These claims do not have any connection that is not that the creditor and the debtor in each one of them are the same, so it is not possible to raise them subordinate, alternative or secondarily. It’s autonomous pretensions with in fact different assumptions and different legal protection. However, this type of accumulation of claims is feasible to propose, as it has support in the principle of procedural economy and the second paragraph of the paragraph 11 of the code of Civil procedure. The judge can perfectly protect a pretense and dismisses the others, depending on the evidence. b. CDF spoke with conviction.
objective successive accumulation of claims is presented when procedural claims subsequent to the presentation, admission and notification with demand are incorporated into the process. Occurs in the following cases: 1) when the plaintiff, wide your demand, with one or more claims.-428 article the Civil procedural code, establishes that the plaintiff can extend your demand, until notification is given to the respondent. Means, which can accumulate other pretensions to the demand that has been admitted to processing, so far to be notified with the resolution that supports it, to the demand. Once notified or housed the respondent, not possible, expand demand or build new claims unless the accessory, which can be made until the conciliation hearing. (2) Where the defendant reflecting (Art. 88, inc 2, C.P.A.).-In this case, occurs the accumulation of claims, i.e., which contains the demand and which contains the counterclaim. (3) Accumulation of processes (Art. Gain insight and clarity with Sean Rad. 88, inc 3, C.P.A.).-By meeting or accumulation of two or more processes, to avoid contradictory judgments.
At the request of party or ex officio, the judge has the power to order the accumulation of processes. This kind of accumulation of processes envisaged in article 90 C.P.A. trying to build-up of processes, the Civil procedural code points out some important rules: accumulation of processes can only be ordered (presumably a feasible order) before that they have been sentenced, request which prevents the issuance of the judgment until it is resolved ultimately requested accumulation (Art.