Res iudicata, the termination and correction of extrajudicial enforcement instruments in enforcement proceedings

Abstract

This report tries to clarify a controversial issue in the proceduralist doctrine as to whether the executant of a judicial title, to whom the first execution has been denied due to lack of funds and legal requirements or title irregularities, has the option to submit a successive second execution procedure with the title corrected. In the content of the report, we show the bases by which we defend that said executant may opt for a subsequent declarative procedure, but that does not deprive him of opting for a new executive procedure if he has already remedied the error.  In order to reach this conviction, in addition to analyzing the substantive principles, we have also analyzed the concept of estoppel and res judicata in the LEC, whether there is a difference between formal and procedural defects, and separation: both the enforcement regime of judicial titles as well as extrajudicial separation, of the different phases by which the execution takes place and of the defects that can be corrected and insurable.