The out-of-court transaction: Is it an enforcement or enforcement proceeding?

Abstract

The purpose of the study is to know the debate that exists in deciding whether the extrajudicial transaction and its process as an executive title or as an execution title through theoretical and legislative analysis. The applied method is of a qualitative order based on a grounded theory design based on the General Organic Code of Processes, as it is the norm that regulates the procedures, it brings us bewilderment that creates confusion when exercising the right. The results reflected that in our legislation the figure of out-of-court transaction is nothing more than an agreement in which the parties resolve a legal dispute or terminate a pending dispute due to the quality of res judicata.