Integración del litisconsorcio necesario en los procesos ejecutivos con garantía real.

Abstract

In modern doctrine there is a controversy as to whether or not the debtor should be linked in procedure of execution where the royal guarantee is pursued when the ownership of the domain right is in a third party. Currently judicial officials support the theory that it should not be linked, taking into account that, the creditor is exercising the royal action, regulated by article 2452 of the Civil Code, said norm entitles the creditor to pursue the property regardless of who is the owner, but, another sector of the doctrine affirms that the real action depends on the personal action, it is a legal absurdity to enforce the royal guarantee without taking into account the personal one. Using basic research in this reflection article, through which the normative interpretation of article 2452 of the Civil Code, paragraph 3 of numeral 1 of article 468 of the General Process Code and article 68 ibídem, was compared, it was concluded that, indeed, the debtor must be linked within the procedure of execution with a royal guarantee because there is no normative provision that establishes that the establishment of mandatory intervention is only predicable in the declaratory processes; numeral 9 of article 100 of the General Process Code does not exclude numeral 3 of article 442 of the Work in question; article 61 of the General Process Code is not governed by the principle of exhaustivity and, finally, numeral 1 of article 468 of the General Process Code does not exclude article 61 ibid.