The maximum amount order as judicial executive title

Abstract

This research work is based on the historical content of the maximum amount order, before the reform operated by Law 35/2015, of September 22, in article 13 of Royal Legislative Decree 8/2004, of October 29, since the issuance of the order for the maximum amount before the reform made it possible for traffic victims to financially limit the bodily harm suffered within the limits of compulsory insurance and its effective claim in an executive process, since in this, the debtor could only oppose exclusive fault, concurrence of faults or force majeure foreign to the vehicle. However, this reform has completely changed the landscape, since, although the order of maximum amount as enforceable title continues to exist, as we are going to explain, in our opinion this reform has totally emptied the usefulness of said mechanism.