¿Does Contractual Competence Appropriate in the Execution of Execution Titles?

Abstract

Unlike what happens in knowledge or executive processes, where the defendant can propose prior exceptions – among them the incompetence of the judge; In the execution of titles, such as the mortgage, pledge or sale with reservation of ownership, the executed person does not have that possibility. The execution constrains the debtor to oppose only with respect to the causes provided for in the law, as well as the fact that it has occurred after the respective execution title became enforceable, without being allowed to question the jurisdiction of the execution jugde.

For this reason, the work of judges is important, who laminarly; They must qualify their competence to process the execution, and in the event of admitting it to processing, they may be subject to a request for inhibition from another judge to hear said execution, requiring them to decline their competence.

Whether due to inadmissibility of the execution request due to incompetence [if said order is considered appealable], or due to a dispute of jurisdiction, it is up to the Provincial Court of Justice to establish the jurisdiction of the execution judge in cases where there are doubts. who is competent to execute titles such as the mortgage, pledge, or sale with reservation of ownership.