NOTAS SOBRE LA FACULTAD DE AMPLIAR O RECTIFICAR LA DEMANDA UNA VEZ INICIADO EL JUICIO ORDINARIO

This paper tries to clarify the meaning and scope regarding the power to expand and rectify the civil complaint enlargement that Article 261 CPC grants to the plaintiff once the ordinary trial has begun. It differs from the possibility granted by Article 312 CC, which states that admitted that both parties two parties, in their reply or rejoinder briefs, may extend, add or modify the actions and exceptions that they have formulated in their demand or response, with the condition that this alteration does not affect the main controversy raised before the court. With the support of the historical origin of this rule and a systematic analysis considering the context of the Code of Civil Procedure, I will try to prove that the extension or rectification of the demand only includes the written account presented to the court and not when there was already a behavior of the defendant who assumes the material terms of the judicial controversy and locks the procedural relationship. Furthermore, this possibility does not extend to the reformed procedures, although it is included in the new Civil Procedure Code with some changes in its formulation