Civil process

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The civil process is the set of actions that are processed before a court of civil jurisdiction, that is, those that resolve private conflicts between individuals.

This process is responsible for the effective protection of rights, legal assets, relationships or situations of a private, civil or commercial nature.

In these civil processes, conflicts between individuals are resolved, and it is their will to bring their controversy before the judicial authority. For example, if there has been a problem in a sales contract, it is the decision of the parties to take their dispute to the judicial authority.

Civil processes are those that solve a large number of family problems, inheritances, private contracts, real rights, etc.

Characteristics of the civil process

The essential characteristics that define the civil process are:

  • There are two parties: the plaintiff, the one who initiates the civil action, and the defendant, the one who receives the claim so that he can answer it.
  • Only matters of civil law are settled in this process through civil action.
  • Those competent to resolve are the civil courts of first instance.
  • As with the other processes, there are resources such as appeal or replacement.
  • There is no initiation of the civil process ex officio by the judge or court, it must be the plaintiff himself who initiates it with the claim.
  • The civil process can end abnormally, that is, with a search of the opposing party or with the filing of the process.

Classes of civil process

Within this jurisdiction there are different civil processes depending on the claims of the parties, that is, on what the parties who go to the judge to resolve the conflict want:

  • Cognition or declarative process: What the party claims is the issuance of a declaration of will. For example, a party claims in court that it is declared that the house is his property, or that he has a rental agreement. It only requires the judge to declare those rights. Within these processes there is:
    • Ordinary processes: They process any claim.
    • Special processes: They are established for certain claims. For example, civil claims relating to rights to honor or privacy, inheritance or the order for payment procedure among others.
    • Verbal process: They are those processes established for claims of a smaller amount and are faster than the ordinary ones.
  • Execution process: What the party claims is the action of the judge, not a declaration of a right. For example, that some people are evicted or that a neighbor is forced to stop their works. These processes also serve for the judge to enforce the sentence in case the party obliged to do so has not done so.
  • Precautionary measures: It is not exactly a specific process, but it is within these processes, since the judge is not required to make or declare, but rather to issue precautionary measures to ensure the claim.

Principles of civil process

The principles that govern this process are:

  1. Principle of orality, immediacy and concentration: To guarantee legal certainty to the parties, in the trial all the relevant evidence and documents must be exposed, at the same time so as not to give advantage to any party and orally so that it is notorious. what is happening.
  2. Principle of contradiction and hearing: It is necessary that the parties can answer each other before the judge so that the court can make a decision in accordance with the law. Furthermore, this gives the defendant the possibility to oppose or answer the plaintiff.
  3. Principle of requested justice: In civil proceedings, contrary to what happens in criminal proceedings, the parties can reach agreements on the purpose of the process, can desist from it and can provide the judge with all the necessary evidence. For example, in a criminal proceeding where a murder is prosecuted, the victim cannot desist, leaving the accused unpunished. On the other hand, in a civil process a person can desist from his claim that his renter owes him several rents if they reach an agreement.
  4. Equality principle: Equal treatment of plaintiff and defendant.
  5. Principle of publicity: The two parties will know of the proceedings before the court exercised by the other party so that there is no defenselessness.

Phases of the civil process

The phases of the civil process are divided into:

  • Preliminary proceedings.
  • Initial arguments of the parties.
  • Prior hearing.
  • Holding of the trial.
  • Sentencing or abnormal forms of termination (trespassing).
  • There are resources against these completions of the process.

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