This article will analyze the incident of rescission (or nullity) of proceedings due to the lack of summon from article 80 of the Code of Civil Procedure, especially regarding its grounds and consequences. It will be characterized as a means to leave without effect proceedings in which there has not been an effective summon, even in cases where there has been no defect, that can be exercised by any person who was or should have been claimant in the process, including after said process has finished.