Legal Representation and Due Process in Chilean Law

Posted on Dec 11, 2024 in Law & Jurisprudence

The Parties

Natural or legal persons have started the war by choice or necessity. To be part of a trial requires the capacity for joy.

IUS Postulandi Standing

The party is required to appear in court, affirming itself by the ability to exercise, gained at 18 years of age. To appear in court, one should exercise action: the faculty or medium through which one demands a right and the physical act makes it worth.

Demand

It is written and is defined as a legally binding procedure, and a fact with legal consequences, which enforces our rights through a court, usually solemn, this means it must be submitted in writing.

Sponsorship

A contract that is concluded with a lawyer authorized to practice the profession, the contract lasts the duration of the trial. The sponsorship contract is one that a party celebrates with a lawyer for their defense, advisors, and to take legal proceedings. The sanction for lack of sponsorship is that the letter is understood as not filed. For legal persons, sponsorship must be given by the President or the person empowered by law to do so.

Power of Attorney

A judicial mandate that celebrates the person who rendered in court, this power can be simple or extensive. The sanction for lack of a power of attorney is that the court orders the proper constitution of the warrant, within the term of the third day, after that, the judge may request of its own motion or on application, that the letter be considered not presented.

Writ

A contract by which a person instructs another to represent them in courts of law, or management in any non-contentious process. This mandate is solemn and can be awarded as follows:

  1. Notary public deed or granted by the registrar.
  2. By act extended in a letter to a judge or an arbitrator.
  3. The principal’s written statement approved by the clerk.
  4. By endorsement, in commission for collection of bills of exchange, promissory notes, and checks.

This injunction can only be conducted by:

  1. A lawyer authorized to practice the profession
  2. Attorney
  3. Student of 3rd, 4th, or 5th year or 3 years to graduate having completed the 5 years.
  4. Students making practice.

The judicial mandate does not end with the death of the principal, nor with the lawyer’s death, in which case the interested party or another party will designate a replacement. If the attorney waives this, it should be known by his client and shall not abandon the cause, retaining his responsibility until the end of formal notice of resignation.

Powers of Office

Can be distinguished:

  1. Essential Powers: Those without which the mandate could not survive. Give the president the authorization to act for his client in all proceedings of the trial unless the law explicitly states otherwise. The essential power of an injunction is representation.
  2. Powers of Nature: It is best understood in the writ, without the express parts. The only faculty of the nature of an injunction is to delegate.
  3. Special Powers: Those that must be stipulated explicitly, these powers are the power to withdraw, waive legal remedies, otherwise accept the application, grant powers to the arbitrators, approving conventions, and perceiving.

Forced Appearance

People can be forced to exercise their rights in the following cases:

  1. Snobbery: A person claims to have a right that they do not possess. The boastful party must appear before the competent court within 10 days, which can be extended to 30 days under the warning that if not, they will not be heard after regarding the right they claim to have.
  2. Action includes several people: This is when the defendant has been subpoenaed, only for some of these people, which you can apply this fact is put to the knowledge of the other so that at the end of the site they assert their rights, being warned not to be heard later.
  3. Reservations for action in the Executive trial: The plaintiff in the executive trial shares reserved for the case that the largest shareholder is not hosted, to pass this, you must deduct demand in the regular trial within 15 days.
  4. A preliminary ruling has been initiated by a judicial measure: In this case, the claim must be filed within 10 days, extendable to 30 days for just cause.

Informal Agency

Acting in an individual trial without the power to represent a party. His appearance is always allowed if sufficient grounds exist, for example, if one party is abroad or unconscious in the hospital. The party appearing in court must ratify everything done for him.

Due Process

It is that which meets the procedural standards guaranteed by international treaties ratified by Chile and the principles guaranteed by the Constitution of the Republic, and they are:

  1. Start of Legality: The process in its material form: this is the designation of the court, the matter is, where civil, criminal, labor, etc. This process in its material form should bear the name of the judge and clerk, the number and name of the actuary, and the specific case involved and the names of the parties, the parties will go to the figures, lists of known causes in higher courts, the breach of which could lead to an appeal and nullity. The court is constituted by a judge and a secretary. The process consists of writings containing petitions or defenses of the parties in whose first line goes a sum (summary) of what it contains, is constituted by the documents accompanying the process, or books, by the evidence and proceedings. There are also distinguished the old procedures, were characterized by a major notebook, which is where a trial notebook and accessory eel are those incidents are dealt, which are those not essential require a solution.
  2. Principles of Bilateralism: The court must hear the proposals in which the parties expose their claims, which should be the same kind of weapons to both sides.
  3. Principle of Evidence: The court must rule in accordance with the facts, agree to a system of evidence or freedom of inquiry.
  4. Principle of a Second Hearing: The parties should have the possibility of Appeal to a higher court to review the findings of a lower court.

Procedure

The procedure can take two forms:

  1. Written: Here the parties dealt in writing. Features: is solemn, priced, regulated.
  2. Verbal: Composite with two hearings, the preparatory hearing and the hearing of Reckoning. Characteristics:
    1. You cannot offend the principles of logic.
    2. Here there is no formal procedure.
    3. It is verbal.
    4. Everything is done in the hearing of the trial.

Principles Governing the Procedure

  1. Principle Device: Unleashing the proceedings, to the parties, except in cases of family and working procedure.
  2. Principles of Orality: The statements and defenses, such incidents should be promoted verbally in public hearings.
  3. Principle of the Neighborhood: The judge must be present during the hearing, delegating its functions is prohibited.
  4. Principle of Concentration: All oral proceedings must take place in one or two audiences (high school and trial) on a continuous basis.
  5. Principle of Estoppel: Litigants should be aware, the terms have been granted to carry out their rights a second time, where this is precluded from happening.

Nature of Legal Process

The process is the fundamental basis for all procedures, conflict solutions that the parties submit to a court. The process can be written or oral. The written process is formed with the writings, documents, and proceedings made by the parties and orders of the court. Oral Process: Takes place in a public audience, which should take place by any means suitable for this. Materially the process is called a File, this file is made up of the cover and contains a number of folios, consisting of the letters, documents, and proceedings, as authorized by the secretary as a minister of faith.

Judicial Proceedings

The proceedings must be practiced on working days and hours. Holidays are NOT working days, and business hours are between 8:00 AM and 8:00 PM.

Classifications

  1. Time Limit: There are places in single and common spaces. We understand by term a specific time.
    1. Common communications when all parties are on the same day, usually the resolution receives the case to trial.
    2. Single Term: Those run separately.
    3. Non-extendable Deadline: Those that cannot be increased by general statutory deadlines are non-extendable.
    4. Fatal Deadline: It extinguishes the Administration.

    The process is solemn and the deadlines are fatal, behind which action must be met. If you have not fulfilled the solemn, it still leads to the invalidity and whether it has failed to meet a performance or process within the deadline has been engaged in rebellion and precludes the Administration.

  2. Rebelliousness