hearing prior to the regular trial will be conducted in accordance with the provisions of art. 414 LEC, to attempt an agreement or transaction of the parties to end the process, examine the procedural issues that may not prevent a continuation and termination thereof by judgment on its object, that object accurately set and ends of fact or law on which there is dispute between the parties and, where appropriate, propose and support the trial court. For the conclusion of the preliminary hearing the personal presence of the parties is not required. Attempt to effect settlement or transaction, where parties do not concur personally but through his attorney, must give it power. The judging of the first instance to allow time for the applicant to remedy a defect of power, by other, non-existent rather than agree to the dismissal of the proceedings referred to in Article 414.2 of the Code of Civil Procedure to, could have constituted a procedural irregularity but, of course, did not generate any defenseless to the defendant so that he could not lead to a declaration of nullity. Requirements for the declaration of performances: not just a mere procedural irregularity or even that no longer met essential rules of proceedings where defenseless to the procedural part is followed.