Understanding Jurisdiction, Procedure, and Civil Procedural Principles - Prof. Villamarin, Ejercicios de Derecho Procesal Civil

¡Descarga Understanding Jurisdiction, Procedure, and Civil Procedural Principles - Prof. Villamarin y más Ejercicios en PDF de Derecho Procesal Civil solo en Docsity! 28/02/2018 Jurisdiction = who? Action = what? Procedure process = how? Lesson 7 The procedure as instrument of the jurisdictional function Civil procedure: Starting point: A claim • Admission of the claim • Notification • Answer of the claim Trial Evidence Finishing process: Judgement Procedure: Series of acts temporarily arranged and legally provided that serves to apply the Law in particular cases. Differences: • Procedure and trial The trial is the only moment where there are going to prepare the decision, not only during the trial is going to be the activity of judging, for instance in the admission of the claim the letrado de justicia has to see if the person meets the requirements. Besides when taking the evidence, there is space of judgement when it has to be decided if are admitted the evidences. • Procedure and proceedings Proceedings, refers to the external or formal parts of the procedure, specific rules to take a decision. Procedure: refers more in general for the way of these proceedings are taking place. To sum up in the procedure it is applied all the proceedings. Proceedings always refers to the jurisdictional activity. Types of procedures: a) Declarative – enforcement procedures (precautionary) Declarative proceedings refer to the court has to apply the law to the particular case. Procedures/Actions: 1. Mere declarative, means that the court has to declare the existence or inexistence of a right or legal relationship. 2. Declarative of condemnation, the court has to give a judgement of condemning the defendant or to give something or to do something or to exempt from doing sthg. 3. Constitutive, Has to create, modify or distinguish a legal relationship or a legal situation. Procedural Civil Law With only mere declaration you just get the petition asked, but not for making acts if you want to be taken action in the matter you must ask for declarative of condemnation. The provisional measures are taken in the declarative proceedings. The aim is to avoid the impossibility of enforcement of a judgement that could be given in the proceeding b) Civil and criminal procedures. C) Ordinary and special procedures. Juicio ordinario y juicio Special procedures called by the …. Special procedures are those that follow different rules because of the special nature or because their special purpose. There are different procedures as for example, del proceso monitorio, what is difference the track of the proceeding, can go fast or slow, depending on the procedure. d) Summary and not summary procedures Proceso sumario, procedure in which allegation and of knowledge is limited, there is no limitation for the allegation of the party for proposing evidence of knowledge. Only to discuss one thing or aspect and not to discuss other things. Not Summary (“plenario”) Art. 447 e) Singular and Universal procedures. Lesson 8. Procedural principles and external configuration of the proceedings. • The essential principle, to all kind of areas. Equality Judge and 2 parties • The lagal technical principle a) Principle of audience b) Adversarial principle c) Equality of arms *They can also be called principles of natural justice. Principle of audience All parties in a procedure are entitled to be heard = the legislator must grant the parties’ opportunities to be heard. Content: a) civil limb: always the oppotunitu to be herad must be given. Guarantees: good means of notices. If the defendant is absent, jusdgemnt in default. Possibility of hearing to the condemned by default (in cases of force meajeure or lack of awareness of the preocedure) b) criminal limb: the accused could not be sentenced without having been heard. Exceptions? Only in severe crimes is not a requirement to be heard. Procedural Civil Law