Inobservancia de los principios constitucionales de simplificación, celeridad, economía procesal y eficacia en el procedimiento del juicio sobre pago por consignación.

Abstract

Currently, the trial of payment by consignment has place when the creditor is opposed to receive the thing that offer to pay the debtor on time and modality as it was agreed, forcing a special procedure issue is resolved by the method of ordinary proceedings, without requiring motivation any creditor opposition. The step to this delayed process is inconsistent with the current Constitution of the Republic, which advocates the oral system in all materials and process steps occurring on the contrary, to give way to regular trial which is the most delayed of our legal system, in breach of the constitutional principles of simplicity, speed, judicial economy and efficiency. To be consistent with the Constitution, we should simplify procedures, implementing a streamlined process that guarantees the rights of the parties and avoid unnecessary delaying. In addition, it is imperative to reform from Article 1614 to Article 1623 of the current Civil Code, since rules of procedure hence contained, invade the field of Adjective Civil Code.