Understanding Civil Procedure: Key Elements and Processes
I. Elements of Lawsuit (Budgets)
a. Constitutive Elements
- Existence of a legal dispute
- The cause is current and arising between parties
- The existence of a Court to resolve that dispute
b. Conditions of Validity
- Competence of the Court called upon to settle the dispute
- Capacity of the contending parties to appear before the Court
- Compliance with the formalities prescribed by law
II. Lawsuit (Subjective Right, Claim)
Self-attribution of a right by a subject, invoking the law, calls for establishing its legal protection.
1. Elements of Action
Active subject, taxable object, cause.
2. Elements of the Claim
Subject asset (Applicant), Taxable person (Respondent), Object (Legal Benefit), Cause (Fact or act)
Multiple Forms (Article 17 of the Chilean Civil Procedure Code)
1. Compatibles
Subject to the same Procedure and Court, can be deducted from my letter president
2. Incompatibles
We could deduce that it always gets in another grant.
III. Exception
It’s all defense mode that the defendant uses against the plaintiff to oppose their legal claims.
1. Dilatory Exceptions
Refer to the correction of the procedure, without affecting the merits of the claim (incompetence, incompatibility)
2. Peremptory Exceptions
They look at the bottom, tend to extinguish the claim (statement of facts and Right)
3. Anomalous Exceptions
Expelling compelling that stand in a different time to the answer (prescription, res judicata)
IV. Parties
1. Plurality of Shares
Several people from the same action or more shares of the same fact / must act together constitute a single agent.
2. Constitution of the Injunction (Safeguards for the Person) and Special Mandate
Simple mandate (Article 7 of the Chilean Civil Procedure Code), termination of the mandate (Article 10 of the Chilean Civil Procedure Code), civil, penal and disciplinary action of the agent.
3. Indirect Parties or 3rd Parties
No plaintiff and defendant, involved already begun, right not current expectation. Calcification: aids, excluding independent.
V. Procedural Acts
Expression of will on the development of the procedure, whatever the subject of the act emanates.
1. Requirements of Validity
Must be performed by staff indicated by the law (Court, Exp: Warrants, reporting, delegation)
2. Practiced on Days and Hours
(Not holidays, from 8 to 20, enabling unskilled in emergency)
3. Leaving Written Testimony in the Procedure
Date, signature of participants and officials of faith
4. Authorized by Competent Official
Approval of certifying official act of faith.
Exceptional Requirements
- Oath interpreter
- Measures of parties: Writings
- Court: Resolutions
The proceedings must be made under: Knowing, with citation, a hearing.
VI. Formation of the Procedure
1. Written
Presentation of the parties, where a solemn place on record its claim on the Court / paper, secretary, Header in addition, copies, signed, Court, identification.
2. Deadlines
- Legal, formal or conventional
- Individual or common (since it was notified) (Article 65 of the Chilean Civil Procedure Code)
- Fatal or non-fatal (Article 64 of the Chilean Civil Procedure Code)
- Prolonged (and justified before maturity) or non-extendable (Articles 67, 68 of the Chilean Civil Procedure Code)
- Deadline working days and calendar days (Article 66 of the Chilean Civil Procedure Code)
3. Default
If the period of the judiciary to act, the court on its own motion or request. hand declare treated in default and proceed as appropriate. . Continuation of the proceedings (not notified., force majeure) (Article 78 of the Chilean Civil Procedure Code)
7. Notifications
1. Personal Service
Delivery of the full copy to the person of the resolution with the identification of the procedure, unless the law or court order to add other information. Cases the 1st, when the law or the judge considers the validation of a measure, more 6 months without resolution. Time date and place open to public access, home or employment of 6-22, non-working day period from day business.
2. Notification of Personal Substitute
In the absence of personnel, not taking the person home or employment is credited; Delivery = personnel but any adult site or at the door or porter Specifying Court, field …. Working days and hours that staff = 41. Warning Letter to Specifying notified …
3. Notification Card
Delivery at home, to any adult or on the door stating … parts matter … Cases: final judgments, resolutions where it is received ok cause test is ordered to appear in person. In all cases order the Court. Days and times: = personal.
4. Notification by Electronic Journal
Is performed by inserting a fixed daily by Electronic Court indicating the date, the role of cause, party name, number of judgments. The previous cases not included
5. Notification Alerts
Publication in newspapers which is the case with = the personal data. Difficulty of finding cases by residence or by number of notified daily fixing and approval of Court knowingly. At least three notices.
6. Tacit Notification
It is made if the party concerned makes a knowledge management assume resolution, not having claimed before the notice invalid.
- Constancia, testimony or certified by faith minister
8. Judgments
Classification
1. Definitive Judgments
They put an end to the instance to solve the matter in court.
2. Interlocutory Judgments
Falla an incident of the trial or establishing a permanent Right for a party or admissible that solves the basis for the final decision or interlocutors.
3. Auto
Resolution lies in an incident not included in the interlocutors.
4. Decreto
Determine or fix the substantiation of the procedure not included in the Interlocutory Judgments.
- Enforceability: Since it is notified and no action or ended term.
- Requirements: Expression in the letter of the date and place where it is issued. Sign judge.
Effects of Judicial Resolution
1. Desasimiento
Final and interlocutory judgments, which have been notified can not be modified by the Court. Exp: Appeal for clarification, correction or amendment / Incident of invalidity for lack of notice.
2. Res Judicata
After the sentence of condemnation, the winner may enforce the right declared forcefully in its favor and prevent these later pronouncement.
1.1 Elements
Immutability, unchallengeable, enforceability.
1.2 Limits
Subjective (only reaches to the subjects of the procedure) Objectives (Object order and cause to ask)
1.3 Treatment
Action of res judicata and sustained budget in final sentence or international, and currently due. Exception to invoke res judicata immutability and avoid further discussion on what has been resolved => It’s Waiver and essential, and requires the legal identity of the person and the res judicata.