NO.
The suspension must necessarily agreed by all parties ( Article 565.1 LEC ), alleging just cause in the opinion of the court ( Art. 188.3 LEC ) and agreed by order by the court without such suspension to harm the public interest or third party ( Art . 4.19 LEC ), which can hardly be satisfied because:
- Damages the court with a consequent increase and delay the procedure
- It hurts to run the new signaling increased to the amount payable in respect of default interest
- Damages the legitimate interest tenderer procured a property at public auction, dispose freely of their time and economic resources to be mobilized to gain access to the auction.
However in the case that both parties deem discontinue the court first examine the legal capacity and power of the parties or their representatives to carry out the agreement. ( Art. 415.1 LEC )
If the performing party raised the possibility of suspending the auction by default arguing the impossibility of people that day and time in court will have done it before, and reasons for its postponement ( Art.183.1 and Art.430 LEC ). Likewise, and in the event that the Court found intent in delaying the proceedings may be fined the amount of 600 € a person who has caused such a circumstance ( Art.183.5 LEC ).
If the court finally agreed, by order, the suspension of the hearing will be the new signage in the same act on which it agrees to the suspension, this being the day most immediate possible ( Art. 189 LEC ). Such suspension shall not exceed 60 days ( Art. 4.19 LEC ), the proceedings shall be resumed if requested by either party, otherwise the file will be archived and remain temporarily in such a situation while not requested the continuation of the process or Expiration occurs instance. ( Art 179.2 CEL )
Important: The fact that the executive is in "default" does not carry the raid ( Article 496.2 LEC ) and the approval of the proposal appear to a suspension which could present the performing party.
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Article 19 LEC. Right of disposition of the litigants. Transaction and suspension.
1. Litigants are entitled to dispose of the object of the trial and may waive, withdraw from the trial, admit, be submitted to arbitration and compromise on whatever subject matter hereof, except where prohibited by law or set of restrictions for reasons of general interest or for the benefit third.
2. If the parties might intend a legal settlement and an agreement or convention which it may attain as provided in the preceding paragraph shall be approved by the court hearing the case who is to be terminated.
3. The acts referred to in the preceding paragraphs may be, by nature, at any time of the first instance or the resources or the execution of sentence.
4. The parties may request the suspension of the process, which will be agreed, by order, by the court, provided that does not harm the public interest or to third and that the period of suspension not exceeding sixty days.
Article 179 LEC. Impulso proceedings and suspension of proceedings by agreement of the parties
1. Unless otherwise provided by law, the court will automatically process the course as appropriate, shall order the necessary resolutions.
2. The course of proceedings may be suspended under the terms set out in paragraph 4 of art. 19 of this Act and shall resume if requested by either party. If, after the period for which it was agreed that no one may require, within five days following the resumption of the process, the file will be archived and remain temporarily in such a situation while not requested the continuation of the process or expiration occurs instance.
Article 183 LEC. Request for new signs of view
1. If any of those who have to go to a hearing it proves impossible to attend to her on the appointed day, for reasons of force majeure or other cause of a similar entity, the court immediately manifest, which demonstrate satisfactorily the cause or reason and requesting signaling a new hearing or resolution of the court to redress the situation.
2. When counsel for a party who considers it impossible to attend the hearing, if deemed meritorious and credited the state alleged, the court shall further signs of view.
3. Where the person claiming such status is not possible, under the first paragraph, the court, if deemed meritorious and accredited claims the situation, take one of the following resolutions:
1st If the view was of processes in which the lawyer is not assisted or represented by an attorney, the court made new signal.
2nd If the hearing was for actions that, even when the lawyer assisted or represented by proxy, is necessary the personal presence of the party, the court shall
also new signs of view. In particular, if the party had been summoned to the hearing to respond to interrogation regulated in the arts. 301 and following, the court made new signs, with subpoenas as appropriate. The same resolve when you are cited for questioning a party to submit proof he cites the inability to attend.
4. If a witness or expert who has been summoned to the court hearing by stating and proving located in the same impossible situation expressed in the first paragraph of this provision, the court, if he accepts the excuse, shall, after hearing the parties to the common term three days, revokes a determination of the hearing and makes a new appointment or the witness or expert for the practice of acting outside the evidentiary hearing fixed. If the court did not consider meritorious or credited the excuse of the witness or expert, keep the marking of the hearing and shall so notify those, requiring them to appear, with the warning that provides the second paragraph of art. 292.
5. When the court ruled on the situations described in the previous paragraphs, notice that the lawyer, litigator, expert or the witness has acted with undue delay or without foundation, may impose a fine of up to 600 euros, without prejudice of the ruling on the new signage.
Article 188 LEC. Suspension views
1. The conduct of hearings on the appointed day shall not be suspended by an Order:
1 to prevent the continuation of the previous day another pending.
2 For lack of the number of judges necessary for decision or unwillingness occurrence of the judge or of the clerk, if this can not be replaced.
3 For the parties agree to apply, saying just cause to that court.
4 by the absolute impossibility of any of the parties listed for questioning at the trial or hearing, provided that such failure justified enough in the opinion of the court, had occurred when it was not possible to apply for new signage in accordance with the provisions of art. 183.
For 5th death, sickness or disability lawyer absolute party requests a suspension sufficiently justified in the opinion of the court, provided that such events would have occurred when it is not possible to request new signage in accordance with the provisions of art. 183.
6th defense attorney for having two signs of view for the same day in different courts, proving impossible for the scheduled time, his assistance to both, provided sufficient evidence that, under art. 183, tried, without success, a new signaling that avoid the coincidence. In this case, preference will cause hearing regarding criminal to prison, in the absence of this action, the oldest of pointing, and if both signs were of the same date, the hearing was suspended for the more modern procedure. Not agree to suspend the hearing if a notice of application for which it is agreed will produce more than three days late from the notification of received signal in second place. For this purpose the application should be accompanied by a copy of the notification of that remark. Nothing in the preceding paragraph shall not apply to any hearing to a criminal to prison, without prejudice to the responsibility which could have been incurred.
7 have been agreed by the suspension of the course of the proceedings or result from such suspension in accordance with the provisions of this Act
2. Any suspension that the court agreed will be sent immediately to the parties in person and those who had been subpoenaed as witnesses, experts or other status.
Article 189 LEC. again stated the view suspended
1. In case of suspension of the hearing will be pointing to remember the new suspension and, if not possible, disappears as soon as the reason that caused.
2. The new signage will be done for the day immediately possible, without changing the order of which we were already made.
Article 193 LEC. Adjournment of hearings
1. After the start of a hearing may only be discontinued:
1 When the court must resolve a procedural issue that can not decide on the spot.
2 When a due diligence test to practice outside the courthouse and could not be verified in the intervening time between each session.
3 When not appear or expert witnesses subpoenaed and the court deems necessary to the statement or report them.
4 When, after the start of the hearing, one or other of the circumstances that may have determined the suspension of its conclusion.
2. The hearing will resume after missing the cause that motivated the termination.
3. When you can not resume the hearing within twenty days of its termination shall be holding a new hearing and became the appropriate signage for the earliest possible date. The same will apply even if no such period, provided that the judge must be replaced before it began to be held the hearing interrupted and, for collegiate court when the hearing resumed with Judges can not those already acted on it in sufficient numbers for decision.
Article 415 LEC. Attempted conciliation or settlement.
Dismissed for bilateral withdrawal. Approval and effectiveness of the agreement.
1. Appeared the parties, the court declared open the event and check if there is still a dispute between them. If reported having reached an agreement or were willing to complete it immediately, they may abandon the process or ask the court approves the agreement. In this case, the court first examine the existence of the conditions of legal capacity to dispose of the parties or their duly accredited representatives, to attend the event.
2. The court approved agreement shall have the meaning assigned by law to the court settlement and may take effect by the procedures provided for enforcement of judgments and judicial conventions approved. This agreement may be challenged on such grounds and in the manner expected for the court settlement.
3. If the parties have not agreed or were unwilling to conclude immediately, the hearing will continue as planned in the following articles.
Article 430 LEC. Request for new signage of the trial
If any of those acts have to go to trial it is unable to attend due to force majeure or other cause of similar signaling entity may request a new trial. This request shall be dealt with and resolved in accordance with the provisions of art. 183.
Article 496 LEC. Declaration of rebellion and effects
1. Will be declared in default a defendant who fails to appear in the form on the date or within the time specified in the subpoena or summons.
2. The declaration of default is not considered as raid or as an admission of the truth of the allegations, except where the law expressly provides otherwise.
Article 565 LEC. Scope and general rule on stay of execution
1. Suspend performance only in cases where the Act expressly instructed to do, or agree to do so all parties in person in the execution.
2. A suspension, may, however, adopt or maintain measures to ensure agreed embargoes and will be practiced in any case, those who have already been agreed.
