Study of the payment order process for its incorporation into Paraguayan legislation

Abstract

The paper analyzes the benefits of the payment order process and its inclusion in Paraguayan legislation. This process addresses the mechanism for the creation of an enforceable title, inaudita altera parts, by means of the reversal of the contradictory and reduced cognition, in the sense that it may arise depending on the existence of a documented claim by the plaintiff and absence of opposition by the defendant. For this purpose, a non-experimental methodological design was used, with a descriptive scope and a qualitative approach. For this purpose, direct formal sources were used. An analysis was made of the payment order process in general: concept, characteristics, types, requirements; addressing the peculiarities of this trial according to the proposal of the Preliminary Draft of the General Procedural Code for the Republic of Paraguay. It also studies the procedure for the reparation of damages provided for in the Code of Criminal Procedure, which has a marked monitoring structure. In this line of reasoning, it is concluded that, by applying with absolute rigor the nature of documentary monitoring -of reduced cognition and inversion of the contradictory-, this process could become a valid tool to streamline the Paraguayan procedural system and a fair alternative of satisfaction of documented obligations, as it is being used with the procedure of reparation of damages in the criminal jurisdiction, whose application serves as an exercise for the use of this process.