Reforma legal a la figura de la oposición en el juicio de inventario de la extinta sociedad conyugal dentro del Código General de Procesos

Abstract

Abstract: This paper analyzes the regulatory gaps in the General Organic Code of Procedures (COGEP), specifically in Articles 336 and 346, which govern the concept of opposition within the inventory proceedings of the dissolved marital partnership. The research reveals that the lack of clarity regarding the procedural stage, the form of presentation, and the effects of opposition generates confusion for both legal professionals and users of the judicial system. This problem undermines constitutional guarantees such as legal certainty and effective judicial protection. Through doctrinal, legal, and empirical analysis, a legal reform is proposed to unify procedural criteria and strengthen access to transparent justice. Furthermore, the need is raised for greater training for judges and lawyers on the correct interpretation of these rules, and the issuance of binding jurisprudence by the National Court of Justice, in order to guarantee due process and avoid judicial arbitrariness.