The paper analyzes the enforceability of the
sentences of dismissal of declaratory claims
of non-obligation, trying to demonstrate
that, despite the doctrinal and jurisprudential
tendency, it can not be said that any sentence
of dismissal of a declaratory claim of non obligation is a title executive. Using as a
methodological option the bibliographic
research and the jurisprudence of the Superior
Court of Justice, the study begins analyzing the
evolution of the expansion of the hypotheses
of declaratory tutelage. In the next topic, to
face the movement that reached the Superior
Court of Justice, triggering the revision in the
classic doctrine that every declaratory sentence
is a judicial enforceable title. It is concluded
that not every decision of inadmissibility
of a declaratory claim of non-existence of
the obligation is a judicial enforceable title
because this would generate an antinomy in our
procedural system, in violation of the guarantee
of due process, since it can not be admitted the
execution of a sentence, which failed to examine
all aspects of the existence or non-existence of
the right to do so, and at the same time to limit
its defense at the time of the impugnation to
compliance with the sentence.
|
