La legitimación en la causa una excepción previa (in) subsanable.
ABSTRACT The new General Organic Code of Processes (COGEP) imposes requirements to litigate and obliges the actors of the judicial system to be prepared to respond appropriately to a justice administration practice that is different from how it was traditionally known until that date which is the wr...
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| 格式: | bachelorThesis |
| 語言: | spa |
| 出版: |
2023
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| 主題: | |
| 在線閱讀: | https://dspace.uniandes.edu.ec/handle/123456789/18849 |
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添加標簽 | 總結: | ABSTRACT The new General Organic Code of Processes (COGEP) imposes requirements to litigate and obliges the actors of the judicial system to be prepared to respond appropriately to a justice administration practice that is different from how it was traditionally known until that date which is the written system. These regulations incorporate the prior exceptions that the defendant may raise in the framework of a process; and it determines the procedural moment in which the judger must solve them. In this regulation, within the rules that must be observed to be solved, it is established that, if a previous exception is accepted (rectifiable) of lack of capacity, lack of legal status or incomplete formation of the consortium, a period of ten days will be granted to rectify the defect, under penalty of not having presented the lawsuit applying the proper sanctions. This article seeks to justify the clarity of the Article 295 of COGEP which does not identify it as a prior rectifiable or non-rectifiable exception due to the lack of legitimacy in the case which has generated a dilemma regarding a previous rectifiable or not rectifiable exception. This hinders the work of the judge in the interpretation and application of the right; it also violates the right to the legal certainty security of the litigants. Keywords: prior exception, legal certainty, lack of legitimacy in the cause. |
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