THE CAUSE OF ASKING AND THE EXECUTIVE TITLE IN THE EXECUTIVE ACTION

Abstract

The question of knowing whether the cause of action in the executive action is the constitutive
facts of the obligation, or if it is the executive title itself is controversial. But this is not a problem of a merely theoretical nature. On the contrary, it is of particular importance from a practical point of view, since if we understand that the enforceable title is not to be confused with the constitutive facts of the obligation, the creditor will necessarily have to claim them in the enforceable application, under the penalty of ineptitude.
We will start by analyzing what the executive title consists of. Then we will analyze the cause of action in the executive action and its relationship with the executive title, based on the law, doctrine and jurisprudence. In this perspective, the particularity of checks, bills and promissory notes will also be addressed. Finally, we will analyze the relationship between the lack of cause of action and the ineptitude in executive action.