Consolidation of actions: on the concept of “one single trial” in Article 92 of the CPC and its procedural effects

Abstract

This article examines the concept of case consolidation in Chilean civil procedural law, with an emphasis on the notion of a “single trial” established in Article 92 of the Code of Civil Procedure. It explores its doctrinal and jurisprudential foundations, as well as the effects it generates in the handling of consolidated cases. In particular, it studies the legal hypotheses that justify consolidation and the consequences of the ruling that grants it, addressing issues such as the suspension of more advanced proceedings and the unification of procedural stages. In this regard, two differing jurisprudential positions are analyzed concerning the moment when it is possible to consider that a “single trial” exists among the consolidated cases. A dedicated section will focus on determining the admissibility of procedural abandonment in consolidated cases, which will depend on the position adopted. Ultimately, this study provides a doctrinal and jurisprudential analysis that allows the reader to balance the principles of procedural economy and legal certainty with the right of access to justice, preventing the misuse of case consolidation to the detriment of litigants.