Incomplete formation of the litisconsortium as a prior (un)curable exception.

Abstract

The new General Organic Code of Processes (COGEP) has established stricter requirements for litigation. Article 295 stands out, which considers rectifiable exceptions related to lack of capacity, legal status, or incomplete consortium litigation; However, in practice, the correction of incomplete litigation is complex. This poses a challenge, since although it can be corrected, its complexity makes the judge's work difficult in the interpretation and application of the law, given that a complete consortium litigation is essential to issue a substantive decision. The COGEP represents a significant change in the administration of justice, requiring judicial actors to adapt to this new dynamic. The work focuses on this reference.