Legal Acts of Court in civil proceedings

Author: Elvira Diaz Rock Anani LEGAL ACTS IN THE CIVIL PROCEDURAL "The legislator must never forget that the process is not more than one instrument, that the forms are not an end in itself and that they are all in the service of an idea : Justice?. (Francisco Carnelutti) "judicial process can be defined as all legal acts dialectical process, performed by the active elements of the juridical and procedural, for the purpose of resolving the conflict of interest or eliminate legal uncertainty and get relevant social peace in justice. "From this definition we can enter the particular issue given that each legal act is a procedural element, and therefore essential in the process. 1. DEFINITIONS: We start with defining procedural legal acts according to the Dictionary of Law, Political and Social prepared by Manuel Osorio, so we are procedural legal acts "are those acts that have occurred within the procedure in the handling by the courts, the parties or third parties, and that create, modify or extinguish rights of a procedural nature.? In traditional views, we have Edward J. Couture, who believes the proceeding, is: "The legal act issued by the parties, agents of jurisdiction or even the third linked to the process, liable to create, modify or terminate legal proceedings."

With a more elaborate approach Chiovenda Giuseppe, in his "Civil Litigation" notes?: Call a procedural legal acts, which have legal significance regarding the procedural relationship, or acts which are an immediate consequence, the constitution, conservation, development, amendment or procedural definition of the relationship and may come from any of the subjects of the procedural relationship. The most important procedural legal act of a party, is the demand and the court is sentencing.? Turning to contemporary definitions, we have that unlike the traditional doctrine of modern litigators have attempted to formulate a general theory of procedural measures to apprehend the character and principles given in the procedural acts, which are shaped by ideas general and special features of these legal acts in the process. Among these are Jorge Peyrano, for whom :?... facts are voluntary acts lawful process, which aim to direct the formation and development, or termination of the proceedings.? As it explains, quoting Robert Berizonce are legal acts that are in relationship. In the same vein: Urquizo Victor Jorge Perez, points out that "the facts are procedural acts by volunteers who have direct and immediate effect of the development establishment or termination of the process, whether from the parties, the court, the Auxiliary Bodies courts or judicial assistance.? Finally, mention Carrion Jorge Lugo who notes: "procedural legal facts are volunteers or just procedural steps, such legal acts are those produced by man as a manifestation of his will, which exists through the freedom to act positively or negatively (or omission). "The author first conceptualized to explain the facts and events or happenings in the world, when they produce legal effects are called" legal facts?, which have effects on the process the call " procedural legal facts?, because they have legal effects are procedural and procedural legal acts when they emanate from the will of the parties to the proceedings.

Of all the definitions we can conclude that mentioned legal acts are just procedural, legal acts that occur within the process and come from the will of the parties to the proceedings (the parties, the judge or others involved in the process), for create, modify or terminate legal relations process. 2. Are there differences between ACT ACT LEGAL AND LEGAL PROCEDURE? Leave in sorting fact from the fact procedural legal proceedings, in that sense, we quote John Monroy Galvez, who clearly differentiates these concepts indicating that the procedural fact is any event or occurrence that may result in the creation, development, or termination of the proceedings, and that this procedure has its origins as the manifestation of the will expressed by any of the subjects of juridical procedure, which produces legal effects within the process would be a procedural act, the latter being different from the first because it has the purpose or desire to produce legal effects desired by the subject of the procedural relationship makes it. In the doctrine are two trends to differentiate the legal act of the legal proceedings, the first considers the procedural act is distinct from the legal act in general.

Adolfo Alvarado Velloso agreeing with this position indicates that service of process differs from the general legal act because only has life and efficiency within the process in which it is run and its purpose is to enable you to compose the sentencing proceedings; ie the procedural legal act would become a kind of legal act in general. The second stream and which adheres to the Argentine procedural Jorge Peyrano, atingencias certain is that which states that service of process is a species that differs from the legal act in terms of content, but only in terms of shape, legislation that regulates them independently. 3. What is meant by "form? Of procedural measures? We must start by noting that our system accepts the Civil Procedure? Principle of Elasticity? Forms of Procedure, which could be understood as the midpoint between the freedom of form and the principle of legality, and set forth in Article IX of the Preliminary Title of the Civil Procedure Code expressly regulated in Article 171 of the same body of law, when in its second paragraph states?: When the law prescribes a certain formality, without penalty of nullity, to perform a procedural act, it will be valid if having done otherwise, has fulfilled its purpose.? Thus the primacy of process over purpose of formality that governs it, Continuing the development of this topic, we quote some definitions of what is meant by the doctrine of procedural legal acts.

Thus, to J. Monroy Galvez is a plastic wrap that covers the procedural steps and allowing them to be appreciated identified, ie, the external manifestation of the procedural act that proves the existence and effectiveness. For his part, Manuel Osorio defined in his "Dictionary of Law, Political and Social as" external requirements of legal acts. Manner or mode of procedure in investigating the cause, or process analysis and conclusion of a contract or act is to take legal effect, process and procedure, as opposed to the merits of a case or lawsuit.? Finally, Jorge Perez Urquizo says:? Procedural forms are the rules of conduct prescribed by law for both the judge and the parties and all those involved in the process, they are obliged to comply.? In conclusion we can say that the forms and formalities established by law for the validity of a legal trial, are the outward manifestation of procedural efficiency that will give you that procedural legal act, but it should not be confused and to subordinate the procedural principles, of elasticity and purpose of the procedural acts the same way.

4. Classes of process: Our legislation provides the following classification: a. Procedural acts of Judge: Judge's Procedural acts are referred mainly to the resolutions issued in the process, but also makes the calls court proceedings, hearings, judicial inspection, among other proceedings in the activity. These resolutions are procedural acts of decision, and, "the decisions that the judge agrees with the occasion of the process by which the judge serves a judicial duty imposed by law of action and the contradiction? . According to our Code of Civil Procedure may issue rulings that the judge are: i. Decrees: In principle, there is consensus in the literature to indicate that they are mere resolutions conduct of the proceedings, because they do not affect any matter of substance of the dispute but merely formalities to drive the process themselves. Resolutions are brief and interlocutory in nature, whereby the process is driven using only the procedural rule and especially not require consideration by the judge as they are not substantiated. Decrees are merely procedural procedural steps by which the Judge encourages the development of the process, and as stated in the law does not require substantiation, are not appealable and only be brought against them the remedy of reinstatement to the Judge or Trial Chamber knows the process, are issued by the respective jurisdictional Assistant (Secretary of the Supreme Courts, Superior and Courts) and signed with your full signature, unless it is issued by the judge in the hearing.

ii. Cars: We conceptualize and resolutions through which incidents are resolved in the process and require substantiation. The cars in the conduct of the legal relationship in terms of procedural value cars are called simple and decisive. Cars simple resolutions are those that support or reject any pending or resolved the question of justice in the aftermath of the process without ending the controversy defendant, and the cars resolutions, are those that become important because they put an end to a matter incidental or substance that promotes pre-sentence or impact on this. Monroy Galvez for the difference between Auto Decree and is in the latter is the product of a logical development - legal by the judge, who also stresses the importance that cars play in the process and while there are those that motivate the process, without exception, these resolutions to resolve minor incidents the normal development process. The Civil Procedure Code expressly covers cases that require cars to their solution are: the admissibility or rejection of the application, admission or rejection of the revocation, Sanitation procedural Interruption Process, Conclusion of the Process, Forms of Special Conclusion Process, concesorio or denials of means of challenge, in the Process extromission legitimate third party, who declared inadmissible or improper acts of a party, admission, or modification of permissible measures.

iii. The Judgement: Inside the traditional definitions of the resolution could cite more momentous by the Judge, we have Edward J. Couture, who said:? The ruling is procedural emanated from the bodies that decide the cause or point submitted to it.? For his part, Hugo Alsina, defined as the "Normal Mode of termination of the Litigation. ". Contemporary authors such as Juan Monroy Galvez, said:? The sentence is the most important procedural legal act performed by the judge. Through it, the Court resolves the conflict of interest and uncertainty with legal rules of law that corresponds to the case, even in response to a request that is issued, the ruling may be to end the process if the decision is on the bottom.? Carrion Jorge Lugo, without further analysis on it, refers to the Peruvian Civil Procedure Code, noting that the decision becomes explicit and reasoned decision of the judge on the controversial issue declaring the right of the parties and by which to terminate the process. For Ramirez Gronda, is "judicial decision that ends the instance civil lawsuit or criminal case, solving respectively the rights of each trial and conviction or acquittal of the accused.? Finally, Remigio Carpio Pino tells us? Which is the highest judicial resolution called judgment, which terminates each of the instances by passing the process, under which conclusively resolved and ultimately, within the respective body, the controversial issue called litis, causing the sentence execution issued by the superior court in the hierarchy, if the parties have resorted to it using the corresponding resource.? If we refer to the kinds of sentences, find an endless number of classifications, however, we will adopt the classification made by the Peruvian essayist Jorge Lugo Carrión in his Treatise of Civil Procedure, so we have non-executable and executable statements, the former also called Implementation, are those that impose compliance with a provision to give, do or not do, and are defined as: "... those that contain a sentence (sentence sends executive pay a sum of money) or a statement and sentence (sentence compensation that sends money to pay for the damage caused).? On the other hand non-executable statements are those that contain no condemnation and, in turn, can be declarative or constitutive, statements are the court decision that simply states on an issue of fact or law, but without producing or dissolute constitutive effect, ie those who only declare the certainty of a particular fact or legal relationship.

The statement contained in such statements can be positive, when they affirm the existence of a particular legal act that demand and, negative when they say the lack of a legal effect which was directed against the defendant, and the Constituencies, are those but to declare that a right or obligation that corresponds to each of the parties, creates a legal situation until then nonexistent, or modifies or extinguishes the situation that already existed, but first there must be a statement of certain conditions as legislation are necessary to produce change, as he pronounces the divorce that dissolves a marriage, unlike declaratory judgments that usually preset effects of the law. b. Procedural acts of the Parties: For Leo Rosenberg procedural acts of the parties are?: All activities processor configurations, ie all external behavior based on the will consents (willingness to act), regulated by the procedural law on budget and effect.? These procedural legal acts are classified as: i. Acts of Application: These are the acts carried out by the parties and they seek a decision of the court providing the material for the foundation.

Among these we can point to the demand as a legal act in the written procedure externalized initiating the trial and is to determine the claims of the actor by the account of the facts giving rise to the invocation of the underlying law and the request clear what it claims, containing the requirements of the Code of Civil Procedure. The answer to this first proceeding, demand, self admisorio, provided it complies with all statutory requirements of both form and substance, and in the process are given a sequence of process both the judge and the parts, and even reaching third step in the process. Demand can be understood as a synonym for request, application, request, application, claim derives from the verb which is understood to instruct or order. Likewise, in everyday language the word is understood and written demand or remedy that a lawsuit exposing the pretensions of the actor, his findings of fact and law and the specific request of what the judge should rule. However, we must understand legal proceedings as the act by which a litigant before the court enters a specific claim activity.

For his part, Nelson Jimenez Ramirez conceptualized as procedural that starts the process, documenting the exercise of our right of action and includes the claim for which we ask protection, an action that is directed against the state for over impartial third party (judge) is resolved. In the same vein, Victor Postigo Ticona says.? The demand is the procedural act that starts the process. Documents the exercise of our right of action and includes the claim for which we ask protection, an action that is directed against the state for over the neutral third party (judge) is resolved. The request is directed instead against the defendant who meets demand, fails or recognize a right for which we believe to be headlines, this will cause the displacement to demand that the citizen will duly notified defendant representations. "With greater success, Juan Monroy Galvez, defined as: • ... Legal prosecution for the act which the actor (plaintiff) submits to the court its claim or uncertainty. By extension the material medium through which you exercise the above-mentioned legal act with which to start the process.? ii.

Constitutive Acts: Those who found a procedural situation within a process and sometimes have effects beyond the process. Among these acts are all those parties, both plaintiff and defendant made along the process activity, such as exceptions, because they are legal actions or proceedings that seek perishing purify the claim filed. 5. WEATHER IN THE PROCESS ACTS: The time has decisive influence on the process and in each proceeding, because this takes place within a space and time, and its effectiveness will depend on the run at the time, and as noted Edward J. Couture: "In the process time is not only gold, but something else, Justice.? While there is no consensus in distinguishing these two legal concepts, time and place, because even some consider synonymous, since both mean always a period, and others like Carnelutti Francisco, the difference is that the term is a period of time has two ends, two points, ie, two days, starting or heading (dies a quo) and the compliance or expiration (dies ad quem), being as it indicates the distance between these two extremes the duration of the term.

But we adopt the position of our Civil Procedure Code, under which means the time in the process in two ways: The term, which is the interval or time period during which action can be performed or performance of a legal procedural still important to note that according to our legislation within the procedural steps to be computed from the day following notification of the resolution that fixes it. And the term, which is the deadline, ie the time the deadline, so if the time is when the term begins, we speak of the initial term and if the time is when the term ends, we refer the final term, then the term is the beginning and end of term. Is the instant at which the effects of an act, duty or obligation, beginning or end. REFERENCES 1. Carnelutti, Francis? Civil and Criminal Procedural Law?, Legal Issues Europe America, Buenos Aires, Argentina, 1944, p. 851 2. Monroy Galvez, Juan? Application of the Code of Civil Procedure?, Compiled by Victor Ticona Postigo in "Analysis and Commentary of the Code of Civil Procedure? (Volume I), Editorial Grijley, Lima, Peru, 1996, p. 337. 3. OSSORIO, Manuel, "Dictionary of Law, Politics and Society", Editorial Heliasta, Lima, Peru, 1999, Pág.1038.

4. COUTURE, Edward J. ,? Civil Procedural Law Studies?, Editorial Depalma, Buenos Aires, Argentina, 1979, Pág.392. 5. Chiovenda, Giuseppe,? Principles of Civil Litigation? (Volume II), Editorial Reas, Madrid, Spain, 1922, p. 533. 6. Urquiza Perez, J. Victor "New Civil Litigation" (Volume I), Editorial Justice, Arequipa, Peru, 1996, Pág.593 7. CARRIÓN Lugo, Jorge? Civil Procedural Law Treaty "(Volume I), Legal Editor Grijley, Lima, Peru, 2000, p. 435 8. TICONA Postigo, Victor? The Due Process and Civil Demand "(Volumes I and II), Editorial Rhodes, Lima, Peru, 1999, pgs. 603 and 569 respectively.