Effects of default under the mexican National Code of Civil and Family Proceedings. Comparative analysis

Abstract

In civil proceedings, a series of procedural burdens are imposed on the parties involved in the procedural legal relationship, so that each of them has the power to act and exercise the procedural rights that they possess. Thus, the defendant must file the answer to the claim within the term granted for such purpose in the summons to the trial. Now, the failure of the defendant to file an answer within the terms of the law generates the figure of default or contumacy which, in turn, produces a series of consequences of a procedural nature that are addressed in this work through the comparative study of different procedural codes of various federal states, the federal legislation, and the text of the recently published National Code, and the text of the recently published National Code of Civil and Family Procedures to identify the effects, as well as the similarities and differences between them, in addition to a doctrinal analysis of this legal figure that goes from the general to the particular, which, as a whole, allows to sustain the need to modify the normative text, even before its application.