La eficacia de la transacción extrajudicial, como título ejecutivo y título de ejecución.

Abstract

The effectiveness of the extrajudicial transaction as enforceable title and title of execution in the General Organic Code of Proceedings (COGEP by its Spanish acronym) is presented as a factor that directly impacts the process's substantiation and the claim being pursued. Knowing that every legal system pursues a minimum of coherence, and therefore considering two formal rules applicable to the same case, provides late and, in some cases, contradictory solutions. Therefore, this research analyses the figure mentioned above to determine its procedural path correctly. Considering that the content of the out-of-court settlement is not subject to a retrial, it is mandatory for the parties, and what legally proceeds is its enforceability in the event of non-compliance. In effect, the correct substantiation through the execution procedure corresponds to an accurate decision, thus respecting the legal nature of the figure, as mentioned earlier.