THE SUBJECTIVE EFFECTS OF THE CONDOMINIUM DEBT EXECUTION PROCESS AND THE POSSIBILITY OF PROCEDURAL SUCCESSION IN THE VIEW OF THE HIGHEST COURT OF JUSTICE

Abstract

The present research aimed to provide an extensive overview of the effects generated by condominium charges. Regarding the topic, an approach was made to the individuals responsible for condominium expenses from the perspective of the propter rem obligation, highlighting its principles and analyzing the effects generated from the alienation of the property within a Condominium. Moreover, the understandings of the Superior Court of Justice were presented to elucidate issues such as the joint liability of the parties to a promise of sale agreement not registered at the time of transfer of ownership of the property. The work also conducts a thorough investigation into the possibility of procedural succession of the defendant's position in enforcement actions for condominium debt, studying the grounds that led to the admission of the change of the defendant in the enforcement phase of the judgment.