criminal procedure law Civil Procedure Concepts civil procedural law procedural law
set of rules concerning the organization and allocation of the courts or the way to assert in court actions and how to ask the courts to intervene in acts of voluntary jurisdiction .
Procedure Law Procedural laws are those governing the organization and competence of the courts and the substantiation of the processes. Autos
Agreed
are general rules, issued by the High Courts of Justice (Supreme Court and Court of Appeals), designed to regulate matters relating to the operation of Courts are not sufficiently specified by law and are necessary for the proper administration of justice. Jurisdiction
public function by the competent organs of the State, as required by law, and under which, for the trial event, determine the rights of the parties, in order to settle their conflicts and legally relevant disputes through decisions of res judicata, subject to execution according to their content. Couture
Jurisdiction. Legal definition
The power to hear civil and criminal, judge and to execute judgments belongs exclusively to the courts legally established. Article 1 COT
knowledge
Stage This first stage, the court notes the claims of the parties, as well as his defenses and evidence in support of them.
trial stage means to resolve the dispute or legal controversy, work up to the task to the judge at his sentencing. Execution stage
The execution of a sentence means the ability to accomplish what she has resolved to effect even using force if necessary.
Affairs administrative-contentious administrative affairs are those conflicts that arise between any particular and the Central Government to the consequences of any administrative act.
non-contentious legal acts
non-contentious legal acts are those which by law require the intervention of the judge and not to promote a contest between parties. Article 817. Summary information
means test summary information of any kind, delivered without notice or intervention and without gainsaying term marking of evidence. Article 818. Faculties
conservative powers are those given to the courts to ensure compliance with the Constitution and laws, as well as to provide protection to the constitutional guarantees. Disciplinary Powers
These powers include the powers set both the Constitution and the laws grant to the courts to maintain internal order and protect the judiciary, correcting the mistakes and abuses that might be committed by officials as legal persons appearing before them.
disciplinary Complaint Any person affected by any error or abuse committed by a judicial officer, whenever she was not committed in rendering a decision, may appeal to the respective superior, to put it soon remedy the infringement and attesting to the officer who committed it. Appeal for Redress
is the one through which affected parties have a misdemeanor or gross abuse incurred by an individual or collegiate court in rendering a final or interlocutory halt the trial or make it impossible to continue and not appealable ordinary or extraordinary, to the respective supervisor (Supreme Court, Court of Appeal) the correction, making quick remedy to bad editing and applying that ruling improperly any disciplinary action.
economic faculties Faculties
economic or internal order are those under which the judiciary, through its relevant bodies, issues general regulations for the proper administration of justice. With the exercise of these powers tend to get a better and more effective judicial service. Equivalent
courts are all those means which the law recognizes the ability to resolve conflicts between parties, without resort to court and, in some cases, even without resorting to a trial.
Conciliation court is equivalent to that achieved through the resolution of a dispute between parties by mutual agreement, obtained in a process with the active participation of the judge. Drainage
The compromise differs from conciliation in that he obtained legally, without any intervention of the judge, who takes note of its existence through a presentation that made the litigants by agreement. In these cases the court simply to be aware of the compromise and terminate the merit of his trial.
Transaction is a contract whereby the parties end extrajudicial beware pending litigation or possible litigation. The doctrine and jurisprudence adding another requirement: "that the parties made reciprocal concessions."
ordinary courts
As stated in article 5 of the COT are those who are responsible for knowledge of all legal matters which may arise in the temporal order within the territory of the Republic, of whatever nature or quality of people involved in them, except as legal and constitutional. Here are the lyrics Courts, the Courts of Appeals and the Supreme Court. Special courts
are those who know only of matters which by their nature or quality of people involved in them, the legislature has expressly entrusted to them his knowledge.
arbitral tribunals Are those who know only of the materials for which have been designated by the parties or by the ordinary court grant, in cases where the law authorizes or requires its establishment, for example. : Partition of property.
Law Courts are all must resolve the issues submitted to it by law.
Courts of equity are those that resolve each case in accordance with their deepest: the arbitrators arbitrators. Courts
permanent are those that are always up to the knowledge of matters within its jurisdiction (rule). Courts
are accidental those born to hear a particular case, such arbitrators. Instance
Each of the jurisdictional levels of a process in which the court knows the facts and law. Legality
organic aspect contemplates that: a) the existence of the courts, b) the basic rules concerning the appointment of judges and c) the organization and powers of the courts shall be determined by an organic constitutional law, having Transitional Article 5 of the Constitution of the Republic that while this law is enacted will serve as the current COT
Legality in the functional aspect
In Chile the courts are the law in two ways: they can only exercise its authority on the issues and within the territory assigned to them by law, and the exercise of jurisdiction must be in compliance with the rules by the Constitution and the law , the causes must fail strictly subject to the merit of the process. Immobility
According to Article 77 of the Constitution, means that judges hold office during good behavior. Ministerial responsibility
criminal judges are personally responsible for the crimes of bribery, lack of substantial compliance on laws that govern the proceedings, denial and twisted justice, and in general, any transgression incurred in the performance of their duties. Territoriality
courts may exercise their power in business and within the territory that the law has assigned respectively. Article 7 COT
sedentary
Judges are obliged to live constantly in the city or town where the tribunal has its seat in which they must provide their services, but the Court of Appeals may authorize in specific cases to judges reside in a different place.
Inavocabilidad
No court may take cognizance of cases pending or business before another court, unless the law expressly confers this power. Article 8 COT
Passivity
courts may not exercise his ministry but at the request of a party, except where the law is empowered to proceed ex officio. Sought to intervene in a legal and business within its jurisdiction, may not excuse to exercise his authority or even lack of law to resolve the dispute submitted for decision. Article 10 COT
Competition Competition is the right of each court to hear matters that the law has placed within the scope of their powers. Article 108.
absolute Competition Rules of absolute competition are those that are required to establish the hierarchy of the court to take cognizance of a particular case, according to the subject matter of the amount thereof and of personal jurisdiction. Competition
on Competition for is to determine from among the courts of the same rank to which one is going to match the knowledge of a particular case for which addresses the element area.
natural Competition Competition
natural is that which is established in law by the competition rules and absolute.
extended
Competition Competition is one that gets extended court that is not naturally to try a case, which takes place when the parties expressly or tacitly agree to submit their dispute to a tribunal different from that to which naturally corresponds to the knowledge according to the rules of competition.
Competition Competition
own self is the one that is already a court hearing a case for natural competence or extended.
company
Competition Competition
company is one that a court is seised of a matter over to another court to practice it within its territory one or more precise measures. Rule
Settled filing under the law the knowledge of a business before a competent court, this competition is not altered by supervening cause. Article 109. Rule
grade
Once set under competition law of a lower court to determine at first instance of a particular case, is equally determined that the superior court must hear the same case on appeal. Article 110. Rule
extension
The court has jurisdiction to hear a case it is just to hear all the incidents that he promoted. It is also to deal with issues that may arise by way of counterclaim or compensation, but understanding of these issues, given its size, has correspond to a lower court if they engage separately. Article 111. Rule
prevention or inexcusable
Whenever by law has jurisdiction in the same case two or more courts, none of the knowledge may be waived under the pretext of other tribunals that might hear the same case, but the which has prevented the knowledge excludes the other, which has since ceased to be competent. Article 112.
rule execution Execution of orders for the courts that a decision on first or only resort. However, the trial courts of appeals, appeal or review, implement the decisions that enacted for the substantiation of these resources. May also order payment of costs due to the officials who took part in them reserving the remaining costs to be ordered by the court of first instance. Article 113.
Determination of the amount
In civil cases the amount of matter is determined by the value of the thing in dispute.
In criminal cases is determined by the sentence that the crime carries. Article 115.
Extension of jurisdiction
The prorogation is the act by which the disputing parties to confer jurisdiction on a court to who knows of a case over which naturally has no such jurisdiction. Courts
letters are those courts, sole proprietorships, lawyers, law, standing, exercising jurisdiction in a municipality or group of communes that the law has given and that have jurisdiction at first instance all matters promoted in its territory and which are not expressly given by law to other courts and also to hear non-contentious judicial acts for which the law expressly grants them jurisdiction.
exceptional personal courts are personal courts, lawyers, law, that jurisdiction is exercised by a member of a collegiate court, either by investing the office of President of that court or whose turn preset, and its jurisdictional territory the same as that of the Court that is part and competition that shaped you specific points of law.
Appeals Courts are courts, colleges, counsel, legal and permanent, which exercise jurisdiction within the territory of which the law says, which is typically a region or a part of it, accounting for the fullness of competition Secondly, and knowledge in first or only instance of the law those matters expressly entrusted to them. When
delay means that there exists
delay is understood that when divided by the total number of cases in state table, as well as appeals to be known account, by the number of rooms that make up the tribunal, it is a number over 100.
Relationship The relationship is the systematic oral presentation to be made to the Special Court to enable it to be internalized enough of the content of the matter to be resolved.
Allegations The allegations are the oral defense lawyers can make empowered to exercise the profession as well as applicants for lawyers who are making respective practice in legal aid corporations created by law 17,795, attaching certificate accrediting them as such. Lawyers should exhibit its patent by day.
Supreme Court is a court of law, legal, law, learning, which has jurisdiction over the entire territory of the Republic, also wielded the executive, correctional and economic information on all courts in the country, with the exception of out in Article 79 of the Constitution (Constitutional Court, Electoral Court, the regional electoral courts and military courts in times of war) to be its primary mission court in order to meet the exclusive and exclusionary form of appeals to review the background and it has its headquarters in the city of Santiago and is the immediate superior of all the Courts of Appeals. Referees
The umpires are natural persons, which may or not the quality of lawyers who accidentally and spend time to play judicial office under appointment fallen upon them by agreement of the parties in the ordinary justice into a grant or by appointment of the testator, who give jurisdiction over a dispute be determined on a subject that the legislature expressly assigns the competence of arbitrators or on any matter that the law allows to remove the knowledge of an ordinary court and give his knowledge. Referees
These rights must necessarily be lawyers in the exercise of their functions should be subject both to the procedural rules relating to the determination of the process according to the nature of the suit filed, and shall issue their judgments in accordance with the substantive rules applicable. Referees
arbitrators or conciliators
need not be attorneys and must comply with regard to the determination of the process to the rules agreed by the parties and, secondarily, to the basic rules for handling under Articles 637 and following of the CPC, must make their decisions in accordance with the rules of prudence and equity stipulate. Referees
mixed
referees are entitled to those where the law allows, the parties give them powers of arbitrator in respect to the determination of the trial, but their sentences should be imposed according to law. Commitment
is a convention whereby the parties subtracted from the knowledge of certain litigation matters courts, present or future, for submission to the jurisdiction of one or more arbitrators appointed in the same act. Arbitration clause
It is a contract whereby the parties agree to remove the jurisdiction of the courts certain present or future litigation matters for submission to the knowledge of an arbitrator that they themselves are obliged to designate future.
Implications and challenges are certain facts or circumstances that may go over the judges in general, as well as auxiliaries of the Administration of Justice and legal experts, and by which the law presumes a lack of impartiality person who is affected to judge or intervene in a particular business within its jurisdiction, thus prohibited from participating in it (implication) or enables the party to whom the alleged misconduct could affect of impartiality, to request in appropriate proceedings provided that this prohibition on specific business (disqualification).
secretaries are ministers responsible for authorizing public trust, except legal exceptions, all orders, shipments and acts issued by the court to which they belong, and to guard the process and all documents and papers that are presented.
Notaries Notaries are public faith ministers responsible for drafting, licensing and keep on file the instruments to be accorded to them, to give interested parties the evidence that they ask and practice other measures that the law assigned. Article COT 399
Lawyers Lawyers are people covered by the competent authority the power to defend before the courts the rights of the parties. Article 520 Prosecution COT
A successive set of acts of the parties to a conflict of legal relevance of certain third parties and the court, gradually developed to the latter, according to the rules of procedure that the law in every case points, through which the judge performs judicial functions entrusted to the State, the exercise usually ends with the issuance of the final decision, which it entered the solution controversial. Budget process
For procedural prerequisites must understand all the elements that are essential in the existence of the process itself, to its validity. Budgets
existence procedural (1) A court
(2) A legal disputes
(3) natural or legal existence of the parties
procedural validity
Budgets (1) The existence of a competent court
(2) The ability of the parties
(3) The legal formalities are completed
parties in general are among the subjects which produces the relevant dispute or conflict legal and are known by the name of plaintiff and defendant in the civil lawsuit as plaintiff or defendant or defendant in criminal cases.
direct parties are those who start the race, establishing the appropriate action or are forced to endure the procedural relationship for having directed the action against him or since, by express provision of the law should assume the role of plaintiff or defendant, on pain of incurring the penalties that she embodies.
indirect or third parties
are those people who volunteer to process, after the initiation of this, having claims on it, what they can do this at any stage of the proceedings respecting what was done. Third
aids are those that have a direct interest in the outcome of the trial, harmonious with that of the plaintiff or the defendant. Third
exclusive rights are those that are inconsistent with the plaintiff and defendant on the matter at issue.
independent third parties are those who have an interest in the separate issue from that of the plaintiff and defendant, but not incompatible, those who can affect the outcome of the trial. Cases
Article 18 of CPC
This suggests that in a same trial may intervene as plaintiffs or defendants several People in the following cases:
(1) Where several plaintiffs
deducted the same action (a) where the actions emanating from the same event
(3) Whenever appropriate for many or against many, in cases authorized First
law. Ability to be part
may be part of a process any natural or legal entities and certain legal establishment to which the law recognizes this ability, such as the vacant inheritance.
Segundo. Ability to stand trial or standing
personal fitness is that the law requires a subject for it to appear in court as plaintiff, defendant or third party and is to be constitutive of exercise capacity in the field trial. Third
. Ius postulandi
fitness is that the law only recognizes those people who considers qualified to act before the courts, both contentious and non contentious matters.
attorney sponsorship is a mandate by which the management of a non-adversarial process or entrusted to a lawyer authorized to practice the profession to defend their claims before the courts.
The injunction is an agreement by which a person instructs another to represent the Courts of Justice in a non-adversarial process or management.
agency
is a quasi-informal, under which a given person appears before a court assuming the representation of another and offering subsequent ratification of the action taken by the principal, thus yielding a guarantee (this guarantee is called bail while).
Action Action is the legal power that attends every subject of right of recourse to the courts of justice, in the manner prescribed by law, in order to bring the judicial activity of these through the process, so that resolve the final decision whether the claim that it contains should be or not to host.
The claim involves the assertion of a right which states have sought to be recognized and to the lack of it by a third party.
Boasting Boasting is one procedure whereby, if a person indicates that corresponds to a right which anyone not enjoying, it empowers anyone who can boast that affect, to appear in court to respective order to oblige the boastful to deduct the corresponding demand within ten days, within which may be extended by the court within thirty days, for good reason.
The exception
The exception is the legal power to assist the defendant to cause the exercise of jurisdiction getting through it to the attention of the court his counterclaim. Exceptions
delaying
They seek the correction of the procedure, ie that the existence of sanitation services that preclude the existence of a valid procedure. Enumeration
dilatory exceptions (Article 303)
(1) The incompetence of the court;
(2) The inability of the applicant or of attorney or legal representation that appears in your name;
(3) The lis pendens;
(4) The inability of the libel, for not meeting demand with any requirements prescribed by law;
(5) Benefit of discussion;
(6) In general, all tending to correct the procedure, without affecting the merits of the suit filed.
demurrer
are all those who seek to destroy the claim of the party and are therefore lead many as substantial legal relationship discussed in the process. Done
legal proceedings is that event which produces legal effects in the process. Procedural legal facts are classified as accidental, natural or properly such procedural and legal facts or legal acts voluntary process.
procedural legal act is the legal fact voluntary, issued by the parties, certain third parties or the court, aimed at giving birth, modify or terminate the proceedings. Terms
From legal point of view of time are set by law, the court or the parties to exercise a particular power or perform any act procedural legal proceedings. From this point of view the time schedule is made legal process.
judicial proceedings are procedural legal acts performed by the court or to him by the parties or certain third parties, which should be left evidence in the record, duly authorized by the Secretary. Requirements
proceedings
a) should be performed in days and hours
b) should be made of the action in the process
c) should be authorized by a minister of faith
d) must be carried by the official law in each case indicates
form as may be made for the practice of judicial
a) flat. In this case the judge simply allowed the measure without notification to the contrary, this in exceptional cases and to avoid precisely that the coach is frustrated, as the case of a precaution.
b) Knowingly. It gives rise to the practice of acting upon notification of the counterpart of the resolution that authorizes it.
c) subpoena. Action is authorized to practice once Within three days after notified to the contrary that care who it affects and said nothing.
d) hearing. There are certain acts which only may be allowed on the practice of having care given to the party moving. If the party does not answer, the judge rightfully decide, if opposed, it will generate an incident properly.
The Warrants are written communications for which a court is hearing a case instructs the execution of certain other legal proceedings must be conducted within the territory of the latter, such as taking depositions of witnesses residing in the territory the court urged.
notifications process are those legal acts which are intended to inform the parties of a third process or a particular court decision or other proceeding accurate.
Personal service consists in making delivery to the person notified of a complete copy of the resolution and the request that she has fallen, as written.
notification card is delivering the address of the notified document containing a full copy of the resolution and the data needed for successful intelligence.
status notification is to include daily
resolution to be reported in a state to be formed and set daily in the clerk of court with the information specified by law. Notice
tacit
is one that occurs when the party who must be notified at a specific resolution process takes place in any action that involves having knowledge of that resolution. Judgments
are those legal acts emanating from the tribunal process, through which progressive course this gives the file and resolve the matter in controversy in both the process and the ancillary issues that are promoted during the processing.
decree, order or supplied
is called decree, order or provided that, without fail on incidents or procedures as a basis for rendering a sentence, is only to determine or fix the substantiation of the process.
are those resolutions that are intended to provide a progressive course to the Court, without deciding not to prejudge any issue discussed between the parties. Auto
car is called the resolution lies in an incident not included in the preceding paragraph.
are those resolutions that resolve an incident without establishing permanent rights for the parties. Interlocutory Judgement
interlocutory sentence which is an incident of the trial fails, setting permanent rights for the parties, or decides on a process that should underpin the rendering a final or interlocutory.
The detachment effect is that according to which reported an interim ruling to a party, the court ruled that you can not change or alter in any way, as provided in Article 182 of CPC Final Judgement
is
the final decision terminating the proceedings, resolving the question or issue that has been the subject of the trial. Article 158
precautionary procedures are those ancillary procedures, aimed at ensuring effective definite process by which they can access. Measures referred
preliminary measures are those acts legal proceedings, before the process itself, which aim to prepare the entry to it, having diligently practice some evidence in advance or to ensure the practical result of the action that is intended deduction.
preliminary preparatory measures. Concept.
procedural legal acts are those above the actual process aimed at preparing the entry to it.
preliminary preparatory measures. Enumeration
(a) Affidavit on a fact about the potential of the defendant to stand trial, or his personality or the names and addresses of their representatives.
(b) The display of anything that has to be the subject of the action that seeks to engage.
(c) Affidavit or display of the simple title holder of the thing.
(d) Display of statements, wills, inventories, appraisals, title or other public or private instruments that by their nature may be of interest to different people.
(e) Exhibition of books of accounts relating to transactions in which the applicant has a part.
(f) Recognition jury placed in a private firm.
(g) Establishment of judicial representative. Measures referred
evidence. Concept
procedural legal acts are those above the process itself, which aim to provide early practice taking of evidence, when founded fear that they may not be effectively carried out in the procedural question. Measures
evidentiary rulings. Enumeration
(a) visual inspection, audit report and certificate
(b) Forgiveness
positions (c) Witness statements referred
precautionary measures.
concept referred precautionary measures are procedural legal acts, prior to the process itself, which are specifically designed to ensure the practical result of action that is intended to infer future.
preliminary precautionary measures. Enumeration
Article 290 and following of the CPC
a) The seizure of the thing subject of the complaint;
b) The appointment of one or more inspectors;
c) Retention of certain goods;
d) The ban on acts or contracts for certain goods.
The kidnapping of the thing subject of the complaint
Sequestration is the deposit of a thing to two or more individuals competing in the hands of another who must return to obtaining a decision in its favor (Article 2249 Civil Code) .
Auditor Auditor is that judicial person appointed by the court in order to keep track of receipts and expenditures of the goods subject to intervention and give notice of any misuse or abuse note on property management.
retention
specific assets is a precautionary measure that aims to conserve money or other movable property held by the plaintiff, defendant or third party, in the situations provided by law.
The ban on acts or contracts for goods certain
is a precautionary measure is to prohibit the defendant from holding events or contracts for specific assets of your estate.
Demand Demand is the procedural act of actor, under which it exercises the action by submitting to the knowledge of the court's claim to be recognized a right that has been disregarded or impaired.
demand requirements
Article 254. The application must contain:
1 ° The appointment of the court who is brought;
2 The name, address and profession or occupation of the plaintiff and the people who represent it, and the nature of representation;
3 The name , address and profession or occupation of the defendant;
4 ° The clear statement of the facts and legal grounds on which it rests, and
5 The precise and clear enunciation, as reflected in the conclusion of the applications before the court ruling. Location
The site is a notice attached to the order that the defendant appears to the court within a specified period for having drawn a lawsuit against you or for having filed a procedural remedy. Counterclaim
demand is clear that the defendant against the plaintiff in the same procedure and the time to answer the original complaint. Test
is the demonstration by the means provided by law, the certainty of a fact that has been controversial and that is the foundation of law that is intended. Term
The term probative evidence is within the law provides to enable the parties to perform their tests, especially the testimonial. Evidence
Evidence
are those elements that serve to convince the judge of the existence of any fact alleged in the process.
Document Document or instrument or instruments in general is any written notice of a fact. Public Instrument
is the competent official authorized by the legal formalities. Private Instrument
private is any written instrument which records an event, given by individuals without the intervention of a public official in that capacity. Witnesses
Witnesses are those
unauthorized personnel to the process itself, which declare under oath about the verification of certain facts that controvert the trial, which have been informed directly or by another person said. Delete
The studs are the means which the law points to the parties to enforce in court disabilities that may affect one or more witnesses to testify presented certain contrary.
Confession Confession is one form of evidence that is explicit recognition or tactical makes a person of the truth of any act contrary to their interests.
ocular inspection or court staff
is one form of evidence consists of the consideration by the court on its own facts and circumstances at issue in the process materials to be convinced about its truth.
The expert report in evidence is that consisting of the opinion that drains into the process a third party stranger to himself who, by having special knowledge of any science or art, is in a position to render an opinion on certain disputed facts which by their nature, the judge is not in a position to appreciate its own.
The expert report is the letter by which the expert draws the attention of court work and the technical or scientific conclusion to which he reached on the item or subject matter expertise.
Assumptions The assumption is that evidence which is the result of a logical operation by which the law or the judge, based on a known fact, he inferred or implied from another fact unknown and controversial in the process.
requirements of the final decision. Article 170.
The final judgments only first-or second-instance and amend or revoke in part the other courts, will contain:
1. ° The precise description of the parties, home and profession or occupation;
2. ° The brief statement of the petitions or action brought by the plaintiff and its foundations;
3. ° Same statement of exceptions or defenses alleged by the defendant;
4. ° The findings of fact or of law that underlie the decision;
5. ° The enunciation of the laws, and in the absence of the principles of equity, under which pronounced the verdict, and
6. ° The decision of the controversial issue . This decision should include all the claims and defenses have been asserted at trial, but may be omitted from the resolution of those which are incompatible with accepted.
Forms abnormal termination of the process
1. Conciliation. Management is through which the trial judge seeks the parties reach an agreement all or part of proceedings in which the judge plays an active role and can express opinions without knowing then unfit to the process, such an agreement is not obtained.
2. The transaction. It is a contract whereby the parties end to litigation pending or beware eventual trial, mutual concessions are made.
3. The settlement. Consists of the agreement made directly between the parties of a process, which is embodied in a letter presented to the court, in which not only recorded the terms of that compromise, asks the court approval and held as a final decision for all legal purposes.
4. The withdrawal of the claim. It is an abnormal form of terminating a process is the withdrawal of the complaint by the actor after she has been legally notified the defendant, prior notice is not locked the procedural relationship and the applicant may withdraw without withdrawal amount.
5. The abandonment of the procedure. This occurs when all parties are in the process have stopped pursuing it for six months from the date of the last decision rendered in any management progressive course useful to give the file. When
means a resolution signed or executed
Article 174. Means a resolution signed or executed since been served on the parties if no appeal against it, and, otherwise, since it is reported that the decree ordering the execution, after completion of the net resources , or from the expiry of all periods that the law provides for such remedies, without any enforced by the parties. In the latter case of final judgments, the secretary shall certify the fact of the court after the ruling, which is considered final from now without further proceedings.
According to Espinoza Fuentes, firm means the sentence can not be attacked by any remedy, either because
1. no appeal against a case in which it is executed from the time they are notified to the parties;
2. or because such resources by proceeding against the ruling
· They have not been brought within the legal deadlines, in which case, if this is final judgments, the court clerk must certify the fact, considering enforceable from the time the decision , or because, having been brought
· resources granted by law, they have already finished a case in which the sentence is notify executory since the decree ordering the execution. Incidents
Any matter incidental trial ruling requiring special hearing of the parties, be treated as incident and be subject to the rules of this title, if not prescribed by law special handling. Article 82.
Incident is any matter incidental to a process that requires a special court ruling. Competition issues
special incidents are usually promoted by the defendant in a process through which asserts the incompetence of the court requesting that the case is filed against the other, which he estimates legally competent. Inhibitory
competition is one incident in which the party appeals court that had jurisdiction to hear the case, requesting that he direct a trade to one which is hearing the case, asking him to disqualify himself from continuing to forward her and history. Pleas
incident is that competition is made in court that is hearing the case and estimated incompetent, requesting leave to meet the process and submit the records to another court which had jurisdiction.
Implications and challenges are certain facts or circumstances that may go on Judges in general, as well as auxiliaries of the Administration of Justice and legal experts, of which the law presumes a lack of impartiality of the person who is affected to judge or intervene in it (implication) or empowers the party who could harm the alleged lack of impartiality, to request in appropriate proceedings provided that this prohibition on specific business (disqualification).
Withdrawal of claim
particular incident is one which the plaintiff of a process, after the demand has been duly notified to the contrary, asks the court to have waived the claim for deduction.
summary procedure is that an ordinary declarative procedure to be applied to all cases where the suit filed required, by their nature, rapid processing to be effective, provided there is no special procedure for her and the other cases stipulated by law.
summary action for possession or possessory interdicts
are those procedures established by law to enforce them possessory actions provided for in civil law. Complaint
amparo possessory
possessory interdict is that whereby a person who has been disturbed or molested in their possession or who has tried to disturb or annoy in this possession, the court resorted to pretending be granted security against the harm that rightly fears. That is, asking it to protect him in his possession. Complaint
refund possessory
is that by which a person has been deprived of possession that held real estate or real rights therein constituted by acts of a third party seeks recovery of such possession. Complaint
reset possessory
possessory complaint is that whereby a person who has been deprived of possession or violently to the mere possession of a property or real rights therein made available sought reinstatement in the posesión o mera tenencia.
Denuncia de obra nueva
Es aquel procedimiento especial a través del cual una persona hace valer la acción posesoria encaminada a obtener la suspensión inmediata de toda obra nueva de que resulte o pueda resultar menos cabo o perjuicio para ella en el goce de la posesión que tiene sobre ciertos bienes.
Denuncia de obra ruinosa
Ea aquel interdicto posesorio a través del cual una persona hace valer la acción posesoria encaminada a obtener la destrucción de una obra ruinosa que cause o pueda causar perjuicios en el goce de la posesión que esa persona tiene sobre ciertos bienes.
Derecho legal de retención
Es el derecho que le asiste a una persona required to serve a thing, to retain in its possession until you are satisfied certain credits. Citing
eviction
Citing procedural eviction is one whereby the buyer of a species makes to inform the seller of the same result of having been sued in connection therewith, for acts committed prior to the sale, the purpose of appearing to defend that process. Trials
finance processes are those in which it is party or has an interest the Treasury and the knowledge of the law gives it to the courts. Inventory
solemn solemn Inventory is one that is constructed after the judge's decree, the official competent legal requirements.
possession of the inheritance
is no dispute that judicial act by which the heirs of a deceased apply to a court recognizes them as such, which just concluded with the statement that access to that request.
Executive action litigation is a general or special application and special processing is pursued through which forced compliance with an obligation contained in a reliable and undoubted title.
Requirements for appropriate enforcement proceedings
a) That the obligation whose performance in question contained in an enforcement order, or to which the law granted the right of execution.
b) The obligation is now due.
c) The obligation is:
· LIQUES in the case of obligations to deliver;
· determine in the case of obligations to do;
· likely to become the destruction of work done in the case of obligations not to
d) that executive action is not required.
e) That there is a legal link between creditor and debtor. Executive Title
enforcement order is one document that accounts for an undoubted right, to which the law attributes the sufficiency necessary to enforce forced of the obligation contained therein. Enumerating
enforceable
(1) final and interlocutory judgments firm or final.
(2) An official copy of the deed.
(3) Minutes of settlement.
(4) The private instruments.
(5) judicial confession.
(6) Any bearer or registered form, lawfully issued, representing obligations due and overdue coupons of such securities also provided the stamps match the titles and the latter with the stubs.
(7) Any other evidence which give law enforcement the character.
(8) Article 435.
preparatory steps of the executive. Enumeration.
a) Recognition of signs placed in a private,
b) Judicial notice of protest letter, note or check any of the obligors;
c) Confession of debt
d) Confrontation of securities and coupons,
e) APPRAISAL ;
f) Validation of foreign judgments;
g) Notice of executive title to the heirs of the debtor. Embargo
procedural stage is that by which a certifying officer to be real or symbolic delivery of goods belonging to a debtor, the depositary is appointed, in order that such property is paid to the creditor, whether the species themselves or with the product yielding the top of them. Turn
pretoria
a contract is through justice, which is delivered to the creditor a movable or immovable property seized in an execution, to be paid for by their fruits.
Executive action by obligations to
enforcement procedure is the one through which the creditor seeks forced compliance with an obligation involving the execution of any event.
Third party in
third party with an executive in an executive are those interventions that take place in this process at the same claiming unauthorized personnel control over the seized property, possession thereof, preferential right to be paid or entitled to attend the payment in the absence of other goods. In the first case the third party is called the domain, the second office, in the third priority, and the fourth payment.
domain
third party that third party is the executive trial in which a stranger to the process itself, is as it made its claim to be recognized as owner of the species that claims to have seized.
third party in possession is that by which a third party stranger to executive action requesting that it appears to lift the embargo and respect for their possession on property that has been the subject of this because at the time which was performed, the species was found in his possession and therefore should be presumed to your domain.
priority
third party is one in which a party external to appear at this trial by invoking executive as a creditor of the debtor and pretending to be paid in priority to the performer with the product of the auction.
third party payment is one for which a third party, non-privileged creditor, an executive involved in claiming the right to compete for the payment proceeds of assets seized in the absence of other assets and pro rata to their claims.
Middle
procedural remedy which the law grants the party is believed injured by a court order for her to be modified or lifted. Appeal
replacement
is an ordinary appeal that the party must be brought before the same court issued an order or decree, in order that it may amend or rescind vitiated by an error. Appeal
is that of an ordinary judicial appeal, by which it is intended that the High Court as amended, pursuant to law, the lower resolution. Article 186 of the CPC made
Appeal
is the means which the law grants to the parties who been aggrieved by the decision of a lower court that the appeal provides for higher-order directly to amend the resolution in accordance with law. Appeal
The appeal is that means that the law gives the parties a process for the invalidation of a sentence when it contains errors of form or has been rendered in a process handled procedurally flawed (appeal in the form) or, when that sentence has been issued in violation of law that has substantially influenced the device itself (appeal in the background.)
is half the law granting the parties a trial for invalidation of a sentence in cases expressly presets.
Appeal in the form
legal remedy is that which seeks the invalidation of a sentence, having been given this with the omission of any statutory requirements or, having been rendered in proceedings which is not complied with the essential procedures and formalities provided for by law.
requirements of the appeal comes in the form
1. The applicant must be part of the process in which the decision was taken;
2. The contested decision must be a final or interlocutory ruling terminates its proceedings or makes it impossible to continue or an interim 2 nd instance passed without the injured party site or unsecured day for the hearing of the case;
3. The law should provide the service in question as the basis of the appeal in form;
4. The appellant must have timely claimed that affects vice practicing in all grades the remedies provided by law, ie the action must be prepared;
5. That statement must have caused the plaintiff an injury or damage repairable only with the invalidation of the failure or defect in question must have substantially influenced the decision device;
6. The appeal must be deducted in the legal opportunity for, and
7. The appeal must be filed before the same court that issued the sentence against which are used, the corresponding document must comply with the requirements established by law for that purpose. Causal
why the appeal should be in the form
Article 768 of CPC (1) Have been the sentence pronounced by court without jurisdiction or built in violation of the provisions of the law.
(2) Have been pronounced by a judge, or with the concurrence of a judge legally involved, or whose disqualification is pending or has been declared by the competent court.
(3) Have been agreed at the collegiate courts by fewer votes or less pronounced by number of judges required by law or with the concurrence of judges who did not attend the hearing of the case, and vice versa.
(4) Having been given ultrapetita, that is, providing more than requested by the parties, and extending to points not subject to the court's decision, notwithstanding that it has the power to rule by law in the cases determined by law.
(5) have been uttered with the omission of any of the requirements listed in Article 170 of the CPC
(6) Having been given another run against the authority of res judicata, provided it is timely claimed at the trial.
(7) Contain conflicting decisions.
(8) Being given on appeal unsuccessful legal, prescribed or withdrawn: in this case there was no appeal and therefore the sentence was inappropriate.
(9) have missed a step or proceeding declared essential by law or other requirement failing which expressly prevent laws are invalid. Essential Steps
the first or only resort.
(1) The location of the parties in the manner prescribed by law;
(2) the called party to conciliation, where appropriate under the law;
(3) the receipt of the cause test when the procedure is permissible in accordance with the law: that is, when there material facts, relevant and controversial
(4) the practice of taking of evidence whose absence could result in helplessness;
(5) the aggregation of instruments duly presented by the parties under subpoena or statutory warning is in respect of that against who are present;
(6) the summons or notice to any measure of inquiry, and
(7) the summons to hear final decision, except in those cases in which the law provides no such procedure;
Essential Steps second instance
(1) The location of the parties made before the top of appeals;
(2) the aggregation of instruments duly presented by the parties under subpoena or statutory warning is in respect of that against which they appear;
(3) the summons to hear sentence, on appeal it is equivalent to the view the cause;
(4) setting the table cause in the manner described in Article 163;
(5) receiving the test result, the practice of taking of evidence whose absence may cause helplessness and citation or notice for some measure of inquiry, where the case to receive evidence on appeal by the standard have been applied Article 207.
Cassation in the form of trade
is that faculty which the law gives the superior courts to invalidate any sentence when they, knowing of a matter by way of appeal, reference, appeal or any incident, warning that has been incurred some of the defects giving rise to the appeal form, however, that no appeal has been deducted based on the service.
Appeal in the bottom half
challenge is one that aims to invalidate certain decisions when they have been delivered in violation of law, when the offense has substantially influenced the decision device.
procedure is a legal act of aggrieved party to certain judicial decisions, for the Supreme Court that invalidated by failure to act in violation of law that has substantially influenced the decision device, and replace them with another that the law is properly applied. Appeal
review is that resource which aims to get the Supreme Court invalidated a final sentence, when a final decision emanating from it was obtained fraudulently or unfairly, of having attended any of the services that the law expressly states .
Grounds of judicial review
Article 810 1. The award has been based on false documents declared by final sentence handed down the sentence after it is reviewed.
2. If the sentence was pronounced on the basis of evidence of witnesses and they have been convicted of perjury, especially given the statements that formed the basis for the sentence.
3. If the final decision has been gained unfairly under bribery, violence or other fraudulent scheme, whose existence has been declared by court term.
4. If the sentence was pronounced against each other in last res judicata and was not claimed at the trial which led to the final decision. Resource
unconstitutionality
is an extraordinary remedy that is to get the Court Supreme Court, in exercise of the powers granted by the conservative Constitution of the Republic, declare that a particular legal provision should not be applied to a specific case would be contrary to the Magna Carta. Protective Action
The application for protection is that action which the Constitution grants any person who, with consequences of an action or omission suffered arbitrary or unlawful deprivation, disruption or threat to the free exercise of constitutional rights mentioned by the Article 20 of the Constitution, to appeal to the Court of Appeals of the respective jurisdiction to this court to adopt the immediate measures it deems necessary to restore the rule of law and ensure adequate protection of the affected. Replica
