89, inc 2, CPC) .- In these cases there are usually two or more applicants or two or more defendants. Would arise from such subjective successive accumulation when a process A and B, discussed the invalidity of a contract of sale and another process, we discuss the delivery of possession of the same goods between C and D, if they accumulate these two processes results in the accumulation of claims that contains each of the claims or counterclaims or defense of claims. In this case, the judge has the power to order the decumulation processes, the difference in procedure, reserving the right to issue a single statement to end the conflict of interest. Successive accumulation of successive accumulation occurs claims process, when two or more claims tried in different processes, gather into one, because there is connection between these claims. The order backlog of cases, can be done, before any of the judges, who handle the process. Must be attached to the letter which calls for the backlog of cases, certified copies of the Complaint, in its reply, if any.
The order of accumulation is coming, even before ruling issued in the process to accumulate. The order backlog of cases, prevents the issue sentencing, while not definitively resolved this accumulation. The order backlog of cases, the judge orders service to the other party within three days. With the defense or the deadline, Judge, issues resolution declaring the petition founded or unfounded, based on the evidence together. The resolution of the adjudicator in the orders backlog of cases, is appealable without suspensive effect (Article 90 CPC). If you declare founded, the accumulation of successive processes, handles or processes cause accumulated before the judge, who became the first site.
The backlog of cases, it is ordered ex officio by the judge, if the proceedings are handled in the same court (Art. 90 CPC). This kind of accumulation process is based on the principle of judicial economy and avoid conflicting judgments. 1.3. Figure procedural decumulation disaccumulation process is regulated by the Civil Procedure Code. The order on the one hand, said that when they had accumulated in a single process two or more autonomous processes, taking into account the connectedness and any difference in the processing of the accumulated, the judge can order the decumulation in processing, which means that it is not an absolute decumulation reserves the right to issue a single sentence (Art . 89, last paragraph, CPC). In another paragraph of the Code states that when the court considers that the accumulation affects the principle of judicial economy, because of time, expense and human effort, you can separate processes, to be followed regardless to their original judges (Article 91 CPC ), defined by its text, which in this case the decumulation is absolute, as the Judge of the accumulation does not reserve the right to sentence the case backlogs, as in previous case. ‘.
