Functional Litigation in Civil Procedure: A Comprehensive Guide

Posted on Nov 10, 2024 in Law & Jurisprudence

FUNCTIONAL LITIGATION

Procedural Acts and Parts

Concept: All those human actions that affect a process, i.e., voluntary human acts, the judge, or third parties that create, modify, or extinguish legal relations process.

Elements namely:

1. The existence of one or more wills designed to produce effects in the process. The general rule is that these manifestations are unilateral, unlike the civil legal act.
2. The will must manifest itself, and this event is generally formalities.
3. It must be intended to produce effects in the process.

Characteristics of Legal Procedure Act

1. They are essentially solemn. The solemnity is reflected in the deed. Procedural acts are essentially written. Remains the general rule in our civil procedural law, for the supplementary nature of the CPC, the deed. In the new draft Civil Procedure Code, orality is the basic principle.
2. It is mostly unilateral. Just the manifestation of the will of one party to produce effects on the process (application, exceptions, demand response, counterclaim, etc.). However, there are exceptions to legal acts bilateral process: commitment, arbitration, compromise, conciliation, etc.
3. There must necessarily be a process, while the process requires procedural legal acts: no demand, no process.
4. They are independent of each other, because each legal act is sufficient procedural also. But despite this independence, procedural legal acts are related to each other, each of the procedural legal acts are part of the procedure and this is the rational and logical statement that determines the procedural legal acts.
5. The principle of autonomy is restricted in procedural matters, because the procedural legal acts are prescribed by law and are public, subject to the exceptions in the law itself.

1) The acts of the courts refer to all judgments that may dictate the judges, decrees, orders, interlocutory orders, and final judgments.

2) The parties’ procedural acts may consist of any requests that each party goes to court and which aims to provide a progressive course of procedure, that is, those acts performed by the parties aimed at reaching the final decision. E.g., incidents are matters ancillary to the trial. They may also be made by those legal actions where the parties intend to proceed not only progressive acts but also intended to make substantive issues e.g., demand response, reply, rejoinder, among others. There are also acts which are intended to prove the claims or compensations. And finally, there are those that involve or seek to address the court decisions because these decisions have defects in form or substance. E.g., procedural remedies.

3) The third procedural acts involve the intervention of a third party with no stake in the process and therefore the main feature is impartiality. E.g., witnesses and experts.

GENERAL THEORY OF THE PROCESS

To understand the General Theory of Process must consider three basic concepts:

1. The action.
2. The Court
3. Process

These three elements are closely linked, can not be conceived separately.

Jurisdiction

In civil matters can not be performed automatically by the courts, at least to begin a trial, the initiative must always be in the will of the parties. For a court can begin to hear a court case it is necessary that any party formally requiring or court intervention.

Here comes into play the concept of action is necessary to exercise the procedural action understood as the act to provoke the state court activity.

The action is a manifestation of the will of either party to the dispute, because in principle no one can be forced to deduct a share, is an entirely voluntary act or optional, depending on who says a right.

How the action is exercised? This is exercised through the application, is the only appropriate means to stop bringing a civil action is the only way the court can intervene.

The Process

It is the means established by law for the exercise of jurisdiction, is the most perfect known and through which the parties make their claims and through which the judge hearing the case and solves it.

The process presupposes the existence of a legal dispute. Through this resolution of the dispute, the legal dispute is resolved. The process, in that action or proceeding may be defined as the legal conflict, now between parties, and submitted to the knowledge of an ordinary court, special or arbitration. The process requires the existence of elements or budgets contained in its definition:

1. Existence of a legal dispute
2. That the conflict is current.
3. That the conflict arising between parties.
4. And there is a court to resolve that dispute.

All these elements are what are called elements of the process.

In addition to these elements of the process, there are called elements or preconditions for the validity of the process are:

1. Absolute and relative competence of the court called upon to settle the dispute
2. Capacity of litigants to appear before the court
3. The observance or fulfillment of the formalities prescribed by law for the validity of the various acts that form.

We can define the procedural requirements as those requirements to be satisfied that the legal relationship into existence and validity proceedings, leading all legal purposes. The relationship to be valid procedure requires the submission of oral or written demand, the judicial resolution of the ordinary court, that special or arbitration has been filed, and the location of the defendant.

On the other hand, it must be remembered that the word should not be confused process or to process, or to trial or to file or to cause nor to dispute.

The process may be filed based on different rules that are constituents of the procedures. Processes are not always substantiated in the same way.

The application of a procedure can not be delivered to any party. The procedure should be applied objectively depending on the nature of the action to be inferred.

The immediate and direct source of the procedure is the Code of Civil Procedure, which is not unique, there are also additional procedural laws.

Functional Procedural Law is classified in Civil Procedure Law and Criminal Procedural Law.

Civil procedural law is legally regulated in the Code of Civil Procedure and the criminal procedure law in the Code of Criminal Procedure.

Civil procedural law regulating civil proceedings taking place in one of the procedures that the Code contemplates.

The rules of the Code of Civil Procedure, and therefore governed in accordance with Art. 1, the procedure of judicial affairs or contentious disputes are subject to the knowledge of the courts.

Structure of the Code of Civil Procedure

Civil Procedure Code is divided into 4 books, 925 articles, and a final title. Each of these four books are subdivided into titles and some of these into paragraphs.

As the scope of the Code regulates in a methodical and orderly procedure of the civil strife between parties and non-contentious jurisdiction acts which are heard by the courts.

The books of the Code of Civil Procedure are:

1. Book One: Provisions common to the whole procedure:
   Here, all procedures are applied without distinction, even criminal.
   It includes subjects like everything concerning parties, how to stand trial, the parties indirect, third, the judicial proceedings, the deadlines, notifications, incidents, injunctions, etc.
2. Volume Two: From Ordinary Judgement:
   This book is important because if the suit filed in the lawsuit has established special treatment, they must apply the provisions of this Book, this is the basic trial type or trial.
   It is also important because even though a proceeding is special, you can get to implement the relevant provisions of Book II in all procedures that are not specifically covered in the special procedural rules. Example: in the enforcement procedure or within the summary trial does not contain rules regarding the form of witness testimony, then that is relevant rules of Book Two, as provided in Article 3 of the CPC.
3. Book III. Of Special Trial:
   Regulates several procedures whose application is different from ordinary suits. The issue has a special procedure depending on the nature of the action deducida.Dentro of these rules include the executive action, the summary trial, etc.
4. Book Fourth of judicial Non-Contentious
   The Fourth Book applies in cases where no dispute between parties is promoted

Applying the rules of the Code of Civil Procedure in a particular case:

You have to distinguish whether we are dealing with a contentious issue or dispute.

In the event that it is a contentious issue

The first thing to do is the nature of matter, i.e., to see if that action is or is not established within the rules of the Civil Procedure Code, special rules of Book III of the Code. For example, if the action is executed, has a special procedure and use the executive procedure.

These special rules of the Third Book must be supplemented by the rules of Book One.

If the rules of the Third Book are insufficient, under these special rules existed a loophole in a subject, particularly additionally apply the relevant provisions of Book II, exactly as provided (i.e., by application of Article 3).

In the case of non-contentious judicial acts.

Here is to do in each case whether the non-contentious legal act in question is or is not specifically regulated in the Book Room

If the act is regulated by the said Book, these special rules should apply. Example, appointment of guardians and conservators (Articles 838 and following of the CPC), these rules must be complemented with those of Paper IV and also with the relevant provisions of Title I of Book Four. Vacuum exists, pursuant to article 3 of the same will apply the relevant provisions of Book II. E.g., Identify a witness.

Scope of the Code of Civil Procedure:

This is said in article 1 of the CPC, when he says that the provisions of this Code governing the procedure for disputes between parties and the acts of non-contentious jurisdiction, which are heard by the courts.

This means that the CPC does not apply in principle to the following issues:

1. The contentions in criminal matters, because these are governed by other rules, unless the Criminal Procedure Code be referred to the CPC, (examples: Article 32 in regard to the rules applicable to notifications, art.52, applications common rules to any proceedings, etc.., otherwise it can not be applied.
2. In all cases, be referred to contests or non-contentious legal acts subject to special treatment or they are expressly excluded from the application of this Code.

Procedure

Concept:

Is the set of principles and rules governing the process and consists of a series of procedural steps that develop gradually and forth in time and are interrelated, culminating with the final decision.

Characteristics of Civil Procedure:

1. The procedure is written because the written proceedings prevail over orality. This does not mean that all actions are written. Example: The witness statement is verbal, which is transcribed in writing, the allegations in the Courts
2. The publicity of the proceedings: The acts of the courts are public and this means that the actions of the procedures should be public, unless otherwise indicated by law.
3. They are usually structured on the basis of double jeopardy. It consists of a dual judicial review is important because it gives full guarantees to the litigants. Means the possibility of reviewing the proceedings, but not any revision, but it is one that performs the superior court if it gets the corresponding appeal.
4. The parties have the opportunity to enter to replace the legal procedures, the same goes for the judge. You can not change the rules of procedure unless the law itself allows. Example: procedure referees arbitrators.

Classification Procedure:

See their ranking from multiple views:

1. Given the nature of the rules to be applied or the nature of the subject of judicial proceedings, the proceedings may be civil or criminal.
   a. Civil Procedure, referred to in the Code of Civil Procedure and additional procedural laws (e.g., the Labour Code, Civil Marriage Act)
   b. Criminal Procedure, referred to in the Criminal Procedure Code and other laws, e.g.: Code of Military Justice, the State Security Law.
2. In the processing that has the view, we must distinguish between ordinary or common procedure and extraordinary or special.
   a. Regular or common procedure: the common and residual to all others, i.e., which ordinarily are processed in this way all the judicial races, who are not designated a special handling. E.g., a high value, small claims, small claims.
   b. Extraordinary or Special Procedure: Is one that is governed by special provisions for certain cases it establishes. Examples there is a commonality executive procedure (when applying the rules of the Third Book of the CPC) and there is a special executive procedure (e.g., enforcement procedure established by the Banking Law).
3. Considering the way in which to conduct the trial or the trial ritual, we can distinguish between oral proceedings or verbal, written procedure and a combined procedure.
   a. Written Procedures: is he dominated the proceedings should be recorded as documented in the process. Are those in the handling there is a predominance of literal translation of the written proceedings.
   b. Oral or Verbal Procedure: is he dominated the proceedings orally or orally and not written. Summary Procedure Ex.
   c. Joint Procedure: is one in which all actions are mixed, oral and written, without distinction, without which there is a predominance of one or the other.
4. Whereas the aim pursued by the exercise of the action, the procedure can be known, and interim executive or precautionary.
   a. Procedure Knowledge or Cognition: those that are intended for the declaration of a right, the constitution of a legal relationship or a declaration of responsibility for executing a service. They are primarily aimed at establishing placabilidad one or more legal rules to a fact or facts that have happened.
   This definition shows a sub. The specific purpose that could pursue this procedure might be:
   a. – civil condemnation of the opposing party, which is that the defendant is sentenced to a specified service. Example: Paying a price balance.
   b. – The mere declaration procedure certainty are those that tend to eliminate a state of uncertainty through a statement that solves about the existence, scope, and modality of a legal relationship or a right. In other words, merely recognizes an existing legal situation, without imposing any sentence the defendant neither requested the modification of a given situation. Example: trials in pursuing the annulment of a contract.
   c. – The procedure is that in establishing the court, through the sentence is new legal states and operates primarily in the field of family law. Lawsuit e.g., declaring a divorce, separation of property, children of non-marital affiliation, etc.
   § Executive Procedure or of performance: is one that is intended to satisfy, to the party that obtained in the trial declarative sentence or who hold a right that allows its application for a writ of execution entered in the full satisfaction of the provisions in the conviction or the source of the obligation has been breached.
   § Precautionary Procedures Precautionary or are those who pursue intended to ensure the result of different action. In Chile doctrine calls orders or injunctions are precautionary measures.
5. According to the disputed amount of talking about small claims procedures, small claims and higher level (it is clear from Articles 698 and 703 of CPC).
   a. Minimum Amount procedure we are dealing with a procedure where the value of the disputed does not exceed 10 UTM
   b. Small Claims when the value of the disputed exceeds 10 UTM and always higher than the 500 UTM.
   c. Large Claims when the value of the dispute exceeds the 500 UTM.

Action

Introduction:

The objective element of the process it is the conflict, whatever the legal nature to agree on that.

Litigation means intersubjective conflict of interest legally important, rule or adjustable for the right purpose and characterized by the existence of a claim resisted.

The process is intended to resolve the dispute, which gains its existence only by virtue of statements made by the actor, since only its own bid for the effects generated by the process necessary for the purpose of obtaining a solution.

Accordingly, it is necessary for the process originates is engaged in an action to set in motion the court for a preliminary promoted conflict resolution.

It should be noted that in respect of the judicial function governed by the principle of passivity, according to which the courts can not exercise his ministry but at the request of a party, except in cases where the law is empowered to proceed ex officio (Art. 10 COT). Consequently, the action appears as a budget to be set in motion the exercise of judicial functions.

Barred from the practice of self-governance and the inability to AutoCompose the conflict, gives the citizen the right of action to set in motion the jurisdiction and in the process of conflict resolution.

Concept of Action: Action is the legal power that attends every subject of right of recourse to the courts, in the manner prescribed by law, in order to bring the jurisdictional activity of these through the process so that the final sentence is decided whether the claim that it contains should be or not to host.

For Carnelutti action is an autonomous right to dispute is just the composition.

Couture for action is the legal power that is all subject to right of access to courts, calling for the satisfaction of a claim.

§ Professor Juan Colombo Campbell procedural action defined as the right of the subject of a dispute to be submitted to the court decision through the process.

For its part, the claim can be defined as the right of the parties to petition the court for a judicial decision favorable to their interests in the final resolution of the process.

Both institutions have unique requirements and different. The court decides on the action just is presented, opening the process if the host or denied if the rejects. The right of action is extinguished by the same with your exercise, unlike the claim, which is maintained throughout the proceedings, until the final decision on it and decide if they are performed even after the procedural remedies.

Meanings:

The word action is used with different meanings. This will depend on what the field of law involved:

1. In commercial law the word action is used to refer to the part or share in dividing the capital of a corporation.
2. In criminal law, the action is synonymous with the conduct of an individual who commits a crime.
3. In civil law, the action is used as the means to protect individual rights (e.g., the action claiming that protects the right of ownership).
4. In the procedural right word is also often take action with different meanings:
   – As a synonym of subjective rights. The action could be deducted on the individual right view. In this sense, the action is a supervisory mechanism of subjective rights. It is said therefore that the action is the right to exercise the right to pursue in court all that we owe.
   – As synonymous with demand. This is debatable because the demand of process through which action is brought, and is therefore wrong to consider these terms as synonymous since both concepts are different
   – As synonymous with pretension. The claim is the subordination of the interests of others to self-interest. Hence, action and intention are distinct.
   – As an act that serves to bring the judicial activity of the State. This is an autonomous concept and is the true meaning or significance of the word action.

For E. Couture action is the power or authority to lead the state court activity. Thus through the action ensures that the State is in motion with its judicial function but for that to happen there must together with the proceedings, to raise a claim and both are made through the procedural legal act called demand.

The Royal Academy of Spanish Language defines the action from this point of view: School derived from a subjective right to assert at trial that content.

Legal nature of the action

This concept has also had different interpretations and there are several theories to explain the legal nature of the action. The problem lies in determining what relationship exists between the subjective right of action.

Theories that explain the legal nature of the action are mainly two:

I. – Theory proprietary, Monist or Classic for action

According to this view, the violation of any law creates a new right that is under repair or restore the right violated. So if it violates the right of ownership, such action claiming born aims to recover, which is why this doctrine holds that the action is the right claimed in court.

The classical theory assumes that the action has four elements:

1. A right as the foundation or object of protection;
2. An interest protected by law;
3. A right holder;
4. The ability or attitude proceedings.

From the above, under this doctrine, we deduce the following consequences:

• No action if there is no right, only there a right and a violation of the act may conceive the existence of the action;
• The action depends on the nature of law, and creates a personal right to be brought an action against the other part of the legal and generates a real right of action on anyone who does not know or undermine that right.

Critical to this theory:

This theory is not acceptable at present, since not explain different situations that arise, such as follows:

1. First does not explain the existence in the legal system of rights without action, as in the case of natural obligations.
   Let’s see what are the Natural Duties: Those that do not confer the right to enforce them, but they met, allowed to retain what has been given or paid under them. Art.1470 Civil Code.
2. Second does not tell us where there is exercise without the right action, as with all claims that are rejected in the final sentence to be unfounded.
3. Third does not explain the actions unsatisfied despite having received in the process, as in the case of insolvency of the debtor.
4. Finally no action as the right granted in court deducted explains situations in which exercise is contemplated without a law, but the action is exerted for the purpose of protecting an event such as the possession and for which effect is likely to carry out several possessory actions for protection, restoration, restitution, etc.

II .- Dualists and Modern Theories of action.

The authors argue that these theories agree that the individual right of action should be separated. These theories postulate that subjective rights and action are different.

The credit that you recognize this theory is to have separate adjective substantive law or procedural law and have also focused the public nature of the action, giving the state a given precedence in resolving disputes.

Moreover, this theory formed the basis of the independence of Litigation.

But not all supporters of this theory agree on what is the relationship between action and the subjective right. Hence, according to advocate a degree of relationship between two concepts, there are two shades in this theory:

• Specific theories
• Abstract theories.

1. Theories concrete action:

His supporters acknowledge that right and action are two different things argue that the only responsible action to the person entitled. They are major supporters of this theory Windscheid and Muther, for the first recipient of the action is only the defendant, in contrast to Muther the recipient of the action is the judge and through that the defendant

Supporters of this theory conceive of action as an entitlement to a sentence of specific content, favorable character for the owner, who is entitled to such content, concrete and positive, precisely because the ownership of the action to enjoy.

Action theories as abstract right

According to them, those who advocate responsible action argue that it has both the right and the one who does not and there is no relationship between the subjective right of action.

According to this theory holds up with different shades, that the action is not a public right concrete, but abstract, since it is independent of the presence or absence of a substantive right, since the existence of the latter only requires so that the claim contained in the suit filed is received in the sentence, but not for the purpose of bringing and cause the exercise of jurisdiction.

The authors indicate that the parties have action regardless of whether or not the substantive law because the jury will ultimately not the beginning of the process, determine the presence or absence of the substantive right claimed. In this form clearly explains the reason why can be inferred actions devoid of reason.

The main supporters of this theory are Carnelutti, Couture, Alcalá Zamora.

Critical:

This theory has been criticized as exaggerating the merits of the action, since, according to her, might even go so far as to imply an action by the actor in order to obtain a judicial declaration that not really the right is that it marks not have.

The action in our Code of Civil Procedure

In our CPC does not provide any concept of action in any case we can say that considering the time of writing, our Code are based on the monistic theory or classical. Thus, in various articles of the Code of Civil Procedure can be seen that this was the meaning assigned to it by the commission that drafted the Code. E.g., Article 17 of CPC. Later we will refer to this example.

Action Items:

They are:

1. Existence of an active subject, which is the plaintiff or applicant who exercises the action, and this can be any subject of law, whether natural or legal person.
2. Existence of a taxpayer, which is constituted by the State because the action is directed against the State through the courts to be set in motion the judicial activity.
3. Existence of an object constituted by the purpose of the action that causes the activity of the state court.
4. The existence of a cause, which is the existence of a legal conflict of interest is not resolved

Ratings action

Actions provide various classifications, depending on the points of view from which they are formulated.

Indeed:

1. In its aim or purpose, the shares are classified as sentence, declarative, constitutive, executive and precautionary.
   § Condemnation actions: those through which the actor pursues the defendant is sentenced to a certain benefit for them (e.g., action claiming that aims to be sentenced the defendant to reimburse the plaintiff claimed movable or immovable property; action for the recovery of an outstanding balance of the purchase price which is to be sentenced the defendant to pay the complainant the price, etc). This is the most common actions in the life of the law.
   Declaratory actions are those designed to obtain the simple statement about a legal situation, in fact, appears uncertain (examples of action that seeks to void a contract, the action seeks a declaration that a particular marital status or the challenge of a particular marital status, etc). In practice, these actions have a narrower field than before. But there are many similarities between them and the declarative, as it also condemns actions require a statement of the right whose provision is intended, but differ in that the actions of conviction, the prior statement is to require the provision instead declarative in the interest of the actor is satisfied with the mere declaration, not being subject to compulsory enforcement.
   § Actions constituent are those that seek to obtain legal states new or modify an existing legal status through the issuance of the order accordingly. There is also talk of acts constituting status and rights. Examples of the former: the interdiction actions, divorce, annulment of marriage, parentage, etc; example of the latter: the action on recovery of damages from wrongful acts, they really tend to get a credit not previously had.
   The importance of these actions in particular, the constituent state, is that the decision has effects erga omnes, that is, for all the world and that these effects occur only for the future and never affects the past.
   The difference between this type of action and the declaratory relief is that the latter is aimed at establishing or declaring the existence or nonexistence of a certain state of constitutive law and therefore tend to modify that rule of law.
   § Executive Actions are those that tend to get forced compliance of the provision, which has reliably in any document to which the law gives the right of execution.
   § Precautionary or protective actions are those who pursue intended to ensure compliance with a provision which recognition or judicial declaration is still pending (examples precautionary measures).
2. Considering the procedure to be applied, we have one common share, an executive summary and an injunction.
   § Common Stock, are those that are processed under the regular procedure or common. From this point of view the other actions are called generic extraordinary or special.
   Within these special actions you can name the summary action, enforcement action and preventive action
   § Actions summary: those that apply to them are characterized by a more brief and focused on those cases which by their nature require rapid processing to be effective. Example trial of lease termination.
   § Executive Actions: those that are characterized are given a compulsory process and compulsory measures, against the resistance of the debtor. Procedure begins with the seizure of property and is governed by Articles 434 et seq. CPC.
   § Precautionary actions: those that are dealt with proceedings incidental to the main proceedings, in order to obtain an order or resolution will ensure the court, also in a brief procedure designed to ensure the outcome of the main action. Such protective measures.
3. Considering the nature of law that underlies the actions could be economic or family.
   § Equity shares, they can guarantee the rights of property, which are those that can be valued in money. Property claims can protect real or personal rights.
   The real are those that serve as security for personal property rights and serve as a personal guarantee.
   § Actions extrapatrimonial or family: family activities guaranteed rights of the family, no money valued in principle: Example relation to people’s marital status.
4. Considering the matter on which the action relates was talking about:
   § Civil actions are those in which the right whose protection is sought is civil in nature.
   § Prosecution are those in which the right whose protection is sought is a criminal.
   This classification is of practical importance because these actions differ as to the jurisdiction of the courts, the procedure are subjected to various forms of evidence, that is credited for the purposes of the statements to solve them, etc.
5. Whereas the purpose or nature of the property to which access, we stock and real estate.
   § Actions furniture are those that protect the right furniture, or which is exerted on a movable or deals with a fact due. To know that things are crucial factor the furniture should be Article 580 of CC in this manner is cabinet action, such action required to be paid to have one who has borrowed money.
   Property actions are those that protect a property right, i.e., that is exerted on one thing building. For example, the action of the buyer to have it delivered the property is purchased property.
6. Whereas if the action may or may not survive alone, the shares may be principal or accessory.
   § Main actions: those that protect an independent right, that is, one who can stand by itself, the action has its own life (e.g., the collection action of the sale price)
   § Ancillary actions are those that can not survive by themselves, require another major action to survive. Example: precautionary action, counterclaim, the cross-appeal, the collateral action.
   The importance of this classification lies only in that the ancillary action follows the fortunes of the principal.
7. Considering the quality of action that exercises can be classified into
   § Direct actions are those that exercise the same right-holder (e.g., the action for repossession made enforceable by the owner of the thing claimed).
   § Indirect actions are those that are asserted by third persons on behalf of the holder the right, by express provision of law (e.g., pauliana action).
   Pauliana action can be defined as that directed to rescind, the creditor plaintiff acts of disposition of property sequestration of the debtor and celebrates it with a third party fraud to the detriment of that creditor, whose claim is prior to such acts.
   § Class actions are those that are asserted by any person in the village in the sole interest of the community (such as injunction ruinous work.) Section 932 et seq of the CC.

Importance of determining the nature of the action.

1. It is used to determine the competent court of law in many cases establishing rules of jurisdiction considering the nature of the action.
2. Allows you to set the procedure for the trial. I.e., the speed of the process.
3. Fits trial evidentiary purposes. That is, about who will place the burden of proof. Test set to be rendered in the trial and accepted by the court, all because the disputed facts of the trial must be relevant to the nature of the action.
4. It is used to determine the substantive content of the final decision. Because the decision of the case at issue the court must agree to all actions derived in demand and in answering it. (Art.170 No. 6 of the Code of Civil Procedure). The decision must contain all the claims and defenses have been asserted at trial.

Multiple actions.

Generally, in each trial, only an action is brought, however, the law has no objection to that in a single trial may be invoked by the plaintiff against the defendant in various actions, but sticking to certain limitations. This phenomenon is referred to procedural plurality of actions and is recognized in paragraph 1 of Article 17 of the CPC, to express that in a single trial may be brought two or more actions provided they are not incompatible.

Allowing in a single trial can be derived two or more actions provided they are not incompatible prevents the same parties have to follow two or more trials, in circumstances that may well be dealt with or failed in one process and at the same time this implies greater convenience to the litigants and lower courts work. Its foundation, therefore, is the economy.

It should be noted that in any case, the actions need not necessarily be bound by any legal connection, it is sufficient exercise involving the same defendant and same applicant.

Example in an ordinary trial I can pursue payment of the balance of the sale price against my buyer also pay a certain sum of money he had given to that person, the action of termination of contract of sale with indemnity damages, etc.

Naturally, the exercise of two or more shares in a single trial is subject to certain limitations and they are: they must be compatible and should be subject to the same procedure.

That actions are compatible means that can be met simultaneously without difficulty.

However, the law allows a same application can be quoted two or more incompatible actions, to be dealt with one as a subsidiary of the other (article 17 paragraph 2 of CPC).

It may be asserted that two or more shares in the same lawsuit that are incompatible, but that they be a benefit in another, and so must be claimed or made. If no action is asserted in the other

grant, the claim is incomprehensible and the judge can not simultaneously receive them at sentencing.
Sample can not simultaneously demand the fulfillment of a contract and its resolution, you can only enforce a benefit in another.
There are other cases in the same process to meet various actions, but not in the same demand. This will happen in two cases:
The first case occurs if we are dealing with the joinder or accumulation processes (arts.92 and following of the Code of Civil Procedure). This means that the same process to meet or where two or more files that are processed separately, either before the same court or courts other and come together physically in one, where the law states.
This accumulation is due to present judicial economy, which seeks to avoid excessive costs for litigants and is intended to prevent contradictory judgments.
The second case would be when in a trial that the defendant is pending counterclaim deducted. In a trial the defendant may have an action that can enforce against his accuser, regardless of the plaintiff’s action. In this case also by the principle of judicial economy, the law allows the defendant to assert his action in the same trial has already begun.
The counterclaim is a claim that follows the defendant against the actor within the same trial has already begun. This counterclaim is a manifestation of the principle of the extension.
Finally we can say that the art. 17 of the Code of Civil Procedure properly use the word action, rather than actual concerns plurality of claims as to give effect to a process (and the exercise of jurisdiction) simply deduct only an action.
But keep in mind that our legislature civil procedure is prone to the monistic theory which conceives the action as synonymous with pretension.

Strike action
The action depends exclusively on the willingness of the actor and that means you can deduct your claim at the time that creates more relevant, not time. If the person was required action as it can be deduced as the defendant did not allege the statute of limitations.
Our legislation does not require the applicant to bring an action. However, there are cases of emergency establishing the forced exercise of the action, under certain penalties if not done. (Eg if the boast, artículo21 CPC)

Requirements for the exercise of action
For the action relied on to succeed is necessary the concurrence of certain requirements that may be of form or substance.

1.The formal requirements are those that are required for this action to be admitted for processing.

2.The background requirements, are related to the claim, which must be established for a successful action must prove the facts in that case.

1. The substantive requirements are:
a. That the plaintiff is entitled to the action, ie must possess a subjective right equipment for the legal protection invoked, which should be founded and also must prove the facts on which it is based.
b. judicial protection sought by the actor is translated into actual profit, material or moral. Today it means that the race should be about specific issues, should be a right issue and not mere expectations.
c. That the actor has an interest. The law is an interest protected by law. If that interest is lacking, the protection disappears. No interest, no action

2. The formal requirements are:
a. Capacity actor: ie must be able to exercise, if it does not possess must act duly represented by his legal representative.
b. Capacity on the defendant: Also requires ability to exercise the defendant, if not, you have to direct action against their legal representative.
c. Compliance with the legal formalities The formalities are referred to certain requirements that the law makes to the application. (Art.254 CPC).
Failure to meet these requirements, depending on its importance, may not be accepted for processing until the condition is remedied omitted.
If not too serious vices, the demand can be accepted for processing, but the defendant may challenge (eg inability of libel).

The action must be exercised by a competent court, this means that the application must be filed with the tribunal established by law, respecting the rules of competition both absolute and relative terms.

Means by which action is brought.
The action must be done through a presentation made to the court which is called demand.

Demand can be defined as the procedural means to bring a civil action. Legally it is a procedural act of the applicant in writing that is true generally, and in that letter the plaintiff is asserting its claims to court. The case has taken a concept of demand saying it is the legal means to enforce the action, or as the means by which the plaintiff to infer the action, and this is the way to assert the right claimed.
Opportunity to pursue the action.
The code does not provide the opportunity for the applicant to file the complaint, so the actor can exercise when appropriate.
This rule has some exceptions and there are certain cases where action must be exercised if the actor does not lose his right.
The exceptions are:
The case provided for in Article 21 of the Code of Civil Procedure
The case of boasting (art.269 CPC)
Preliminary precautionary measures (art.280 CPC).
The reservation of shares in an executive (arts.473 and 474 CPC).

a. – The situation of Article 21 of CPC.
This is a case referred to the situation that might occur when a stock falls to several people and all they only exercise it. In this situation the defendants have a right and it is that they can ask the court that the claim is made known to others who do not exercise, this in order that they would choose if they adhere to it or not.
There may be several possibilities regarding the people who did not exercise the application:
1. To accede to the demand and filed, in which case they become part of the trial. These people have to act through a single common agent or attorney, ie to act by a single rope.
2. To declare that they will accede to the demand. The law states that the right will expire, meaning they lose their action, renounce it and can not sue in the future.
3. You will not express. If anything they say will affect the outcome of the trial. In this case it may appear at any stage of the proceedings respecting what was done.
This Article 21 is a manifestation of judicial economy, prevents a defendant himself when faced with several lawsuits. It also prevents the court issued conflicting rulings.

The requirements for invoking Article 21 are:
1. That a trial has started, that demand has been filed and served on the defendant. The trial is defined legally initiated when the defendant is notified.
2. That the action will correspond to several people.
3. Which of these many people one of them has exercised
4. That the defendant requested the court that the claim is brought to the attention of people not deducted. This request is understood to have to do it before you answer the claim and within the terms of the site.

b. – Case of boasting (art.269 CPC):
Is an exercise forced the action.

Boasting means the act whereby a person indicates a right correspond who is not enjoying. However for there to be bragging in a legal sense, is also required:
a. – the manifestation of boastful in writing or orally has made at least two people ahead of working to testify in civil trial.
b. – When the parade itself has acted in a criminal process which may lead to civil actions against the defendant.

Processing:
The demand for boasting is handled according to the rules of summary trial.
In all boasting involved two people, the vaunted and bragged. From there they produced a boasting, bragging, or boasting that they could affect, may apply to be forced to boast, that is, the one who said that he had expressed to reciprocate a right not to bring action is enjoying within 10 days, failing which, if not done, if not heard of that right.

If the action leads to boasting and the deadline granted to boast to deduce its action without complying with the ordered, should the boasted seek a declaration by the court unless the warning on the right ear after boasting it as This petition will be processed as an incident.

Bragging action prescribed within six months.
c. – preliminary precautionary measures (art.280 CPC)
Are those that the applicant may request the court before filing its application, in order to secure the outcome of the action intended to deduct.
If the court agrees to this request for a preliminary precautionary measure the applicant shall file his claim within 10 days. If it does not follow in due course be considered fraudulent claim.
d. – Reserve actions in an executive (Articles 473 and 474 CPC).
In an executive action may be that the opposition to run in deriving the demand, with no means to express evidence to prove their defenses, you can ask for it reserved its right to raise exceptions in an ordinary post at the end of 15 days after the notification of the final decision.

Demand.
This must meet certain requirements.
Requirements or formalities of application:
First there are general requirements, which requires not only demand but all writing.
Secondly, there are specific requirements or special characteristic of the statement of claim. (Art.254 CPC).
Finally there is a third group of requirements imposed by procedural laws, other than Article 254 of the CPC ..
a. – Requirements common to all writing.
Any claim is leading to what is a sum, which is a kind of summary of the lawsuit, which states succinctly that all claims made in the statement of claim. (Art.30 CPC).
The demand must be made on plain paper.
You also have to be signed, although the law does not specifically required.
Must be submitted with all copies required to notify the parties.
b. Specific requirements are set forth in Article 254 of the CPC.
c. – Conditions required by special laws. Example of Law 18,120 must comply with the patronage and power, for the lawyer who will sponsor and defend the rights at trial.
Legal notice of demand and location.
Whenever there is a letter to a competent court, it must provide it, give effect to the process.
This demand must be put to the attention of the defendant and this court must be served because the defendant has to take cognizance of the situation by a form authorized by law (Article 38 of CPC). Typically done in person and delivered a copy to the defendant (Article 40 CPC).
With this notice or communication occurs on site, which is a very important process, or essential in any trial. No site no trial because the defendant will have no opportunity to defend himself at trial.
The deadline to answer the demand is variable, depending on the trial in question. Example ordinary trial 15 days if the defendant is notified in the district where the court functional. If you live outside will be increased to three days (Article 258 CPC).

The location of a trial consists of two essential elements.
§ The legal notice of claim to the defendant.
§ There should be entirely within the law gives the defendant to defend or contest the claim.
Any of these elements fails or fails to say that no site in this trial and all subsequent proceedings that may be made are void, because it lacks the essential element is referred to as not allowing the defendant to defend himself. So much so that the judge allows the defendant to withdraw the claim not been notified.
Termination of the action:
This refers to the end of it after it has been exercised. There may be several reasons why extinguished.
It is said that the only way to extinguish the action is the resignation of the person or owner of the action. This is the majority opinion.
The action once it has been deduced also be extinguished by the enactment of the sentence.
Also mentioned as a cause of extinction of limitation.
The waiver, which operates once the trial has already begun. Also for compromise, compromise and conciliation.
Action Claim.
The claim is the act under which it was claimed before a court and facing a person other than the resolution of a conflict between that person and the author of the complaint.
The confusion of two concepts (action and intention) comes from the fact that, usually in civil proceedings are exercised together. For example, in the ordinary civil process claim to the exercise of action and the filing of the claim.
Thus the claim turns out to be a logical consequence of the action. Exercising the right of action to bring a claim and that right is prior to procesoo.
The Royal Academy of Language, defines the claim or the subject of a trial, the judge of requesting a specific ruling.
Elements of the claim are:
a. – Existence of an active subject is the actor or plaintiff.
b. – Existence of a taxpayer, that the claim is the defendant. And the action is directed against the state to put in motion its judicial activity, the claim is directed against the defendant.
c. – Existence of an object that is the legal benefits that the applicant seeks (legal benefit is claimed.) This answers the question is what is called demand. Example recognize my capacity as owner, heir, etc..
This object is not to be confused with the physical object with the requested material thing. Example if you charge a certain sum of money, the object sought is to recognize the right personal credit, the holder of that right.
d. – The existence of a cause, which is established by law, in the final paragraph of Article 177 CPC, is defined as the immediate basis deducted in trial law. This equates to why requested.
§ If you are personal rights, this case will be the legal fact that engenders the obligation (the contract, quasi contract, etc).
§ If you are real rights, in this case to determine the cause must analyze the ways of acquiring the land rights which arise (occupation, accession, tradition, etc.)..
The exception:
In the action brought by the plaintiff, making a claim by filing the claim, the taxpayer or inaction or defendant may react.
Accordingly, the taxpayer deducted meet demand against it worth making a claim, may adopt the following attitudes:
1 .- contumacy
That is a situation that occurs in the process when the defendant assumes a passive attitude remained idle, doing nothing.
The rebellion does not matter a defendant’s acceptance of the claim asserted by the plaintiff made in its application, but rather implies a tacit response to the demand which are generally denied the fundamentals of the claim.
2 .- Reaction
However, if the defendant appears the process may take regarding the claim any of the following attitudes:
a. – Burglary:
The raid matters acceptance or accession that provides expressly to the claim the defendant has asserted that the active subject in its application.
For a judicial trustee acquiesced to the demand required to have a special ability power for that purpose in accordance with the provisions of paragraph 2 of Article 7 of the CPC.
The raid when it is total, that is, when you import the acceptance of all the factual and legal findings the claim contained in the application, will not cause the process to terminate our right, but only released to the court of the obligation receiving the case to trial after the conclusion of the discussion period in accordance with the provisions of Article 313 of CPC.
Exceptionally, in cases where public interest is compromised, the raid did not produce the effect of the omission of procedures for the receipt of the case to trial, the term evidence and observations of the test, as in cases of nullity of marriage, divorce, perpetual, etc.
When the raid is part generates only the omission of proving the factual and demand rights that are accepted, having received the test result compared to the rest of the facts upon which the raid had not fallen the defendant.
b. – Opposition to claim
This is the declaration of intent by the defendant’s claim that the court against the actor’s failure to act on the request made by him. In opposition to the claim, the defendant seeks the dismissal by the court action asserting the claim made by the actor.
The opposition to the claim may take the following forms:
A. – The negative defense.
Here the defendant proceeds to deny the element of fact or law that underlies the claim. Is a mere negative statement does not carry any of a new fact.
The answer to the complaint in which the defendant is limited to making mere allegations or defenses and not make exceptions for the claim made in demand, imply that the burden of proof shall be on the applicant, as with those the taxpayer in the process does not introduce a new fact intended to destroy the claim asserted.
B – Exceptions.
The exceptions are those requests made by the defendant, based on facts and law are effectively extinct, preventive or invalidate the legal effect claimed as the basis for the claim.
The exceptions are classified in our right to:

1 .- Exceptions delaying
Concept: those that relate to the correctness of the procedure without affecting the merits of the action (claim) deduced and thus freezes the trial until you correct the defect.
Dilatory exceptions have a limitation, since they are listed in Article 303 of the CPC, but generic attended that can be understood in the No. 6 all procedural errors whose correction may apply to the court in this way, which do not specified.For example, you may request this via the nullity of the proceedings by missing or defective notice of claim, the defendant’s lack of ability or personality or legal representative who has been called in his name,.
These exceptions to the ordinary civil trial must be enforced all in a letter, before answering the application and within the period of notice.
This kind of exceptions suspend the conduct of the trial and should be resolved by the court once the processing of the incident that they generate. Are preliminary and special delivery.
2 .- demurrer.
Concept: These are aimed at destroying the basis for the claim of the opposing party and are therefore held as many as substantial legal relationship discussed in the process.
Our case law has defined the demurrer as any title or legal grounds that the defendant chooses to destroy, undermine and, as such, to render ineffective the action of the actor, for example, prescription, payment of debt, etc.
These exceptions are usually confused with the modes of extinguishing obligations set forth in the Civil Code.
Peremptory exceptions do not suspend the processing of the process and they must be asserted by the defendant in its defense of the claim (Article 309 of CPC).
It is important to note that the defendant will bear the burden of proof in making exceptions in relation to the claim, since with them the taxpayer in the process introduces a new development of preventive character, amending or discontinuance which aims to destroy the claim asserted.
Finally, the court must rule on the exceptions asserted by the defendant on the part of the final sentence, shall contain the findings of fact and law on which it relies to make that statement. (Article 170 CPC No. 6).
3 .- Exceptions mixed
Concept: These are exceptions however have the character of peremptory, the legislature allows the defendant to enforce them as dilatory pleas before the answer to the complaint.
The peremptory exception allows the legislature to enforce them as exceptions are delaying a final decision and transaction.
Made exceptions of res judicata and delaying transaction as the court may fail after the processing of the incident concluded that they generate or estimates that are of broad knowledge, in which case send answer the complaint and will reserve the failure of these exceptions to the ruling final (art. 304 CPC).
4 .- Exceptions anomalous
Concept: These are peremptory that the legislature allows the defendant to be made in writing after the answer to the demand throughout the course of the trial until the summons to hear sentence at first instance and to the hearing of the case on appeal (art.310 CPC)
Are of this character the statute of limitations, the doctrine of res judicata, the transaction and actual payment of the debt, provided that is based on a written history.
These exceptions abnormal if it is made in the first instance, after receiving the case to trial, be treated as an incident, you can receive a trial if the court so considered and will reserve its final resolution.
If one discounts on appeal, will continue the same procedure, but in that case the appellate court will rule on them in a single instance. (Art.310 CPC).
C. – The Counterclaim
Concept: a defendant’s counterclaim against the applicant, which deduced using the judicial process caused by the latter’s initiative.
In simpler terms, it is said that the counterclaim is the demand of the defendant against the plaintiff.
The reason is allowed to deduct the counterclaim defendant obeys a principle of judicial economy, since it allows using the same procedure resolves both the actor made the claim asserted in its application and the claim of the claim relied on its counterclaim.

The opportunity in which the defendant must derive its counterclaim is in the response of demand (art.314 CPC).
Finally, the counterclaim shall be dealt with and will fail in conjunction with the main application (art.316 CPC), so she must be notified to the applicant, who may take on the counterclaim the same attitudes as the defendant in respect of the claim.
The Process
Before we note that the process was the means established by law for the exercise of jurisdiction, creating the most perfect known and through which the parties make their claims and through which the court hearing the case and solves it.

Definition: The sequence of events that are returned gradually, in order to resolve, through a trial of the authority, the dispute submitted to them.
Analysis of this definition:
From the time the violation occurs a right, the owner used to protect the State, who is provided through the bodies on whom the judicial function. The way to trigger this protection is deducting a claim, which is the normal way of bringing proceedings, and manifests later in a court proceeding that is called a sentence.
However, between the filing of the complaint and the issuance of the sentence develop a series of acts of judicial procedure, which together is called a process. The word process is of relatively recent, as previously used the term view, synonymous with bill of rights, but the first is preferred because it is broader because it includes both the procedural acts of the parties and the court, whatever nature of these “contentious or voluntary, and it also involves the enforcement and preventive measures, which are not specifically designed to declare rights institutions, but pursue the fulfillment compulsive or caution them early.
It has been rightly said that the term process is gender and the term view, the species. The latter is generally controversial and relevant statement of law. The first involves the idea instead of the state judicial protection for individuals.
Moreover, the expression trial procedure is closer to that process. For Spanish influence in Chilean Codes this expression is the same procedure and this is how we usually refer to Book II trial of CPC, Executive Judgement obligations to give, do’s and don’ts in Parts I and II of Book CPC III, of the arbitration, even talk of oral arguments in the CPP, etc.
Then we give a sense of the term procedure to distinguish the term process
Procedure: The set of formal requirements that organizes the development of the process to fulfill its purpose.
It should also be noted that not confuse the term process to record.
File: is the material expression of the process, a physical object, a thing. Bundle of papers which record the acts of a trial (Art.29 CPC).
In this statute the legislature uses three different words, letters, documents and proceedings.
A. – The writings:
Definition: requests that the parties made and submitted to the court concerned.
The writing is synonymous with order. Through them, the parties assert their claims and counter and also assert several requests to give effect to the present progressive.
These writings have to be formal and in this matter, the law distinguishes between two types of formalities:
Formalities common or general, which always must be met.
Special formalities of each letter in particular, which are established for certain writings. Examples:
1. Art.254 of the CPC provides essential requirements for the statement of claim.
With regard to the defense of the claim, you must meet the requirements of Article 309 of the CPC.
The notice of appeal must contain the requirements contained in Articles 189 and 190 paragraph 1 of the CPC.
Within the general requirements, the law provides several formalities that must always meet the written:
a. – must be submitted on plain paper.
b. – should lead to a sum which states in summary form the procedure in question or its content
c. – The writings are presented to the court through the Secretary. It individualize the person claiming the letter, identification of parts of the trial and the role No.
d. – Each letter must be accompanied by as many copies as the number of parties to be notified of the written resolution.

The Art.31 paragraph 2 of the CPC provides some possible exceptions for some writings where it is necessary to provide a copy, these are the aspects that affect a mere formality. Example: writings which are intended to appear personally in court, order constraints, in general any other measure of simple processing, etc.
The Art.31 paragraph 3 of the CPC provides that if the copies are not delivered or if it is substantial disagreement between them and the original letter, not run within the party and should the court impose a fine plane.
Paragraph 4 of the same Article states that the court order, moreover, that the accompanying copies within three days, failing which have not submitted the letter. The decisions of the court ordered fines and back on pain accompanying are final.

e. – The letters must be signed by the party or the attorney, as appropriate. Also the first letter must be signed by the sponsoring attorney.
The latter is an important requirement if the law does not expressly stated.
B. – All documents:
All those public or private instruments accompanying.
A letter is also a document, but the law refers to all documents
or instruments from the point of view piece of evidence that accompanies the trial to prove the fact. The document is considered a means test. Such a lease, a deed, etc..
C. – The performances of all kinds:
These actions correspond to the various measures that will be verified in the process. Are the various procedural steps that are shaping the record. Examples: production of subpoena at a hearing, taking of evidence of witness statements, acquittal of positions, notification, etc..
Written submissions:
All writing is presented as already mentioned, through the appropriate court clerk, except the first letter in communities where there are several courts in the same competition, in which case it shall, if no Court of Appeals to the Secretary of the court, but will go to court on duty.
Secretary to receive copies of the letter should be placed on each folio its partial signature or a stamp approved by the court (called a charge); seal is very important because it indicates the date of filing, which indicates whether the letter was submitted on time or not.
Moreover, the secretary shall give a receipt for the accompanying documents (this is almost never requested)
The clerk then must submit a statement to the judge for a ruling.
The division of process or authority:
From the standpoint of material, the process is normal in principle form a single unit (one volume). Exceptionally, allowed the division and this may be due mainly to two reasons:
a. – The number of actions to it: in this case speaks volumes. This is fixed and ordered by the judge
b. – because of the quality of the substance or content of the proceedings, here we talk about books or classes. This occurs when a process will produce different issues or incidents (art.87 paragraph 2 of CPC) and in another case the law requires the formation of these notebooks for example in an executive (leading notebook and urgency. Art. 458 CPC).
Moreover all parts of the process have to be added chronologically and successively, here the secretary is required to go numbering each folio, with numbers and letters, this is what the file is called foliation.
Sometimes a party can ask for reasonable grounds that a particular precedent is kept out of the process, this is what is called keeping in custody, this should be noted Jan l record. (Checks, bills, etc).
Maintenance and service records:
The law states that the records will be kept at the Registry of the Court, in custody and responsibility of the secretary. (Art.36 of the CPC and art. 380 N º 4 of the Code).
As for the query, any of the parties and other persons are entitled to examine the records and judicial proceedings imposed. This is because the principle of publicity. The COT art.9 No. expressly provides that acts of the courts are public, so anyone can check the respective courts in a civil proceeding of the proceedings imposed on it.
However it is not allowed to remove court records, with exceptions provided for by law officials can remove the file (art.37 CPC), and these are the recipients judicial Judicial Public Defenders and Prosecutors. Each time you remove a file it should note in a book.
Sometimes a litigant or a third party need to remove or retrieve a document that has been added materially to the process, this depends on the nature of the document, and this must apply to the judge, who must grant, which must come from the breakdown Document (arts.29 paragraph 2 and 35 of CPC)
The breakdown is the replacement of the document incorporated by a process that replaces hander indicating that document has been withdrawn.
Legal nature of the process:
One of the most debated issues in science proceedings is the legal nature or essence of the process. Five main solutions have been formulated in this regard: a) the contractarian theory, b) the legal relationship, c) the legal situation, d) of the plurality of relations, and e) the institution.
1 .- The contractarian theory (Pothier, Demolombe, Aubry and Rau)
This theory assumes the existence of a contract between plaintiff and defendant in fixing the points of controversy, which limits the power of the court for resolution. Its origin comes from the institution of Roman law called Contestatio litigation, and has two variants and quasi contract.
Contract theory is based on the philosophical principles of Rousseau on the social contract, since it is estimated that the submission of individual will to the authority within the process has its origin in a contract.
The assumption of this theory, in that there would be a voluntary agreement between the parties to submit a conflict of legal relevance to the knowledge of a court for a ruling by the confrontation process is false and could be applied only in the case of matters voluntarily submitted to arbitration, since the law imposes on the defendant in civil lawsuits and the defendant or accused in criminal proceedings, the obligation to submit to the process initiated by the demand in the first type of case or the complaint, or denunciation of the prosecution in criminal proceedings by filing or having its origin the judge’s authority and the obligation of the sentence pronounced in the law.
Moreover, the theory is also quasi civil and through it also seeks to explain the origin of the process required and not just the legal nature of it and seek in this case as the source of the quasi obligation, that is, a fact unilateral legal, voluntary, lawful, which generates obligations.
The applicant would conduct a legal fact, lawful, non-conventional to appeal to a court filing your claim and the defendant to attend the trial, also carried out a legal fact, lawful and non-conventional generating about him and thus a quasi-obligation to accept the trial and the sentence handed down.
That is according to this theory, although there is no meeting of minds, there are individual statements in the form will appear before the court.
This theory suffers from the defects inherent in the civil law the same, unable to spell out, as the contract theory, the foundation of obligation to the party in default, as well as those subject to criminal prosecution.
2 .- Value Theory of Legal Procedure
This theory but is of Germanic origin (Von Vüllow) has been further developed by Italian authors. One states that the activity of the parties as the judge are regulated by law will, and that the process creates rights and obligations for the subjects involved in it, and its primary mission the conduct of the law, and thus forming a procedural legal relationship, autonomous and complex, belonging to public law.
From this theory will produce the independence of procedural law.
3 .- Theory of the Status
This theory is created by Goldschmidt, is contrary to the above, it denies the existence of a legal relationship in the process, he sees only a set of legal situations, namely, expectations for the parties, opportunities for them, charges or release process, all of which translates into situations within the process. The judge in turn has no duties or obligations, but as a State organ, is one who rules and governs the process in strict compliance with the law.
4 .- Theory of the plurality of relationships.
This theory made by Carnelutti, seen in the process create a multiple set of legal relationships arising from the combination of an obligation and a right eventually, and aims to provide an activity for the normal unfolding of the process.
5 .- Theory of the institution.
This theory is advocated especially Guasp, in the process estimated that there are genuine legal rights and duties, adding that institution means all activities, and also argues that the process is an institution, because the common idea that it is objective observed is the satisfaction of a claim, and that all the wills of those who act in the process tend fairly common idea that, whether they judge, plaintiff or defendant.
Classification Process:
Processes, given its enormous variety, support a variety of classifications, depending on the points of view from which they arise.

A. “According to the controversial nature of law, are classified as civil and criminal penalties.
1.-Civil are those where the right at issue is civil in nature. These in turn time can be further classified into two broad categories in contentious and non contentious or voluntary.
2.-Criminal: those in which the right in question is criminal in nature.
In the new criminal procedure system.
The crimes, according to the sentence is classified as crimes, misdemeanors and misdemeanors.
§ The missing: the know the courts guarantees through monitoring procedures (when the prosecutor asks a fine) and simplified (for judges to guarantee to hear and determine faults and simple facts constituting the offense for which Prosecutors requires the imposition of a penalty not exceeding imprisonment or imprisonment in its minimum degree).

§ Crimes and misdemeanors: to determine how it can be deduced from the action and the procedure involved, crimes are classified as criminal offenses, public, private prosecution and public prosecution after a particular instance
The procedure to be used for the handling of such crimes are:
1. The simplified procedure
2. The simplified
3. The oral
B. – As its object differ from cognition or knowledge, implementation and
conservation
1.The knowledge tend to get a conviction of the defendant, the mere declaration of rights, or to obtain, through the above, a constitutive effect.
2.The run chase forced or compulsory compliance with an obligation.
3.The precautionary conservatories are tasked to ensure the result of knowledge or executive action which may be earlier or contemporary.

C. – In his way into ordinary, special and summary.
D. – Based on its content, are classified as unique and universal.
1.Singulares: those who have an interest one or more specific persons, but also in respect of a particular right.
2.Universales: rather are those in which the subject matter hereof includes a universality, as the patrimony of a person or the estate of a deceased. Examples of recent bankruptcy proceedings and inheritance demand.

E. – Depending on your level, in major, minor and minimal amount.

F. – In his ritual in verbal and written
Process Training Principles:
There are certain ideas or concepts of a fundamental nature that shape a given system, given the purpose of the process. The acts of the parties and the judge are targeted in the final decision. These principles are derived from our own law and procedural law is based on certain principles that are characteristic to Chilean law.
These principles are normally studied in pairs, since normally a principle opposed to another, occurring through two contradictory concepts.
1 .- Principle of orality and writing:
a. The principle of orality: refers to the process that dominated the proceedings orally or orally, both in the actions of the parties as to the evidence that can be held.
b. The principle of Scripture is that dominated proceedings in the process documented, both in the arguments of the parties as evidence that can be made.
The principle and system of writing and orality principle and system are offered as opposing principles and systems.
In Chile there are manifestations of the two principles with a clear distinction between civil and criminal matters.
In civil matters, maintaining the principle of the deed (eg ordinary trial), with the exception of the summary trial, in which even allows the application may be made orally, but allow the parties to submit written minutes (art. 680 CPC).

2 .- Principle of mediation and immediacy:
It refers to the link that is the judge with the various actors who have a process, whether direct or indirect.
a. The immediacy is the principle under which seeks to ensure that the court is in close relationship with the subjects of the process, which means that the judge received directly, without intermediaries, trial proceedings or the pleadings of the parties .
b. Mediation is the principle under which the judge is not in a permanent and intimate relationship with the subjects of the process, but such linkage is done through a broker (the letters they send it through secretary).
In the criminal process characterizes the principle of immediacy, while in civil matters in general in the requests for raw parts to the principle of mediation.
3 .- Top and inquiring device:
The energy or momentum that needs all the birth and development process can be delivered predominantly to the parties or the judge.
a. The device principle is that the initiative in proposing and production of evidence in the trial is specifically reserved to the parties and the court simply to order the reception of these tests, ie a formal address.
Chilean civil process is informed by the principle device
b. Inquisitive principle: it requires giving the judge the initiative and the procedural regulation.
4.-The principle of continuity and concentration
a. The Principle of Continuity or row means that the process needs to be developed through various stages and each consists of a series of actions, and these stages have to go meet separately and successively.
Under this principle the judge has to be solved in a previous all incidents (ancillary matters) they occur during the process and before final sentencing.
b. The Principle of Concentration, is meant to collect or concentrate in a single hearing, or in the least number of hearings, all the prosecution, ie claims arising, not give evidence and that the incident be resolved the final decision.
In Chile, there remains the principle of continuity, but there is one exception to this, the summary trial which aims at the beginning of the merger.

5.-Top of publicity and secrecy:
a. The principle of publicity allows the parties and third parties to take cognizance of the various actions being undertaken. This publicity is the best way to guarantee the right of the parties.
b. In the beginning of the trial proceedings secret must be kept in reserve and can not be known to interested parties or even less by others.
In civil matters governed by the principle of advertising generally. In criminal matters in the old process prevailed in the investigation stage and the new criminal process is the same oral and public.
6.-Top of the ex parte and official encouragement:
This refers to what’s called the process in motion, which is the force for a process forward. This will depend on whether the impulse comes from the parties or the judge himself. If this strength comes from speaking litigants instance, if on the contrary emanating from the court official encouragement.
a. In the first instance from litigants themselves are the ones who have the power to give, start and advance the process through writing.
b. In the beginning of official encouragement, the judge has the power to advance the process without prejudice to the powers of the parties.
The Chilean system in the civil process is always initiated by a part and to urge it further requires the willingness of the parties. This however is not absolute, as the judge may have certain responsibilities without being asked by the parties.
7.-Top of bilateralism and unilateralism:
a. The principle of the bilateral nature of the hearing, also known as the principle of contradiction puts both parties on an equal footing, should each have the same procedural rights and equal opportunities procedural, in the process, whatever the procedure. This principle postulates that the right to be heard must be granted on an equal footing.
Bilateralism does not necessarily mean having to intervene the two sides in the same document so that it is valid but that the legislature wants to give the party the opportunity to learn (through the relevant notification) and defend the other party.
b. The principle of unilateralism is unique within our system and under this principle, the legislature, in some cases, allowed to perform an act without the knowledge of the other parties or to exercise an order before being notified the party to whom it affects. Such precautionary measures (art.302 paragraph 2 of CPC).

8 .- Principle of evidence assessment.
Is related to the way for the judge to take for a fact proved at trial.
In general, the judge can make for satisfied the facts in sentencing, to the extent that these facts have been tested. Conclusion which is reached by the evaluation or appraisal of evidence.
There are three basic systems of evidence assessment:
a. The system of legal proof
b. The system of self-belief
c. The system of sound criticism
a. “The system of legal proof or rated, is one that is characterized by the legislature itself sets which are the evidence that can be used by the parties, and also noted in each case which will be the effectiveness or probative value each of them, so that the judge should only apply the rules. This is the prevailing system in our CPC.
b. – The system of self-belief: that way of thinking is not necessarily supports the evidence that the process exhibits the judge or in the midst of information likely to be audited by the parties. In this method, the judge becomes convinced of the truth with proof cars, out of the race car and test against the car (the concept of Ignacio Rodriguez Papic).
c. – Assessment of the evidence in consciousness: It is a power granted by law to the courts to estimate the background cars produced in accordance with the principles of fairness and prudence and in the light of sound reason and form with them a conviction the existence of certain facts
d. – The sound system critical to Ignacio Rodriguez Papic are the rules of proper human understanding. They interfere with the rules of logic with the rules of court experience. Both will contribute equally to the magistrate can analyze the test according to sound reason and experimental knowledge of the cases. The judge must decide according to sound critical, it is not open to reason will use its discretion arbitrarily.
The rules that are not established in the codes, it is therefore an internal and subjective process that analyzes a view expressed by another, that is, is essentially a matter of discretion and, therefore, in fact, this case the judge must rule by some unwritten rules, which are rules of human understanding, as the rules of logic must be based the sentence. In this case if the judge has to give reasons for the establishment of truth. Example: expert report on the CPC. Article 297 of the Criminal Procedure Code.
9 .- Principle of estoppel and freedom:
a. The principle of estoppel is that in the process, the proceedings must be met in due time and if not that right is extinguished or lost. That is, each action is established in a given period in the process, after which the activity can not be done.
This principle guarantees the order of the proceedings of the parties, the judge or the auxiliaries of the administration of justice.
b. The principle of freedom means that no process steps to comply with the procedural steps and these can meet freely in any part of the process.
In Chile the ruling principle of estoppel.
10 .- Principle of judicial economy:
This is a principle which claims that the process to unfold in the shortest time possible with the fewest possible actions with the least expense to the litigants and to this end is to save time for action and the parties.
Examples: joinder, plurality of claim, counterclaim, incidents, etc..
Process elements:
We can distinguish two kinds of elements: the subjective and objective.

1.The subjective elements: It can treat the parties and the judge, notwithstanding that there are other intervening subjective the process can become parties to it, especially in the criminal: Attorney General, the complainant if it becomes complainant.

2.The objective element of the process: the dispute referred to a court decision that integrates two procedural institutions transcendent: the claim that made by the actor and the exceptions that preclude the defendant.
The subjective element of the process

1.The subjects of the process: The parties and the judge

A. – The Judge has a vital role in the process. The relevance varies depending on whether the proceedings raw device or inquisitorial principle.

The mission of the Judge as a subjective element:
a. – Get the submissions of the parties, that by applying the principle of bilateral hearing. You should check the accuracy of the requests of the parties by examining the evidence. This involved the principles of mediation and immediacy.
b. – The judge decides the submissions of the parties, makes it through court decisions.
c. – Weighing the probative value of evidence offered
d. – Its mission is to pass sentence.

B. – Parties:
Concept: These are the subjects including the war occurs or legal disputes and are known by the name of plaintiff and defendant in the civil lawsuit as plaintiff or defendant in criminal cases.
Classification of parties:
Direct or major parts of the process or such parties themselves and the indirect or third parties.
A. Direct parties: Those who start the race, establishing the appropriate action or are forced to endure the procedural relationship for having directed the action against him or because by express provision of the law should assume the role of plaintiffs or defendants, on pain of incurring the penalties that she embodies.
This concept follows that there are the following types of direct part:
a. – The complainant and the complainant, which are those that derive their complaint or grievance giving rise to the process, causing the exercise of the jurisdiction of the court.
b. – The defendant and the defendant are those against whom the action is clear that in order to adequately defend their rights have the burden of appearing in the process.
c. – The forced plaintiff, who is that person that holds even when the plaintiff files the action itself, not voluntary action, but must request the defendant to appear by the deadline to answer the complaint
For example: a person who has been appointed heir by will clear the inheritance demand action against another person, which was granted possession of the estate under the rules of intestate succession. If the heirs designated in the will are various, the defendant may apply under Article 21 of the CPC, the claim being brought to the attention of these other, so they stick or not the demand because of non-exercise defendant, this right, then it suggests a new lawsuit against him by the other heirs, as the first trial did not affect them because they were not parties to it.
In this case, if people adhere to the demand, they become direct parties, if within the time to answer the complaint say they do not want to join, their rights expire, if anything they say, will affect the outcome of the process without further summons; In any case, if they do not appear at that time can do so later during the aftermath of the trial, but in this case must accept what was done.
Other cases are boasting, summons to the mortgagees in an executive and verification of claims in bankruptcy.
The defendant forced: Someone who live without being sued is forced to appear in court to defend the rights of the defendant. The typical example is the summons of eviction, when the buyer of a thing is affected by a lawsuit is filed against him concerning the thing sold, has the right to request a quote to the person who sold you the kind, enable it to defend it, acquiring the latter’s character demanded.
B. Indirect or Third Parties:
Definition: Those persons who volunteer to process after its initiation, have claims on it, which may appear at any stage of the trial respecting what was done. These third parties will be affected by the decisions issued in the process as well as the main parties.
Do not confuse these third parties for other third parties that are not and never will be part of a trial, but whether they will take part in a trial as witnesses, experts, etc.
The general rule is that the law permits the intervention of third parties as part indirectly in the various trials and proceedings. But there are other cases where the law permits the intervention of third parties with certain limitations. This applies in the case of executive action where the law carefully regulates the involvement of external conditions must be established. (Art.518 of the CPC).

Requirements for third party intervention:
a. – actually be an indirect part, a third, there can be figured in the case as plaintiff or defendant.
b. – There should be a trial pending, trial pending
c. – The third party must have a current interest in the outcome of the trial, this means that the third party has a right to have committed and not mere expectations.
d. – The intervention of a third party must be allowed.
Classes of third party intervention:
Are regulated in Articles 22 and 23 of CPC
The indirect part in the trial may intervene in different ways depending on the interest they have in the process and because it can be classified into:
a. Third aids are those that have a direct interest in the outcome of the trial in harmony with that of the plaintiff or the defendant. Third aids come to occupy virtually a collaborator with the plaintiff or defendant.
The third party to intervene in a matter of adjuvant is necessary to have a current interest, which will have character if it has undertaken a right and not a mere expectation of the third at the time of its intervention.
As there is an identity of defenses and positions of the third with a party, that party must act together with that part that sticks through a common attorney, pursuant to art. 23 without prejudice to the claims and pay separately the evidence considers conducive, if not concurs with the procedure adopted by the common attorney.
Such as a creditor of a plaintiff in a lawsuit may have an interest in vindicating that wins the case, as thus have more goods in which to realize their credit. The same applies in reverse, if the defendant wants to be deprived of property on which a creditor may enforce its own debts.
b. Third are those who have exclusive rights inconsistent with the plaintiff and defendant on the matter at issue.
These third parties acting jointly with any party through the common solicitor, but separately.
Examples; third party with domain and possession within the executive action.
This intervention is allowed to avoid new trials in the main trial (art. 22 of the CPC).
When involved, you accept what was done prior to submission, must continue the trial in the state where you are.
c. Independent Third Party: Those people who have an interest in the matter was brought before their own, independent from that of the actor and the defendant, but not incompatible with those who can affect the outcome of the trial. Example in the third trial vindicating claims that the thing he has the right of usufruct. (Art.23 final paragraph of CPC).
Several parties
The involvement of stakeholders in the process and especially the number of parts that may be involved in it is regulated in Articles 18 et seq. CPC.
The general rule is that a process involving a person has control of the quality of applicant and another person has control of the quality of the defendant.
However, the legislature also contemplates the possibility that more than one plaintiff or more than one defendant in the process. The law allows both parties there are several direct and indirect, which is based on considerations of judicial economy and also to avoid the possibility of contradictory judgments
When this ratio is multiple procedural spoken of several parties and all those litigants who are called together as part consorts litigant or litigation (also known as poliomyelitis consortio).
Classification consortio litis or several parties:
This classification supports several parties considering several factors:
a. – Given the number of subjects that make up each part in the trial, the litigation consortio can be active, passive or mixed.
If several actors or plaintiffs and one defendant speaks consortio lithium active.
If there are multiple defendants and there is only one actor or applicant speaks of a passive consortio litis.
If several applicants jointly be met and a number of defendants being in the presence of a mixed consortium litis.
b. – serving at the time arises, the suit is classified litis consortium consortium consortium initial and subsequent litigation.
§ The consortio litis l would start several parties that have their origin in the initiation of the trial itself, that is created when demand brought or inferred in the trial, this claim either because the deduced several plaintiffs against a single defendant, or an actor against several defendants or many plaintiffs against multiple defendants (Article 18 CPC).
§ The successive consortio litis is the multiplicity of parties formed after the notification of the application, ie after a trial already brought before the courts.
This will happen in all cases in which after notice of the claim comes into being by others in any of the three qualities (adjuvants, exclusive and independent) Example art. 21 of the CPC.
c. – Whereas compulsory consortio litis, is classified as optional or voluntary consortio litigation and litigation consortio mandatory or necessary.
§ The optional or voluntary will produce the plurality of parties for the will of the litigant, spontaneously. These individuals have no obligation to resort to this institution.
The CPC art.18 regards this case, when expressed in a single trial may intervene ….
§ In the lawsuit consortio be mandatory or necessary where the law requires that the parties acting jointly, in certain cases.
This is what happens in the situation envisaged in Article 19 of the CPC when it states that if two or more parties engage in a lawsuit or judicial management and deduct the same shares must reach all together or constituting a single agent.
The same rule will apply in the case that there are several defendants who oppose same exceptions or defenses. Article 19, paragraph 2 of CPC

Cases in which takes place several parties or consortio litis.
Article 18 of the CPC states that in one trial may intervene as plaintiffs or sued several people in the following cases:
1 .- When you deduct the same action by several people. In this case the law says that these various people have to work together through a common agent (they are represented by the same person). Example when several heirs exercise the inheritance demand action, when 5 people engage in actions for recovery on a site that claimed to have obtained an inheritance.
2 .- When you deduct various actions arising directly and immediately from the same event. For example the action of the landlord against the tenant and also against the subtenant, so that it restore the leased thing, even when 10 people engage in an action for damages against a trucking company for injuries sustained by reason of an accident during the trip.
3 .- When the law authorizes to proceed on many or from many, as in the case of joint obligations. The typical example is the case of passive and active solidarity, in which demand joint and several creditors of the debtor or a creditor sues co several joint debtors.
All the cases mentioned in Article 18 of CPC refer to a mere power, as the legislature used the word power, not duty.
Rules applicable in the case of several parts.
To avoid that the processes were entered because of the actions of many independent parties, the law has established the following rules:
a. – When there is plurality of parties, are obliged to designate a common attorney. This rule of common attorney designation applies to both plaintiffs and defendants.
In accordance with the provisions of art. 19, requires the appointment of attorney in common:
1.When we deduce the same actions by the plaintiffs.
2.When oppose these exceptions or defenses by the defendants.
In these cases, the common attorney shall be appointed by mutual agreement of the parties to whom it has to represent, according to the provisions of paragraph 1 of Article 12 of CPC. The appointment must be made by the parties within the time

reasonable to draw the court.
Default if the parties or failing agreement between them is not common for the appointment of the attorney within the time prescribed by the court, will this make the appointment, with the limitation that in this case must rest on a solicitor appointment the number or the attorney of a party who has taken part in the process in accordance with the provisions of art. 13 of CPC.
Attorney appointed jointly by the parties or the court, this appointment may be revoked as provided in Art. 14 of the CPC, that is, by unanimous agreement of the parties or by the court at the request of one of them, provided there are good reasons to do from the revocation.
The procedures result in this measure will be processed in a separate file and will not stop the course of the trial.

The repeal is agreed by the parties or is ordered by the court, not have effect until the new attorney is established.
The common attorney appointed must act in their actions in line with the instructions and wishes of the parties represented, and where they disagree, you can proceed alone and as advised caution, bearing in looks the most faithful and expeditious implementation of the mandate. Article 15.
Any party represented by the common attorney that does not comply with procedures adopted by him, may separately to the allegations and taking the tests deemed conducive, but without hindering the smooth running of the trial and using the same time accorded to the common solicitor . You can also request these deadlines or expanded, or legal remedies that may be required, both on the decisions taken during this application, and on any interim or final decision. Article 16.
b. – No need for the appointment of Attorney common in cases where there is plurality of parties in cases referred to in art. 20 of the CPC, in which they can act separately in court. These cases are:
1. When the actions of different applicants.
2. When various defenses of the defendants
When having started the process with an action or common defense by acting the parts represented by an attorney common, arising in the course of the process incompatibility of interests between the parties litigating together.
Ability of the parties
The ability of the parties is a budget item or validity of the

procedural relationship.

Procedure Codes have not identified any definition or less have regulated the ability of the parties in the process, but merely refer to it, it being understood that this is the legal capacity, ie the legal capacity to acquire rights and obligations and exercise them, governed by civil law.

In procedural law distinguishes between capacity to take part in the process and ability to stand trial, receiving the latter’s name standing. The first is to be the capacity to enjoy and the second exercise capacity referred to civil law.

a. – Ability to be part: You can be part of a natural person or any legal and law-creating certain entities to which the law recognizes this ability, such as the vacant inheritance. Which is a joint call to resolve problems that arise as a result of the absence of heirs to accept their assignments, becoming this way carry on the personality of the deceased. It would be a legal person that would arise from the resolution and that judicial and extrajudicial be represented by the guardian appointed for administration.

Consequently, there may be a party in litigation might not be a person, like animals, things and unincorporated associations.

b. – Ability to stand trial or proceedings.

Personal fitness is that the law requires an individual to enable him to stand trial as a plaintiff, defendant or third party and becomes constitutive of exercise capacity in the field trial. This is referred to the skills required for bringing the action or, if able to make the exception.

This requires the ability to exercise and that the subjects are those who are able to exercise rights by themselves without the ministry or other authorization.

People who have no legal standing, they can only intervene in a process through their respective legal representative. (Father of the child, conservator for the ward, etc). In the case of legal persons, given the nature of them, which obviously can not appear by themselves, the art. 8 of the CPC provides that the manager or administrator of them means expressly authorized to sue on your behalf.

In any case, it should be noted that the standing to which we have referred, but is essential for a person to act for or on behalf of another as part of the process, it is not enough by itself, since as a general rule, it must act sponsored by a lawyer authorized to practice the profession and also represented by any of the persons to whom the law authorizes to perform the functions of prosecutor and court president if the party is not of those qualities.
This kind of capability is important for strict compliance by the plaintiff because the defendant may file the dilatory exception of art. 303 No. 2 CPC and if a defendant who lacks the capacity to exercise and yet you are notified that notice of claim is made that person shall not take effect right, because there are defects in the site.

c. – Ability to ask in court
This is typical of procedural law, is the ability to make requests to the courts.

This ability is governed by the laws of procedure.

This has a basis and because the process requires special technical capacity, and therefore this kind of capability is with certain people and certain procedural law establishes, as they have legal knowledge or presumed to have it.
Who is this jus postulandi is entitled to make petitions to the courts and this requires that the person has a warrant (which is different to civilian rule).

This representative will call attorney or legal representative and the principal will call the principal or principal.

This is regulated especially in the 18,120 law that sets standards for appearance in court and it is regulated in Article 4 and following of the CPC.

The Appearance of the parties before the courts

Concept: The word summons legally, has a double sense, one large and another restricted.
a. – Hearing in the broad sense means the act of appearing before the court voluntarily or coercively. This is easily explained in criminal cases, witnesses are brought here, the defendants. It’s just a physical presentation in court, in which capacity is needed simply to appear as the nature of the act he performs.
b. – Hearing in the narrow sense is a purely procedural concept. Means the act of appearing before the courts, exercising or defending an action, or requiring an act of intervention in non-contentious. Here comes the concept of capacity to act in court. Is the concept of jus postulandi, which is the ability to call at trial, is the set of requirements that enable a person to file petitions in court.

In its narrow concept, the hearing is a legal requirement that the parties are relying on sponsorship and representation of the trial, certain individuals who meet the requirements outlined in the law.

In Chile to determine which system is used that the legislature must make some distinctions and essentially must determine if brought before a lower court or to a superior.

1. Testimony before the lower courts.
The rule against lawyers is that judges attend parties duly represented. In principle to a lower court is not allowed to appear in person, this means that one must resort to legal representatives, this is where the party is capable of exercise (it is the general standing. Involves in the case of an incompetent, intervention their legal representatives), and exceptionally permitted by law, the courts below the personal appearance.
In the new system of criminal procedure, which takes place mainly in hearings, only contemplated the possibility of assistance from the accused assisted by counsel, who must assume the role of defender (art. 8 º NCPP).

2.Comparecencia higher courts: the Courts of Appeals, the parties would first appear in person (eg, resource protection, protection) and second represented by certain legal representatives, who are lawyers or attorneys of number (section 398 subsection 1, the final part of the Code).
Supreme Court, it can appear only represented by certain legal representatives, who are licensed attorneys or attorneys of the number (art.398 initial part of the COT).
Legal standards for appearance in court:
Is regulated by the CPC. (Articles 4 et seq) and Law 18,120.
Law obligations 18,120.
First, it establishes the obligation to appoint judicial trustee
Second, it establishes the obligation to appoint legal attorneys.

These are two distinct functions, independent, notwithstanding that both qualities can come together in one person. Must be fulfilled on both, otherwise the hearing does not comply with the law.
Article 2 of Law 18,120 is responsible for identifying people who may be agents or procurators
1. The lawyers qualified to practice the profession, which include those who have no impediments to the exercise thereof, that is not suspended from the practice of the profession
2. The number of attorneys are officers of the justice system on trial charged with representing the parties
3. The students in third, fourth, or fifth year of Law School
4. The graduates of law for a period of three years after he had made the exams.
5. The leaders appointed by the Judicial Assistance Corporation. These are the same graduates of law schools, whatever the time elapsed after he had made the examinations for the sole purpose of performing the necessary judicial practice to get the law degree.

Obligation to appoint judicial trustee
No person may appear before the courts if it does not represented by a legal representative, independent of the ability to have a party or interested, because it is a distinct capacity of procedural law.
Who verifies the conditions of judicial representative?
In the Civil Courts and Courts of Appeal, the Registrar, the applicant must show either the title or document stating that claims that quality. In the Courts of Criminal Procedure Reform, shall be the chief causes management unit, to authorize the injunction (Article 389 G of the Code).

Cases of exemption from the obligation to appoint judicial trustee
1 .- When the party itself ask the judge permission to appear and defend himself (Article 2, subsection 3 rd Law 18 120). The judge can do given the nature and amount of the claim or circumstances that may prove worth. The judge may then require the intervention of a lawyer.
2 .- Neither action is required ruler in those communes where the number of practicing lawyers is less than 4 (art. 2, subsection 9 of Law 18,120). This fact is assessed by the Court of Appeals.
3 .- When the law itself requires the attendance or the personal intervention for certain procedures. Eg conciliation hearing in civil matters of Interrogatories.
4 .- In the case of certain courts. Eg local police courts, family courts, before the arbitrator arbitrators, to the Internal Revenue Service, etc..
5 .- In certain legal matters by their nature. Eg electoral reasons, requests are made according to the Mining Code, resource protection, protection, etc.

Obligation to appoint counsel sponsor
This is an independent obligation of the former and is established in Article 1 of Law No. 18,120.
This obligation is to defend the trial (not for the effects to appear). The sponsor is the lawyer who defends the rights of the parties at trial, so the law entrusts this task exclusively to lawyers.
Of all the people who can be leaders who can sponsor the only lawyers are qualified, so it happens in some cases these two conditions will give a single person, on one hand is sponsoring (for defense) and moreover legal representative is (to act).

The obligation to appoint counsel sponsor must be first submitted to the court, this may be the claim of defense.

How fulfilled this obligation means of sponsorship?
In fact to the attorney’s signature is the first presentation, and their full names, surname, and domicile.
Failure to comply with this requirement shall be deemed not submitted the letter, not being that decision subject to appeal.
Sponsorship
Concept: It is a mandate by which the parties or interested in a matter entrusted to a lawyer authorized to practice the profession, to defend their claims before the courts.
That is, the attorney sponsoring professional who will examine the issue of interest to the party and raise the claims and defenses deemed appropriate for the claims and defenses deemed appropriate for that client’s claims. The lawyer responds sponsoring civil, criminal and disciplinary proceedings for the faults incurred.
Requirement for sponsor:
It can only be sponsoring a lawyer authorized to practice the profession, ie a natural person who holds a law degree and has paid the respective municipal license is not suspended from practice.
Way to constitute sponsorship:
Article 1 says inc 2 of the Law 18,120 which shall be satisfied the requirement of the constitution of sponsorship, when the first presentation of each party or interested in non-contentious or contentious matters, the lawyer also put your signature indicating your name, names and addresses with the signature on the letter is set sponsorship.
While the law requires that the sponsorship is established in the first presentation is made, does not mean that the later will not be able to substitute counsel, because you can do at any time by submitting a new letter designating new sponsor.
In any case the current sponsorship will help the whole process, except in the resources of complaint and appeal, again requiring that the appointment be made by a sponsor of these resources. Arts. 548 inc. 2 ° COT and 772 inc. end of the CPC.
Penalties:
If the sponsor is not satisfied in the manner described, the breach of this requirement causes the writing may not be provided and shall not be submitted for all legal purposes, which is a drastic sanction, especially considering that there are limits for the submission of certain writings. The decisions issued in this regard are not appealable.

Functions of the sponsoring attorney.
When a lawyer takes only the sponsorship of a process and not the representation of the generally corresponds to lead the defense, but the writings themselves are under the sole signature of the attorney or agent, who is also the person attending the subpoenas and steps of the process.
On the other hand, the Courts of Appeals and the Supreme Court the allegations only carry out the law exceptionally allows sponsors and the allegation of the applicants to a law degree who are doing the practice, but only in cases sponsored by the Corporation Justice Assistance.

Cases in which the sponsor may assume the representation of the present .- art. 1, inc. 3 of the Act allows the attorney 18,120 sponsor assumes the character of representative or agent of the court at any stage of trial. This should be without prejudice to cases where the law requires the personal appearance of the same and in those where the law expressly states that the procedure must be performed by proxy. Acquittal eg positions.
Termination of sponsorship:
Once created the sponsorship it will last for the whole process, except that if either of the following circumstances that put the term:
1 .- For the performance of the order: is the normal way to end
2 .- Revocation: It is the principal manifestation of will in the sense not to continue with the same sponsorship.
In the case of cancellation, the new lawyer have sponsor has two obligations:
§ Advise the sponsor’s first lawyer.
§ Arrange for sponsoring the first lawyer to receive their fees within a specified period.

3 .- resignation: it is expressed in paragraph 4 of art. 1 of Law 18,120, which sponsor the resignation of attorney must be made known to the sponsor along with the state of affairs. The resignation has no effect by virtue of submitting the court, you must notify the customer and while this does not happen retains its responsibility for the conduct of the trial, unless the party name a replacement soon.

4 .- On the death or incapacity of the sponsoring attorney, in case of death or incapacity of the sponsor must appoint another attorney at the first presentation after the event. Article 528 of the COT refers to the mandate, but also applies to sponsorship.
If you die does not end the sponsorship, because the trial ends and the attorney maintains responsibility for succession (art. 1, subsection 18 120 final Act)

Exceptions to the obligation to appoint a sponsor:
Inc.9 article 2 of Law No. 18,120 establishes the following instances of exemption is not required of a lawyer:
a. – In those territories courts where the number of practicing lawyers is less than 4, which will be determined by the Court of Appeal.
b. – Applications for mining petition.
c. – Local Police Trials except crash damages in an amount greater than 4 UTM.
d. – Juvenile Court.
e. – Arbitrators Arbitrators
f. – Causes to the IRS, unless they are a value greater than 2 UTM and sponsorship has advocated a reasoned decision.
g. – Comptroller.
h. – Causes election
i. – Resources for defense and protection.
j. – isolated applications, such as requests for certified copies, etc..
k. – In cases where the judge authorized the party to defend himself, considering the amount and nature of the case, although it will require sponsorship at any time.
The Writ:
Concept: It is a solemn contract to which a person trusts another person authorized for this purpose, the representation of their rights in a non-adversarial process or management.
The injunction provided as granting certain powers to the president in the sense that it is specific powers to sue, and therein lies the difference with the sponsorship, because the person’s legal representative come to replace the person of the litigant. The president will act for him, but the direction of the judicial business is going to always have the sponsoring attorney.

The injunction is governed by Articles 6 and 7 of the Code of Civil Procedure. All 18,120 law which states, in terms of the injunction, the penalty is applied if not legally established mandate.
In this writ is applying the rules of the Civil Code does not appear all that changed in the procedural laws.
Requirements to be a judicial trustee .- Those who may be legal representatives are outlined in Article 2 of Law 18,120 and they are:
1 .- lawyer authorized to practice the profession
2 .- Attorney number
3 .- Persons designated by the Judicial Assistance Corporation (graduates of law schools that are doing the practice.)
4 .- Students currently enrolled in 3 rd, 4 th or 5 th School of Law Faculties of Law and Social Sciences of some of the universities approved.
5 .- Graduates of law schools, who have completed 5 th year and three years after he had made the exams.
The competent university authority will certify a verbal request of the applicant, the fact of current enrollment or graduation date, if applicable. The exhibition will enable the respective certificate to the person concerned for their appearance.
Way of establishing the writ
As it is a solemn contract, his birth can only occur in some of the forms provided in the law, contained in Article 6 of the CPC.
Constitute forms of the injunction are:
1 .- deed (art. 6 th CPC No. 1)
There can only be granted before a notary, can also be granted to an officer of the Civil Registry, which has authority to perform that function.
2 .- Act extended to qualified judge or arbitrator (art. 6 th CPC No. 2).
Occurs very rarely. However, it is sometimes used, such as those procedures in which the answer to the complaint is made in a subpoena, in which case many times the mandate is given at the summons, what is recorded in the minutes rises.
In the arbitration proceedings is more used, especially for trials of partition, which normally held the first summons contains a record of the mandates of all the parties.

3 .- A written statement approved by the principal clerk of the court (art. 6 th CPC No. 3).
Is the usual way. It consists in a written statement of the principal, authorized by the Clerk of the Court is hearing the case.
It complies with the constitution of the mandate when the court clerk authorizes the written statement of the principal. The secretary writes to authorize or authorize, date and signature.
The Secretary to authorize the command must satisfy itself that the agent meets one of the qualifications prescribed by law to appear in court .-
Article 6 of the Code of Civil Procedure, must be complemented by other rules set up other forms of injunction, for example:
a. – According to the special rules that we must appoint a common agent or attorney (art.12 and following of the CPC).
b. – referred to in Article 29 of Law 18,092, the collection committee endorsement on bills of exchange and promissory notes and checks. The owner of these documents can be endorsed in favor of a lawyer authorized to practice the profession in addition to placing the phrase in value collection fee or collection fee or similar, implying that provide for a term of an attorney wide.
c. – also have to say that there is a new way to constitute a warrant and is mentioned in Article 54 of the Public Defender Act, which provides that if, by reason only of law, counsel’s designee patronage and power to act for the beneficiary on the terms set out in paragraph 1 of art. 7 of the CPC and they are required immediately to meet him and commenced work on defense.
d. – Another way is established in the art. 8 of Law 19,983, on the right of execution of the copy of invoice.
Article 8 .- The copy of the invoice referred to in this Act may be delivered to a third party billing. To this end, the signature of the transferor in the face of the transferable copy of the bill, followed by the word “collection” or “recovery value” and the respective delivery. In this case, produces the effects of a mandate for collection, whereby the carrier is entitled to charge and collect unpaid value, even legally, and has all the president’s own judicial powers, including also those which, pursuant to specific reference required by law.

Sanction to the constitution does not mandate.
In the office, the law provides for a less drastic sanction that sponsorship, there is a possibility that the court within three days of the establishment of the legal mandate. After a period the application is not filed for all legal purposes. (Article 2 of Law in.4 18,120).
Powers emanating from the Court Order
Once constituted an agent in a process, it goes replace the part in different activities, in a way that will be to him who shall notify the decisions issued, it is he who must evacuate the judicial proceedings that apply, etc. ., above, except in special cases where the law requires the personal appearance of the same, for example for a measure of absolution of positions available or to be served personally to the party and not his agent, as sometimes the case in criminal procedure. (Art. 29 of the Criminal Procedure C.).
The powers are enshrined in Article 7 of the CPC, a rule that provides for three types of power who can understand the mandate: ordinary or essential and special nature.
Ordinary powers: those that are always included in a warrant, are inherent to our mandate and do not require or even mention, because the law provides examples: inferred resources, offering evidence, etc.
Article 7 Inc.1 · supplied that even if the mandate does not express the powers granted the president the authority to it to take part in all trial proceedings, just as could the principal, unless the law expressly provides otherwise.
Powers of Nature: Are those who are hereby incorporated by court order, but the parties may modify or alter.
The only school of its kind under the law, is to delegate the mandate. If the agent has no specific prohibition to delegate, the president can do. Not applicable to the delegation, the principal must expressly prohibit the mandate.
It should be noted that the delegation of delegation does not apply, since the power to delegate only assists the president and not the delegate.
Special or extraordinary powers: those who do not understand built-in full, therefore it requires an express statement by the principal. The client must expressly and unequivocally state that gives these powers to the president.

These are set out in Article 7, subsection 2 of CPC said that however, the attorney shall be granted without the express mention schools:
1 .- Waive first instance of the action brought, is to give up the demand, which brings about the extinction of the action, which may not be renewed in another trial. This withdrawal should occur after it has been legally notified of the application, and there is reported that after trial, before there is not. Has effect on net worth
2 .- OK to claim otherwise. It implies accepting the claims of the plaintiff or not disputed. It also has equity implications.
3 .- acquit positions: This is caused judicial confession in court, is caused because it is at the request of the party. In some cases, the court president has this power could provide pro his client’s confession.
4 .- Giving up resources and legal terms: the resignation of resources is synonymous to leave early the right of a party, whether to infer a resource or to avail themselves of a period granted by law or legal terms. This must be expressly stated in the process. It is not the same as withdraw, and that the withdrawal operation once the right has been exercised, the waiver is early, before the right is asserted.
5 .- Compromise: This is the same as saying the authority to enter into a settlement agreement.
This transaction also is an extraordinary power, because it involves reaching an agreement with the defendant for solving the dispute or to forestall a possible dispute.
6 .- Engage is to refer the matter to arbitration or compromise.
7 .- To grant the arbitrators power to arbitrators.
8 .- To approve agreements. These agreements are agreements between debtors and creditors and are related to how to pay the debts. This is typical of the bankruptcy law.
9 .- Perceiving. This power relates to the allocation of the agent to receive sums of money, spices or fruits that can be ordered by the opposing party.
As are granted special powers .- For a time it was felt that to understand given special powers were required to list one by one, that is, bring them in specific ways. Not so today, it is accepted as valid ways to grant the injunction, with special powers including, for the mere mention of a general nature. Don … confer power. With the powers of both paragraphs of Art. 7 of the CPC, the client acknowledges and expressly assumes reproduced one by one. This estimate is enough, as the art. 7 ° is a law and the law is presumed known to everyone.
Effects of the injunction .- In granting office disappears from the natural process of the client and all actions must be understood on the basis of its granting to the president. Not met this effect, function is zero. For example, if instead of the sentence served on the president, was notified to the party, such notice is void.
However, it must be remembered that there are cases where the law expressly requires the intervention of the party, as for example:
1 .- The management of agreement in the trial of labor.
2 .- In the settlement, civil.
3 .- In the acquittal of positions in which they can apply for personal loans are part and not the legal representative, even if you have granted authority to do so.
Duration of the injunction:
In accordance with Article 10 of CPC legally constituted retain any mandate that capacity, while in the process is not proved its termination.
A. Term of office .- It may terminate for various reasons:
1 .- In accordance with the request. In a normal case is extinguished by the full implementation of the final decision. The president may represent the client until the full implementation of the sentence.
2 .- .- The revocation may be express or implied.
a. Express: When explicitly manifests the will to revoke, annulling the writ.
b. Tacit. When not referring to the previous mandate conferred a new one.
The revocation is regulated in art. 10 of the CPC established the requirement to exist on the record of the revocation. All orders are legally established is that while in the process no assurance of its expiration or revocation. If the file is not accompanied by the withdrawal, all steps are followed by the president. The revocation is not effective against the other party, while there is no record of it in the process.
3 .- Resignation of President .- As in the case of the resignation of sponsorship, the president is obliged to put this matter to the attention of the court by notice in stating the fact of the waiver and also , the state that is the process and must wait a period specified by law to answer demands (term position) counting from the notice to cease its responsibility at the trial of the above, unless the other party appoints before agent.
If no notice of the resignation, does not operate and in this case, if the president fails to act, is responsible for what happened by the fault or commits a crime or fraud and civil tort.
4 .- On the death of President .- The president’s death extinguished the injunction and it is a public and notorious fact every action made by the dead agent is zero, although no death record in the process. What mandate does not extinguish the principal’s death.
Parallel between the sponsorship and mandate
a. – as the object or purpose of each.
The purpose of sponsorship is the rights of a party to trial.
In the case of the injunction the object it claims is the legal representation of that part, but not assuming the defense
b. – For the active individual sponsorship in the subject can be active only as a lawyer.
Instead the case of the injunction, the law lists other people besides s attorneys who may act as legal representatives (art. 2 º 18,120 law)
c. – On the way to be both. Constitutes heritage is perfect according to the rules of civilian rule is consensual ie, simply the agreement to be perfect. In contrast, in the case of the injunction, it is solemn, solemnity in this case is the deed.
Special cases of legal representation
1 .- The informal Agency
Concept: a quasi-contract, under which a given person appears before a court assuming the representation of another and offering subsequent ratification of the action taken by the principal, thus yielding a guarantee (this guarantee is called bail while).
The law states that it is possible the admission of cases of appearance of a person without power of another. This person is called an unofficial agent.
If the person concerned in due time the judge said, does not endorse, these activities would have no effect and void.
The guarantee is to answer for any loss or damage which may result in action.
Procedural requirements for informal agency
a. – that a person’s appearance at trial or contentious management assuming no other representation and have no mandate or without representation of that person.
b. – What this person (unofficial agent) provides further security or guarantee that the person (who is) approve what was done, ie the actions that the agent perform informal. This bond is called bond while
c. – To enforce qualified reasons or circumstances, which must indicate the time of their appearance
d. – It is necessary for informal agency otherwise complies with the requirements established by law to appear. If the agent is not jus postulandi informal must be represented, in turn, by an agent and it must confer judicial patronage.
The court, admitting the appearance of the unofficial agent, it must be noted within the resolution for the purposes of ratification of the subject. Here two cases may occur:
That the person ratifying, if so the effect of validating all actions performed on their behalf at trial or management.
§ That the person did not ratify, the performances here have no effect, are invalid because there was no mandate or representation.
2 .- Representation of legal persons
Legal persons must always have a legal representative, otherwise they could not act in general.
The law makes distinctions and establish who these legal representatives of legal persons (art. 8 º CPC). The Code distinguishes between societies, whether civil or commercial corporations or foundations with legal personality.
The companies are represented by their manager or administrator, to know who is the manager or administrator must analyze the statutes of the society.
Corporations or foundations, the representative is the president.
All these representatives have at least the powers of Article 7 paragraph 1 of the CPC.
Now if it comes to certain legal entities, special performances and for this we must analyze what is the substantive law applicable in each case. Eg if it is representative of Municipalities Mayor, if the Treasury, the State Defense Council and this is accomplished through attorneys or prosecutors, etc.
3 .- Representation of missing persons
According to article 11 of CPC, we must understand absent any person who has left the territory of the Republic and subsequently is facing a trial or that management is interested in any non-contentious.

The law provides some rules to see who represents absent. In this area you have to make two major distinctions:
a. – If the person still leaves the country, but there is reason to do so:
The law says that in this case if there is cause or founded for this person is absent, the person may ask the judge for a preliminary measure that is that this person presents at the place where the trial is going to engage an attorney who represents, under penalty of assignment of a conservator of property (art. 285 CPC).
b. – When the person left the country, we must distinguish whether or not made up mandate
1 .- If left up to represent agent:
We must analyze the command and see the powers given the president.
Specifically must now determine whether that agent has the authority to represent him at trial and specifically to answer demands
If you have powers no problem, but if it does not, you have to see if the absence is not known at home or abroad, if any must be notified through an international warrant.
Otherwise if you ignore the address has to take its representation absent defender or public defender and will be and who should be notified of this claim.
2 .- If the absent president did not let up
In this case we must distinguish whether absent or not known residence abroad
If you have known address must be notified in Warrant
Ignoring home must appoint a guardian of property
Disruption of the trial proceedings
The instance can be stopped is to litigate in person or through legal representation.
We must distinguish two situations: the death of the party who litigates and the term of legal representation:
1 .- What happens at the death of the party? We must distinguish:
a. – Death of the litigating person, the trial is suspended, so that means that the cessation of right or by operation of law only, which will subsequently be made void and shall notify the heirs This person, in order to appear and make use of his right (art. 5 º CPC).
b. – Death of the person pleads not here does not suspend the conduct of the trial.
2 .- What happens if the representation ends?
Article 9 of the CPC referred to the case of an end to the legal representation of the trial the parties themselves, such as the father of the youngest child reaches adulthood. In this case, the representation will persist until the principal to appear at trial, by itself or to the record in the process the fact it has been sent to the cessation of representation and the state of the process.
OF LEGAL PROCEEDINGS
The process can be decomposed into the various elements that compose it so that each can be examined independently. These elements form the process are the proceedings, also called procedural acts or acts of procedure.
Proceedings can be defined as all steps of the process
Concept (M. Casarino): Any resolution, notice, action or act of any kind, which is stated in a judicial proceeding, authorized by the official to whom the law gives this power, even after the submission of written and added to cars.
Another concept: legal acts are more or less formal process, which left evidence in the record duly authorized by the Minister of faith set forth by law. Civil Procedure Code deals with the prosecution of Title VII of Book I.

Conditions of validity of proceedings
The best guarantee for the parties that the proceedings be made or verified in strict compliance with the law. Failure to observe the relevant legal provisions, it means that the performance under abnormal conditions, that is born to life flawed law and therefore the penalty to be applied will void that particular prosecution.
According to the author Casarino requirements are that the prosecution is practiced these days and hours, that it is a written record in the process, that is authorized by the appropriate official and is practiced by the official designated by law .

1 .- That the proceedings are carried out on working hours and days. According to Article 59 of the Code of Civil Procedure, the proceedings must be conducted in the days and hours. Non-working days are holidays. Working hours are those between 8 and 20 hours.
The holidays are determined by law and included in the vacation time every year, which begins on February 1 and runs through March 1 (art. 313 subsection 1 of the Code).
If legal action is done in days yu after hours, without being duly authorized, have no legal effect, and therefore such action is void.
However, this general rule has some exceptions:
CPC art. 41 Regarding the personal service we have to distinguish different actions:
In the places and premises open to public access, personal service may be effected on any day, any time, trying to cause the least discomfort to the notice. Recinto private, service may be on any day, between 6 and 22 hours , in the dwelling or place where the reported overnight in the place where he ordinarily exercises its industry, profession or employment, or in any enclosure in which it is located and to which access is minister of faith.
Section 708 of CPC. Small claims trial. To practice notifications in these trials will be working the hours between 6 and 20 hours of every day of the year.
Art.60 of the CPC, legal empowerment of days or hours. Can the court, upon application, to enable prosecution practice days or after hours, when required urgent cause. Urgent be estimated for this case, actions whose delay may cause serious harm to the parties concerned, or the proper administration of justice or a court order to make illusory. The court must assess the urgency of the case and has the power to resolve without further appeal.
This provision is the legal source of the institution called the empowerment of holiday, which is mainly used during the court holiday vacation.
2 .- In any judicial action must be recorded in writing in the process.
In accordance with the provisions of the first two paragraphs of Article 61 of the CPC, all action should be left written testimony in the process, stating the place, date, month and year that is sure of the formalities with which they have been and other indications that the law or court disposal. Then, after reading, must sign all the people who was involved, and if you do not know or refused to do so, you must express this fact.
3 .- The judicial proceedings must be authorized by the official concerned.
Judicial proceedings must be authorized by the appropriate official who can attest to the act or certificate. Such authorization is essential to the validity of the proceedings, as required by the final paragraph of Article 61 of CPC. Obviously, this provision applies, as Article 70, to the proceedings of the court, since it seems obvious that it can be applied to the actions of the parties.

Examples: According to the statement in No. 2 of Article 380 of the COT, should the secretary be authorized by the orders or decisions that fall on the applications submitted by the parties and pursuant to paragraph 2 of Article 390 of the same Code, are the recipients who must act as ministers of faith in receiving the testimony and the diligence of Interrogatories. If you lack the authorization of the secretary or the receiver in one of the prosecution this will be void and of no effect.
4 .- The judicial proceedings must be carried by the official required by law.
As mandated by Article 70 of the CPC, the actions necessary for the formation of the process should be performed by the court hearing the case, except in cases of emergency that the same provision and are:
a. – The cases where court proceedings are expressly assigned by law clerks or other ministers of faith. Article 390 of the COT gives us an example, saying that recipients of public trust are ministers in charge of making known to parties outside the offices of the secretaries, decrees and decisions of the courts. The notification is therefore an action which the law explicitly instructs recipients, always says the law, which is to be performed outside the office secretaries. Otherwise, the latter who must practice the notification, according to art. 380 N º 2 of the TOC.
b. – Cases where the court is allowed to delegate its functions, the courts can not in and of itself by delegating its functions. It is necessary that the law authorizes them to do so. Examples art. 140 of the CPC provides that in respect of the costs, the court may delegate the regulation of its value in one of its members if the court is collegiate and its secretary for legal costs.
Ø Art 168 of the CPC, which provides that the decrees collegiate courts may be taken by one of its members.
Ø Art 365 CPC provides that a judge must personally question the witnesses and the court is chartered by one of his ministers.
Ø Art CPC 388 provided in the acquittal of a position if the court does not commit the Secretary or other certifying officer diligence, send quote for day and time the litigant has to pay the statement.

c. – Cases in which the proceedings are to be performed outside the place where the suit. In this case the actions can not practice the court hearing the case, but must direct the communication to the court in whose territory the action has to be practiced, so that the compliance order. There is no more way to make use of delegated jurisdiction, that is, sending the corresponding warrant.

5 .- The oath in legal proceedings
Provided that action has to take oath to some participants, should interrogársele by the official authorizing the wording of the following formula for God Do you swear to tell the truth about what you will ask?, Or, Do you swear by God to perform the duties entrusted to you? Depending on the nature of acting. The respondent must answer Yes I swear. Is what sets Article 62 of CPC. Examples oath of witnesses, expert witness to accept the office of pardoning, etc.

6 .- Statement of interpreter in court proceedings.
Under art. 63 of the CPC when needed the intervention of an interpreter in a proceeding must be appealed to the officer, if any, and otherwise, to be designated by the court. Interpreters must have the conditions required to be experts and are credited with the character of minister of faith. Before the client’s diligence, the interpreter must be sworn to the faithful discharge of his duties.
The Art. 1, letter d) of Decree No. 738 of the Foreign Ministry states that the Department of Translators and Interpreters of the Department of Central Services of the Ministry of Foreign Affairs shall be responsible for intervening in all the proceedings in that it required the officer through an interpreter, according to the stated in Article 63.
How they can be ordered the prosecution

The prosecution can be enacted in four ways: with a hearing, subpoena, with knowledge and background.
a. – Measures to quote: When ordering or authorizing a subpoena diligence, is deemed to be carried into effect, only after 3 days have elapsed since the notification of the injunction to the contrary.
The law states that certain measures should be ordered or authorized to subpoena from the party. In this case, the court provides the respective application: As requested, with citation. Let’s see what the significance of the formula expresses. Paragraph 1 of Article 69 of the CPC states: Whenever you order or authorize a diligent citation means that you can not take effect until after three days after notification of the party, which may object or deduct comments within that period, suspended in that case the measure pending resolution of the incident.
If the other party opposes or comments clear, must be dealt with such opposition or observations such as an incident and the coach may not take effect until after the said incident is resolved favorably.
Eg, public documents are attached to a trial subpoena, the request to increase to pay special test within the territory of the Republic, will be awarded with a citation wing party, etc.

b. – Measures to knowledge: Paragraph 2 of Article 69 of the CPC states: when sent to proceed with knowledge or using other similar expressions, you can only carry out due diligence since the container put on notice of the resolution . Here the court orders the taking with it knowledge and practice from the time when the opposite is notified of that decision.

Eg check request is turned, the court is asked to provide such knowledge, this means that the check request can be ordered through official notification once daily state court decision.

c. – Measures to hearing: When the law requires that there should be a hearing of the opposing party, the move gives her the background accompanied on the record, that within three days expose it deems appropriate for defend their interests.
In this case the incident arises immediately, therefore must be resolved by an interlocutory ruling or order.

Eg the request to pay extraordinary increase test outside the territory of the Republic shall be granted a hearing of the opposing party, any violation of the standards for practice embargoes liable to the minister of faith damages arising, etc.
d. – The plane ordered a judicial proceeding when the court decreed immediately, without further formalities or expect in terms.
The Letters Rogatory

When in a process it becomes necessary to order the practice of judicial action outside the jurisdictional boundaries of the court hearing the case, you must send it to judge the relevant communication, in order for an order to comply with the requested action . This communication is called a warrant. Under the provisions of paragraph 1 of Article 71 of the CPC, any court is required to practice or to order them to be in their territories, the actions that it be implemented and that another court may require.

Accordingly, I urge all there are two courts: the court issuing the letters, which is directing the communication, and urged the court, which is the receiver and gives the order to be fulfilled. Its foundation rests on the principle of cooperation that should exist between all courts, for the most expeditious and proper execution of its delicate and important duties.

Warrants Classes:

1) National Warrants are those that target the Chilean courts to each other.
2) international Warrants are those that go between Chilean and foreign courts, or vice versa. This classification is important for processing different to each other undergo Warrants.
3) Warrants Commons: it is one that goes to court to practice a particular prosecution.
4) I call traveling or walking, is one that goes to various courts for the practice of various judicial proceedings, so that the first performance practiced before one of them is sent to the next, and so on.
The latter permits the classification of Article 74 of CPC.
National Warrants
The communication is sent by the tribunal issuing the letters urged the court upon request of interested parties and issuance of the decision in court so orders, for in these matters the court can not act officially.
The warrant must contain the letters, decrees and explanations necessary for the proper conduct or practice of instructing care (art 71 º inc.2 CPC).
The court called its order fulfillment in the way the report shows and can not enact other steps that needed to process it and to enable the trial judge to resolve the appropriate (article 71 CPC final paragraph). Any action performed without securing the warrant, imply excess of authority or power and therefore produce the nullity of the corresponding action.
The Warrants shall be signed by the judge in any case and if the court is chartered by the chairman.
Letters rogatory must be taken to their destination by post, and in special cases described by the court, delivered to the party which requested, to manage compliance. It is what is prescribed in Article 77 of CPC.
According to art.73 of the CPC, on the steps necessary to make the court urged, may intervene in charge of the party who requested the warrant, provided that it expresses the name of the manager or indicate that you can fill it that the present or any other person.
The person who will fill the warrant should have the necessary fitness to stand trial under Article 2 of Law 18,120.
Warrants directed to foreign courts:
When two or more actions performed in a foreign country, you should contact the respective communication to the staff to be involved, through the Supreme Court, which shall forward to the Ministry of Foreign Affairs that this in turn will of course in how it is determined by the treaties in force or by general rules adopted by the Government.
The submission must state the name of the person or persons to whom the party empowered to practice the procedures requested, or indicate that the person can do this or any other. Enunciated is what the clauses 1 and 2 of Article 76 of CPC

If it is a mere processing warrant must attend to his office the President of the Hon. Supreme Court, but if not mere processing must know it one of the rooms of the CS

Warrants directed from abroad to Chilean courts:

Paragraph 3 of Article 76 provides that for the same duct and in the same form must be received communications of foreign courts to conduct any investigation in Chile.
That is, the warrant sent by the foreign court should reach the Ministry of Foreign Affairs, which sends it to the CS for compliance, which will send the court called upon to intervene in these matters of compliance.

The warrant from a foreign court is a public instrument executed outside of Chile should be duly authenticated (art. 345 CPC) and in case of being extended in foreign language must be accompanied by its translation (section 347 CPC).
Time Periods

Are regulated under Title VII of the CPC, including Articles 64 to 68.

1) The Civil Law defines the term IN ARTICLE 1494 of the CC defines the term as fixing the time for the fulfillment of an obligation. This definition is somewhat limited and only apply to the matters contained in Book IV of the CC, that is, obligations and contracts.

2) The doctrine defines the term as a future event and upon which the exercise or termination of a right.

3) In procedural matters using the concept of a future event and is set to practice a particular proceeding or to a particular legal act proceedings.

M. Casarino of which from the context of the CPC, within that space of time is fixed by law, a judicial decision, or agreement of the parties to exercise a right within the process.
The legislation uses the term as synonymous word term.
Ways to compute the period.

CPC is silent on the form or manner of computing time, so we must resort to common law.

Article 48 of the CC provides: All periods of days, months or years that is referred to in the laws or decrees of the President of the Republic, courts, be understood to be complete and shall be until midnight on the last day of term.
The first and last day of a period of months or years must have the same number in the respective months. Within one month may be therefore, 28, 29.30 or 31 days, and within a year of 365 or 366 days, as appropriate.
If the month is the beginning a period of months or years it consists of more days than the month it is the end of the term, and if the period corriere from one of the days when the first of these months exceeds the second The closing date is the last day of the second month.
Apply these rules to the requirements, the qualifications of age, and in general terms or any terms prescribed in the laws or acts of the Chilean authorities, except that the same laws or acts expressly provided otherwise.
Classification terms:

I) In the manner of computing (discontinuous)
a. – Continuous-is running without interruption. Not suspended holidays.
b. – Discontinued: This is the one who suffers suspension during the holidays.
The general rule in our law is that terms are continuous. In fact, Article 50 of the Civil Code provides that in the time that we indicated in the laws, or decrees of Pres. of the R., or in the courts or tribunals to include even the holidays, unless the prescribed period of days to be useful, expressing, for then the holidays are not counted.
This general rule has two exceptions:

1) The first is contained in the final part of the art. 50 of the CC, that the time is discontinuous, as is expressly stated by law or by decree of the authority within the prescribed period of days is useful.

2) The second exception is provided for in art. 66 of the CPC, which provides that the terms of days provided the CPC, shall be suspended during the holidays, unless the court, for good reason otherwise specified. It should be noted that this exception applies only to the terms of days provided the CPC. It does not refer to the terms of months and years that points to the said Code, or any other terms established by law or legal bodies.
However, this does not rule with the matters referred to in paragraph 2 of Article 314 of the COT on the holiday rental (Article 66, Paragraph 2 of CPC). That is in business to enable the holiday vacation, despite being identified in terms of days the CPC, for the purposes of computation, not deducted any holiday.

II) The time at which they start running (individual and common). (Art.65 of the CPC)
1) Individual Deadlines: those who run separately for each part, from the time of the respective notification. Deadline for filing exceptions eg in j. executive.
2) Common Terms: those who are together for all parties, from the time of the last notification. Eg time to answer demand in the ju. Regular term evidence in any trial.

The general rule is that terms are individual. For it is understood that a period is common, it requires a legal provision expressly so provides.
III) According to their source or origin from which emanate (judicial, legal and conventional)
1) judicial deadlines are those identified by the courts when expressly authorized by law to do so. Note that these deadlines are exceptional in our legislation. (Eg Article 9 and 12 of CPC)
2) Legal deadlines are those set by law
3) conventional Deadlines: is that which emanates from the voluntary agreement of the parties, or who attends will issue a unilateral legal act.

Most are legal terms, they are also all fatal and should not accuse her about rebellion, since the possibility of exercising a right or opportunity to perform an act is extinguished at the expiration of the term.
IV) according to whether or not subject to deferral (renewable and non-renewable)
1) are the extended deadline may be extended beyond the natural expiration date.
2) Deadlines extended, are those that do not support this extension.
According to our CPC, only support extending legal terms.
Legal terms are extended, unless the law in the particular case, admit that a legal term can be extended. Is what provides the art. 68 of the CPC and it has solved the case.
But for the terms indicated by the tribunal can be extended is necessary that the following requirements (Art. 67 CPC):
a. – is necessary to request the extension before the expiration of the term and
b. – must alleging just cause, which must be determined by the court cautiously.
In no case may the extension to extend the term beyond the days allotted by law (art.68 CPC).
V) As if the failure to exercise the right within them does or does not die (fatal and nonfatal)
1) deadlines fatal: those that expire by the mere passage of time.
Refer to them by Articles 49 and 64 Civil Code of Civil Procedure Code.
The first of these rules provides that where an act is said to be executed at or within a certain time, if it is assumed to be executed before midnight ending the last day of term, and when it is required that has elapsed period of time to be born or expire certain rights, it is understood that these rights are not born or expire until after midnight at the end of the last day of that period of time.
And the last statute provides that the exercise of which rights are granted a term fatal or involving an act to be performed on or within a certain term, shall be irrevocably extinguished by operation of law only, if you have not exercised before the expiration of those terms.

Therefore fatal deadlines are recognized:
a. – because the law expressly assigned character (eg art. 189 CPC, the deadline for filing rec. Appeals)
b. – because the law says that the right must be exercised or the act performed, using the expression over time (ex. Article 770 paragraph 1 of the CPC) and
c. – the law says that the right must be exercised or the act performed, using the expression within a certain time (ex. Article 305 paragraph 1 of the CPC)

2) nonfatal Deadlines are those that do not expire by the mere passage of time, but declared that under the appropriate default. Today, have that character just the time that the Code provides for the court.
The Rebeldías

Are regulated under Title VIII of Book I of the CPC.
The institution of the rebellion is enshrined in Article 78 of the CPC which provides that after a period for judicial conduct a procedural act without it has been practiced by the relevant party, the court ex officio or at the request of a party, such proceedings in absentia and will provide what is appropriate for the continuation of the trial without prior certificate of the secretary.
The rebellions are important in the case of judicial time limits, it does not apply to legal or conventional limits.
This matter was discussed to address the attitudes that can take once the defendant has been legally summoned.
The rebellion in the first instance has no overall effect on the sense of having no need to worry about unruly litigant. On the contrary, it only means given to evacuate the relevant process, and then must follow notice of all decisions taken during the trial.
Secondly, the situation is different. If the respondent does not appear to follow the action, you must follow it in its default by operation of law only and is not necessary to notify the decisions issued, which produce their effects on the rebel appealed from that opinion.
The invalidity of what was done

1) The nullity of all the proceedings, when the rebel has been prevented by force majeure.
The defaulting litigant may seek rescission of what has been wrought in his trial in absentia, offering evidence that he has been prevented by force majeure. This right can only be claimed within three days from the cessation of the impediment and could be accepted by the court dealing with the business. This is required by art.79 of the CPC.
The incident giving rise to the right of the defaulting litigant must be substantiated in a separate file and not suspended during the main cause.
Invalidity of all the proceedings for lack of formal
Refers to this incident in Article 80 of CPC that says if the defaulting litigant was not made known in any person fought in court orders, request the termination of what was done, offering proof that for a fact that it is responsible, have stopped coming into his hands the copies referred to in Articles 40 and 44, or that they are not accurate in substantial part.
This right can be claimed only within five days from the emergence or stating that the litigant had personal knowledge of the trial.
In regard to the seriousness of this incident, since it is based on the lack of formal notice, which involves coming to condemn a trial without a hearing, the law allows it to intervene at any stage of trial and final sentencing yet . It appears here in a sentence final. This is evidenced by articles 182 and 234 of the CPC.
Suspension of proceedings
Under the amendments introduced by the laws 18,705 and 18,882 paragraph 2 of Article 64 provides that the parties at any stage of the trial, agree to suspend the proceedings for up to a maximum of 90 days. This right may be exercised only once in each instance, without prejudice to assert it in the CS case, before that court appeals were pending or complaint against the final decision.
If the parties make use of this right, the time that may be running will be suspended upon presentation of the written protest and continue to run the expiration of the suspension agreement.
Finally it must be considered that the suspension runs from the filing of the notice, regardless of the date it is provided.
NOTIFICATIONS

Broadly, the notification is the act by which the court informs a person, whether or not party to the proceedings, a decision or a measure, in order to give to know just to make it appear in defense of their interests, or of bringing him to testify, to confess or partially informed, or even to stop running or run something under penalty of law.
More restricted, reporting is the action that is intended to inform third parties or a court order.
Notices are governed by the rules that gives the Civil Procedure Code in Title VI of Book I, and the provisions for all court proceedings, contained in Title VII of Book I of the Code.
Importance of notifications:
The said Article 38 of the CPC to have: judicial decisions take effect only by virtue of notification under the law, except where expressly excluded by it.
But this principle has exceptions, one of which is contained in Article 202 of the CPC, according to which, if the respondent fails to appear before the High Court within the period established in Article 200, should follow the action as a rebellion by simple operation of the law and need not notify you of decisions issued, which produce their effects on him, from their opinion. So, respect the rebel appeal, judicial decisions produce their effects since they are spoken, without notice.
In accordance with Article 39 of the CPC, for the validity of a notice does not require the consent of the person served.
Kinds of notifications:
Personal 1.Notificación
2. Personal service subsidiary or by Article 44 CPC
3. Notification card
4. Notice the daily list
5. Notification notices
6. Notification tacit
7. Ficta Notice

General requirements for notices:
a. – That the notice is carried out by the competent official. Eg secretary or receiver
b. – They must be practiced in hours, days and working places
c. – must be recorded in the notification process performed with all the formalities prescribed by law for each particular form of notification.
Consent and notification statements:
From the time that judicial notice is an act of authority, for the purposes of the validity of the law has not had to take into account the will of the person served. The contrary view were accepted, in practice it would be impossible to make valid judicial notice.
The foregoing principle is clearly expressed in Article 39 of the CPC, when he says: For the validity of the notification does not require the consent of the person served.
Further measures of reporting which are affixed in the process, do not even need to acknowledge what he has said the reported and this is explicitly stated in Art. CPC 57.
Delegation of functions of the Secretaries:
The functions entrusted to the court clerks may be performed by the first officer of the secretariat.
Personal service
Definition: Legal act queconsiste to deliver to the person who should be notified, a complete copy of the resolution and the request (written or demand) that has resulted, as written. This definition is clear from Article 40 of CPC.
Officials authorized to make personal service
According to art.380 No. 2 of the COT, the secretary must practice personal notifications in your office. This feature can also be played by the first officer of the secretariat, under the responsibility of the Secretary, pursuant to art. 58 of the CPC.
Outside the clerk’s office is the receiver who must practice personal notifications. So ordered by the art. 390 of the COT.
In any case the first notification in any legal proceedings the plaintiff is made by the state daily.
Article 41 of CPC points out the days, hours and working places for personal service.
The above statute provides that:
In the places and premises open to public access, personal service may be effected on any day, any time, trying to cause the least discomfort to the notice. In the executive proceedings may not be the payment in public, and demand has been notified in a place or premises open to public access is generally subject to the provisions of No. 1 of art. 443 (card out)
In addition, service may be on any day, between 6 and 22 pm in the dwelling or place where the reported overnight or in the place where he ordinarily exercise their industry, profession or employment, or in any enclosure in which it are and to which access by the certifying officer.
If the notice is to be carried on a holiday, the deadlines begin to run from midnight on next working day, and if the arrest was made outside the municipality where the court works, the time will be increased in the manner prescribed in Articles 258 and 259.
They are also working places to practice the office of the secretary notified the house that serves to release the court and the office or office of minister of faith who practice the notification. Judges may not, however, be reported in local carrying out their duties.
Personal notification must be recorded in the process
Personal service must be reflected in the diligence process must sign the notice and the minister of faith. If the former can not or will not sign, it should be testimony to this fact in the same diligence. Be expressed also the place where the act and check the date with indication of the time, at least approximate. This requirement is set by art. 43 of the CPC.
The record in the process is an essential requirement of personal service. Their omission invalidates the notice. Indeed, our case law says are requirements whose absence leads to the invalidity of the notice: the fact that you subscribe to the person to whom it is done or to place on record the fact of not wanting or able to sign, and that expresses the place where the act was verified and the date, indicating the time, at least approximate. It added that the indication of where the act takes place, not only refers to the city, town or village is domiciled person are to be served, but to his room, or other places that can verified notice in accordance with the law.
Cases where personal service is used.
The resolutions to be served personally are referred to in Articles 40, 47, 52 and 56 of the CPC.
a. – In any judicial management, the first notification to the parties or persons to have to affect their results, must be made to personally. It should be noted that the Code does not say to be served personally written decision rendered on demand. The lawsuit can begin with a preliminary measure or school management of the executive, in which case the defendant personally served the first decision handed down in the record and the state, the decision rendered in the suit that subsequently arise.
b. – When the law requires notification to any person for the validity of certain acts, such as the assignment of a nominative.
c. – When the court so expressly.
d. – may be used in all cases.
e. – If six months pass without any decision handed down in the process, notifications are not considered valid entries on the daily status until a new notification is made in person or by ballot.
f. – Notifications made to third parties not party to the lawsuit, or who do not affect their results should be made in person or by ballot.
g. – When specifically required by law. Cases eg sections 221, 233, 443, No. 1, 689, 705. etc. CPC

Requirement of Article 44 of the CPC or subsidiary personnel.
Concept: Legal act supplementary proceedings, by which a Judicial Receiver delivers one of the addresses of notified and allowed by law the records referred to in Article 40 of CPC.
Article 44 states: If you look on two different days in your room or place where he usually exercises its industry, profession or employment, is not taking the person to be notified should be established that she is in the place of trial and what his dwelling or place where they exercise their industry, profession or employment, these circumstances suffice to verify the proper certification of the certifying officer. Established two facts, the court shall order that the reporting is to deliver the copies referred to in Article 40 to any adult who is in the home or the place where the person to be notified exercise their industry, profession or employment.
If nobody is there, or if for any other reason can not deliver such copies to persons who are in those places, the door shall be a sign that demand news, with precise identification of the parties regarding the case, court hearing on it and the resolutions that are reported. It is so ordered paragraph 2 of Article 44 of CPC.
If the dwelling or place overnight or place where he usually exercises its industry, profession or employment, is in a building or premises to which free access is not permitted, the notice and copies handed to the doorman or manager building or premises, leaving express testimony to that fact. This is expressed in paragraph 3 of art.44 of the CPC.
Consequently, the requirements or elements of this notification are:
1 .- That can not be notified in person as such
2 .- That the person (served) has been sought on two separate days.
3 .- The search has been verified in the house (room) or at the place where they exercise their industry, profession or employment.
4 .- That the certifying officer certifies in the record that the person is in the place of trial and indicate which is the dwelling or place where it exerts its industry or profession.
As a reference, I note that before the amendment established by law 19,382 of 24 August 1995, instead of certifying officer certification now required, it should yield unique witness summary information for reporting purposes pursuant to this article.
Procedure: Once the requirements identified and returned the file by the court receiver, usually the plaintiff must submit a statement to the court requesting to be notified in accordance with Art. 44 and verifying the requirements the court so orders.
In accordance with art. 43 subsidiary notification shall state on the record by the minister of faith who subscribe.
On the other hand, it is necessary to point out that under Article 45 of the Code, due diligence reporting, in this case should be extended in the same way in the case of personal service, being forced to subscribe the person receiving the copies, if you can, leaving evidence of their name, age, profession and address.
Outside the obligation of the certifying officer to record the notification process in this form, you must give notice thereof to the notice, directing such purpose letter by mail, within two days from the date of notification or from the reopening of offices of the Post, if the notification was made in Sunday or holiday. The letter may be to open card imprinted with the name and address of the recipient and must state the court, the accession number of the case and the name of the parties. In the testimony of the notice shall also indicate the fact of shipment date, the post office that was done and the voucher number for that office. This receipt must be affixed to the file after the testimony. Failure in sending the letter does not invalidate the notice, charge the offender for damages arising and the court, after hearing the affected party, shall impose any of the measures identified in the N º 2, 3 and 4 of art. 532 of the COT. It’s what sets the art. 46 of CPC.

Personal service through advertisements in newspapers or periodicals.
Concept: Act supplemental and exceptional legal proceedings, by which is published in a newspaper notice has been given a court decision or defined procedure for having produced one of the conditions of Article 54 of CPC
This kind of reporting is that it is practiced, prior court order, when to be notified personally or by ballot a resolution individuality or persons whose residence is difficult to determine or their number considerably obstructs the practice of notification may be notification by means of notices published in newspapers of the place where it is still the case, or capital of the province or the capital of the region, if there are not any (art. 54 paragraph 1 of the CPC)
So the newspaper notice should be in two cases: a) it has to be served personally or by ballot individuality or persons whose residence is difficult to determine b) it has to be served personally or by ballot to people whose numbers , significantly impede the practice of care.
To allow this form of notification, the court must proceed with knowledge of the facts.
Ie plane can not solve the request made by the party, having RECAVA, prior, public offices and private institutions.
Mode of practice: Practice this notice by advertisements in the newspapers where the cause is still d ela capital of the province or the capital of the region, if there are none. The notice, which replaces the personal service or by ballot must contain the same data required for personal service, but if the publication is very wasteful, considering the amount of business, the court may have done an extract prepared by the court clerk.
Should be performed at least 3 warnings, but also the judicial decision to be reported is the first court action is also necessary for the validity of the notification, to insert a notice in the Official Journal for the first day or fifteenth of any month, or next day, if not published on the dates indicated. Is hereby given that the final paragraph of art. 54 of the CPC.
Nullity of this kind of notification
The newspaper notice must comply with all requirements under the art. 54 of the CPC and if you omit one of them, the notice is invalid.
The notice by ballot.
Definition: that is delivered to the address of the notified document containing a complete copy of the resolution and the data needed for successful intelligence. This definition follows the art. 48 of the CPC.
To practice, therefore, a notification of this type, the certifying officer must give notice at the home of a complete copy of the resolution is reported and the data needed for successful intelligence. The key differences between the personal notification and reporting by ballot are: a) personal service must be delivered complete copy of the resolution, which attempts to notify and request it has received, when he is writing; instead on the card notice must be given a full copy of the resolution, but accompanied only the data needed for successful intelligence and b) the personal service is effected by delivering the documents required by law, personally notified, the notification instead by ballot is made to deliver the resolution and the data needed for successful intelligence in the address of the notification, to any adult who it is, and if nobody is there, or if for any reason can not deliver such documents to the people in it are, it jijándose notice giving notice of the claim, exact specification of the parties regarding the cause of her court hearing and the resolutions that are reported, another difference is in terms official authorized to practice personal service is the court clerk or the receiver, while in the notice by ballot only serves the receiver.
Fe Minister must give notice by registered letter.
The receiver must give notice by certified letter that notified by ballot. This follows from Article 46 of the Code, under Article 48 of the code.
Notification by ballot must be recorded in the process.
In the file should be made of the notice stating the date and place of the name, age, occupation and address of the person who made the delivery of the card and the fact of having given notice. This is guaranteed by paragraph 2 of art.48 of the CPC.
Resolutions to be reported by ballot.
The resolutions to be reported by ballot are set out in Articles 48, 52 and 56 of the CPC and they are:
a. – The final judgments.
b. – The resolutions of receipt of the case to trial. The resolutions of inquiry an incident should be reported by the state daily, according to the final paragraph of Article 323 of the CPC.
c. – The resolutions ordering the personal appearance of the parties.
d. – If the court expressly orders (final paragraph of Article 48 CPC).
e. – When it comes to notify third parties not party to the lawsuit, or those affecting the results (art.56 CPC).
f. – When six months pass without any decision handed down in the process, no notification will be valid by the state until a new notification is made in person or by ballot. (Art.52 of the CPC)
g. – in other cases that the law is established. Eg 233 paragraph 2, 595 of the CPC, etc.
Address for service for the purpose of the notification by ballot
According to Article 49 of CPC for the purposes of notification by ballot every litigant must, in its first judicial management appoint a known address within the city limits of where they operate the respective courts, and this designation is considered as non-subsistent then another interested party, even when in fact change his abode.
In the trial before the lower courts the home should be fixed at a known location within the jurisdiction of appropriate court, but if the designated place at a considerable distance is that in running the court, he may order, without any formalities and without appeal, to appoint another within closer limits.
Penalty is a breach of the obligation to designate home.
The resolutions under Article 48, be notified by ballot, the state shall be reported daily to the parties that have not designated address in the first litigation. This penalty remains, while that appointment is not made by the party who has made this omission.
However, this sanction has no effect during the entire process. It is applied as the litigant fails to comply with its obligation to designate home.
The notification by the state of the resolutions under Article 48, be notified by ballot shall be by the mere fact that the respective trial do not address the appointment of its first judicial management, without request of either party and without prior court order. Is what prevents Article 53 of CPC.
The penalty therefore is severe, it involves replacing the notification card, which is surrounded in a certain sense of formalities, notification by the state daily, which is the simplest of all.

Daily status notification
Concept: that is to include the resolution to be reported in a state to be formed and set daily in the court office with the information specified by law.
Refers to this kind of reporting Article 50 of the CPC said in item 1: Resolutions not included in the preceding articles shall be notified to the parties from coming within a state to be formed and set daily in the secretariat each court with directions that the next paragraph says.
Wherever appropriate
The formula is simple: the notification by the state occurs every time the resolution is not notified of those to be served personally or by ballot.
Consequence of this is that the notification by the state is the rule.
Of state formation day
The daily statement should be headed with the current date that is formed and must be indicated by the number of appropriate order in the general expressed in figures and words and also by the names of plaintiff and defendant or first listed with this character, if different, all cases in which decision has been taken on that day and the number of judgments in each. It added the seal and signature of the secretary. This is guaranteed by paragraph 2 of Article 50 of CPC.
Time and how the state should be maintained
These should be kept for three days in a publicly accessible place, covered with glass or other disruptive manner to make alterations in them, and bound by strict order of dates will be archived monthly. (Art.50 paragraph 3 of the CPC).
Notification by the state newspaper should be allowed testimony in the case, errors or omissions in the testimony does not invalidate the notice and will be fined only half a UTM, a request or ex officio.
Failure of notification by the state on a resolution.
If by oversight or for any other reason not included in the daily list on a resolution that is issued can not be included in the states of the days that followed, the interested party so requests and without prior court order as .
Serial processes
We have said that between the formalities of notification by the state that the processes included in these statements, as identified, including citations for the serial number on their part in the general.
Consistent with this, the legislature has provided that the start will be assigned a serial number in the first decision handed down and he should appear in the court’s role, through to completion. (Article 51 of CPC).
Special Notices
There are several scattered throughout the Code provisions that establish specific cases and notifications that are far in terms of its form, the general rules on them. Examples art. 553 (possessory disputes), 588 (eviction case in court for termination of lease), 629 of the CPC, etc.
Tacit notification.
Concept: There is Article 55 of CPC Although not verified notice or otherwise incurred in the legal, it shall be notified of a resolution from the party who made at trial affects any knowledge management involving that decision, without having first claimed the lack or invalidity of the notice.
Consequently, according to the statement, notification is not really implied a kind or class of service. It is called tacit because certain conditions are met or requirements, the law presumes that the person has been legally notified.
According to the above, the conditions for tacit notification takes place are:
a. – the decision has not been notified to the party or who has been variously reported to that provided by law.
b. – the party has made any management in the process that involves knowledge of the resolution and
c. – the fact that management does not consist precisely in claiming lack of notice, or lack of validity of the notice served.

Alleged legal notification or fictitious
If a party requests and obtains a declaration of invalidity of a notification, it shall be notified of the decision of which notification was declared invalid, since being notified of the decision declaring such invalidity. If the invalidity of the notice has been declared by a higher court, such notice shall be made after receiving notice of the compliment of the resolution.
This Notice was incorporated into our legislation by Law No. 18,705, by adding subsection 2 of art. 55 of the CPC.
Purpose: The amendment was intended to avoid the absurdity that was given when declaring the invalidity of the notice of a resolution this should again be notified, with the consequent loss of time.
You could say that the law presumes that you have requested a declaration of invalidity of the notice has been informed of it and therefore a further notification is unnecessary.

L AS JUDGMENTS
Concept: These are the declarations from the courts on the issues covered by his decision. They express an activity in which the judge meets the requests of the parties or procedural measures available.
The author says Casarino court decision is any act emanating from the court for failure to substantiate or dispute concerning the trial.
Are regulated in Book I, Title XVII, sections 158 to 185 of CPC.
Classification of judgments:
A. “In view of its legal nature are classified:
Final judgments
Interlocutory judgments
Autos
Decree, order or provided.

B. – In response to the request
Single-instance judgments. Are those that once dictated not be against them on appeal.
Court ruling: Are those who do from the appeal.
Judgement on appeal, is one that makes the superior court or appellate court, when hearing an appeal.
There is also the ruling of the term: is one that ends the last resort.
C. – whether producing or not the effect of res judicata.
The statements that have become final and executory produce this effect.
D. – On the court from which emanate
Judgments of courts
Sentences handed down by special courts
Judgments rendered by arbitral tribunals.
E. – With regard to the nationality of the court of the court from which they emanate.
Resolutions issued by national courts
Decisions rendered by foreign courts
The most important classification is that of Article 158 of the CPC classification decisions in final judgments, interlocutory judgments, orders and decrees. In paragraphs 2, 3, 4 and 5 of the same statute, the legislature defines each of these species of judgments. It is these definitions which we must comply with to qualify judgments and not to the name to be given, or external shape. So for example, the resolution receiving the case to trial is an interlocutory ruling, although it is termed test car. Moreover even if the judge issues an interlocutory ruling magazine external form of a decree, it does not lose its legal status remains for all legal purposes, an interlocutory decision.
The rating of a decision is made, is important for the following reasons: the external requirements of the Code sets are different, depending on the kind of judicial resolution, the procedural remedies may be brought against certain judgments against others are not from, the number of ministers to intervene in their dictation in collegiate courts, shape or form to be drafted, whether or not enjoy res judicata, etc.
Decree: Paragraph 5 of Art. 158 of the CPC defines this sort of judicial decision in the following way: It’s called decree, order or provided that, without fail on incidents or procedures which form the basis for the issuance of a statement is only intended to determine or fix the substantiation the process.
From this definition it is clear that expressions decree, order and supplied are synonymous, denoting the same idea.
The TOC art.70 given in paragraph 3 of Decree No other definition. Legal provision in question says: We understand by mere orders of conduct which are intended to provide a progressive course to the Court, without deciding not to prejudge any issue discussed between the parties.
From this it follows that there are two characteristics of the decrees, orders or provided, namely: a) are intended to give the car a progressive course, and b) decide not prejudge any question under discussion between the parties. It is this latter characteristic that distinguishes them from other judgments.
Both definitions clearly express what is the purpose of the decree: to determine or fix the substantiation of the process, that is, make the present progressive course.
Examples: the judge’s decision that provides the application, giving her transfer to the defendant. The resolution provides that the court brief with delaying the move gives them the plaintiff, when he quoted the parties to subpoena defense and test, etc.
Cars: It’s called self the resolution lies in an incident, without establishing permanent rights for the parties, and outstanding on a process to be used as a basis in issuing a final decision or interlocutory. This definition is to make a related study of paragraphs 3 and 4 of Article 158 of the CPC.
Cars are judgments that resolve incidents. This is the distinguishing characteristic of the decrees, orders or provided. The decrees never resolve incidents.
The incidents are the ancillary issues that require the trial court’s finding.
The second part of the definition says that cars do not establish permanent rights for the parties, or arrangements to be solved on a basis in issuing a final decision or interlocutory. This second feature is what distinguishes cars interlocutory orders.
Eg Court order ruling on the privilege of poverty.
Interlocutory orders, are defined in paragraph 3 of Article 158 of the CPC which says that fails an incident of the trial, establishing permanent rights for the parties or resolved on a process to be used as a basis in issuing a final decision or interlocutory.
Like cars, interlocutory judgments are judgments that fail incidents characteristic that distinguishes them from the decrees, orders or provided.
But not all incidents are resolutions that fail to interlocutory orders. Should attend, also one of the following circumstances: a) must establish permanent rights for the parties, or b) should decide on a procedure that should be the basis for rendering a final or interlocutory. It is these requirements that distinguish interlocutory orders of the cars.
Samples sent. Interlocutory establish permanent rights for the parties, interlocutory decision to accept the withdrawal of the claim or declared abandoned or procedure that holds a dilatory exception, etc.
Examples of interlocutory orders that meet a procedure that should be the basis for rendering a final or interlocutory decision later: the decision to get the case to trial, the decision to dispatch orders and seizure warrant of execution against the debtor, the resolution that fails the authenticity of a document accompanied part of the test within a separate incident, etc.
Classification of interlocutory orders
a. – Interlocutory Judgement grade or class are those which resolve an incident by establishing permanent rights for the parties. Eg resolution that welcomes abandono, a resolution that welcomes dilatory exception, which accepts or rejects or receives a challenge to a document.
b. – Interlocutory Judgement second grade or class: Those that meet a procedure that provides a basis for rendering a final decision or subsequent interlocutor.
Eg resolution to get the case to trial. Court decision execution and seizure warrant issued in executory.
Another classification that has to do with the merits of the appeal, the law classifies them into two groups: a) interlocutory orders that put an end to the trial or make it impossible to continue, and b) interlocutory orders that do not produce these effects. Under Article 766 of the CPC, the appeal is appropriate only against final judgments and interlocutory against putting an end to the trial or make it impossible to continue.
Examples of interlocutory decisions that put an end to trial or allow its continuation, while those who accept the withdrawal of claim, which state abandoned the procedure, accepting the incompetence of the court, etc.
Final judgments: They are defined in paragraph 2 of art. 158 of the CPC which reads: It’s final decision terminating the proceedings, resolving the question or issue that has been the subject of the trial.
According to this definition, for a judicial review the characteristics of a final decision, must meet the following requirements: a. – must stop the instance b) should resolve the issue or matter that has been the subject of the trial.
The instance is each of the grades established by the law courts for the courts to hear and determine the business under its decision, with sovereign power to rule on questions of fact and law arising therein.
In our law, the general rule is that issues are known at two instances, the exception being that they are in a single instance. There will therefore be many final decisions as instances in which it must pass through a particular judicial business. Hence the final decisions in relation to the instances are classified into single-instance of first instance and second instance.
The judgments on appeal, many of which reject the appeal, as those who accept him are not, strictly speaking, final judgments, even though part of their formal characteristics, for instance appeal is not.
Not enough for a court order to end the instance to be final sentence also required to resolve the issue or matter that has been the subject of litigation. Why the statements that accept the withdrawal of the complaint, declaring abandoned the procedure or to declare abandoned the requirement of deduction appeal against the final decision of first instance, are not final judgments, but interlocutory, because they lack the second element or feature of the final, which is the decision of the question or issue that has been the subject of litigation. It is therefore the resolution does not resolve the merits of the trial, but the formal aspects of it.
Judgement of the term: sometimes the CPC uses the term sentence term, for example when he tells us that the joinder may be ordered at any stage of the proceedings before the sentence term (art.98).
But the legislature has not defined the term sentence. The doctrine, however, has estimated that the ruling of the term is one that puts an end to the last instance of trial. If the lawsuit fails by a single court will sentence the one that lies in that single instance. But if the cause is seen in first and second instance, the term sentence that falls on appeal.
Final sentences: The CPC refers to the final judgments or enforceable in Article 174 which says, means a resolution signed or executed since been served on the parties if no appeal against it, and if Otherwise, since notification of the decree sent it to comply once they finish the net resources, or from the expiry of all periods that the law allowed for the filing of such resources, without any enforced by the parties. In the latter case, where final judgments, the secretary shall certify the fact of the court after the ruling, which is considered final from now, without further ado
According to this article, you can define the final judgments or enforceable as those that can be met, either because no appeal against them, either because the specified resources from and have been missed, either because the resources come, but have passed all the time that the legislature granted to its filing, without any enforced by the parties.
Statements That Cause enforcement: those that can be met, notwithstanding the pending appeals. For example, enforceable because the court of first instance when it has been appealed and the appeal, according to law, is granted the sole purposes of review. Equally enforceable because the court of second instance when it is brought against an appeal because the latter, in accordance with Art. 774, as a rule, does not suspend the execution of the sentence.
Doctrinal classification of the final ruling
They are classified sentence, declarative and constitutive.
a. – The sentence of condemnation, are those that impose a benefit to the defendant to the plaintiff and allow then to obtain compliance with this provision by executive action, that is, by compulsive methods. These are the most common sentences.
b. – The statements merely or purely declarative statement, are those that are limited to rule on a legal relationship that appears uncertain. Here the applicant is satisfied with the sentence dispel or clarify the doubts that exist about a particular legal relationship substantially serial. Declaratory judgments would also be those who dismiss the claim, or favoring the defendant.
c. – The constituent sentences are those whose statement produces the existence of new legal states. There is also talk of statements constitute statements of state and constitutive of law.
Example of the first: judgments of invalidity of marriage, divorce, interdiction and example of the latter, the sentence for damages from wrongful injury.
Requirements of judicial decisions
The formal requirements of judgments vary according to species. There are however some that are general for all judgments. They referred to in Articles 61 and 169 of the CPC.
Under these laws, any resolution, of whatever kind, should:
a. – express in words the date and place of issue
b. – lead to foot the signature of the judge or judges who issued or participated in their agreement, but if any of them occurred after the agreement was unable to sign, simply expresses the fact that the same fault.
c. – also lead to foot the signature of the secretary, or minister of faith authorizing them.
Requirements of the first resolution:
Outside the general requirements listed above, shall contain a specific requirement, which consists in assigning to it a serial number to be included in the court’s role to completion, with the aim of carrying out the notification by the state to come sometimes indicate the amount.
Requirements of the decrees:
Besides the general requirements, must indicate the state the ordering process, ie the process whereby progressive course is given to cars. So to supply the demand in an ordinary action shall be granted to the defendant.
Requirements for cars and interlocutory orders:
They must also meet the general requirements and also with those established in Articles 144 and 171 of the CPC. The first resolution relates to the condemnation costs.
According to Article 171 in interlocutory orders and the file must be expressed in terms of the nature of business permits, the decision over the matter in question, the circumstances mentioned in the Nos.4 and 5 of Article 170, this is, the findings of fact or law that underlie the decision and the statement of the law and, failing of the principles of equity, under which pronounced the verdict.
If this type of resolution does not contain these considerations and omitted to state laws and in the absence of equitable principles is not grounds for appeal, as this is a matter of fact that is delivered to the discretion of the trial court.
Requirements of the final decision:
We must distinguish between final judgments only, first or second instance.
Requirements of the final ruling of first or only instance:
These are divided into a descriptive part, thoughtful and resolute.
Is Article 170 which states the requirements that must be met, which should be complemented with the agreed order issued by the CS, of September 30, 1920.
From the narrative: That which is in its beginning or the beginning and covers the following:
Designation of the parties, their address, profession or trade.
The brief statement of the request or action brought by the plaintiff and its foundations.
Same statement of exceptions or defenses alleged by the defendant.
If it has received the test result (banc)
If the parties were or were not summoned to hear sentence (banc).
Now this step is necessary because the agreed order was issued in 1920 and all pending litigation exists in the summons to hear final decision.
The preamble should contain:

Is regulated at Nos. 4 and 5 of art. 170, shall contain the final sentence:
The findings of fact or law that underlie the decision, and
The enunciation of the laws, and in the absence of the principles of equity, under which pronounced the verdict.
The preamble of the judgments are, mainly aimed at avoiding judicial arbitrariness. They constitute the foundation of part or decisive.
The operative part is one that contains the decision of the controversial issue, which should include: all the claims and defenses have been asserted at trial, but may be omitted from the resolution of those which are incompatible with accepted ..
The signature of the judge or judges who handed down the sentence and the court clerk’s signature authorizing such ruling.
Final decisions of second instance: In this case can be subdivided:
Judgments as amended: That adjust or change the decision at first instance.
Revocation sentences: one that repeals or revokes the decision at first instance.
Confirmatory sentences: one that confirms the decision at first instance.
Confirmatory Case Requirements:
a. – No need to meet any special requirement;
b. – should, however, to correct the vices committed by the court of first instance.
c. – The court of second instance can not fail the claims and defenses that have not been resolved by the original ruling. In such a case should automatically invalidate the decision or order the lower court to complete the sentence, and
d. – The above rule suffers exceptions: 1 .- when unresolved claims and defenses were inconsistent with accepted and 2 .- when the defect of lack of resolution of the matter in question was committed in the final decision rendered in a summary trial.
Requirements for amendments or revocation sentences:
This is necessary to make a fundamental distinction, the wording of the provisions of clauses 1 and end of art. 170 and that is to determine, first whether the court ruling or not meet its own requirements of form imposed these sentences for the same item.
Indeed, if the court decision meets these requirements, second, that the modification or revocation is sufficient to reproduce the narrative of the first, then, that exposes the recitals of fact and law that show the need to modify or revoke the first, and end up making statement on the claims and defenses that make up the controversial issue.
If the court decision does not meet all the requirements that are peculiar to the second sentence of the amended or repealed in the part she has to meet all requirements listed in paragraph 1 of art. 170, that is, shall consist of Part, considerate and decisive.

Punishment that the lack of paragraphs:
The ruling can not be invalidated recitals interposed against an appeal in the form based on the causal No. 5 of article 768 in connection with the Nos. 4 and 5 of Article 170 of the CPC.
It should be present considerations do wrong from the appeal in form.
Exceptions to the decision of the matter in question:
The principle that the sentence must solve each and every one of the claims and defenses asserted, and nothing but those claims and defenses is not absolute. It is a rule that has the following exceptions:
a. – The final decision can omit the resolution of those actions or exceptions that are inconsistent with accepted. (End of Item No. 6 170).
Example: void opposing exceptions and payment, if the court accepts the first, not what to answer the second, both being inconsistent exceptions.
It should also be borne in mind in this regard as provided for in Article 208 of the CPC, according to which the appellate court may rule the issues aired in the first instance and which are not pronounced the sentence appealed the ruling to be inconsistent with it, without requiring new lower court’s ruling.
Returning to the previous example, appealed the decision to accept the plea of nullity and is silent on the payment, as incompatible with that, can the appellate court rejected the plea of nullity and decide on the payment, despite appealed the ruling contains no resolution on it.
b. – The other exception is provided at the end of Article 160 of the CPC, which states the principle that the sentence must fail the controversial issue should be without prejudice to cases in which laws or permitted to proceed to court automatically.
As an example, we cite the case under Article 1683 of the CC, under which the absolute invalidity can and must be declared by the judge, even without petition, as appears evident in the act or contract.
Other requirements of the final ruling:
In addition, final decisions must comply with other requirements referred Apr art. 144 of the CPC and the CS banc.
According to art. 144 sentences must contain a statement of the costs of the case.
Sanction for failure to comply with the formal requirements of judicial decisions:
It is therefore necessary to distinguish the nature of each court decision
1 .- If the defect relates to an order or decree: The parties to remedy this defect should do so through the filing of the appeal. Is brought before the same court that ruled to solve it the same.
2 .- If the defect relates to an interlocutory ruling. The way to remedy the defect by the appeal. Is brought before the same court for a ruling on superior.
3 .- If the defect is given a final ruling. The parties may seek an appeal in form.

Effects of decisions
These occur only in the case of final judgments and interlocutory and are as follows: a) The detachment of the court; b) Action Jeopardy c) The defense of res judicata.
The detachment of the Tribunal:
Concept: The beginning of detachment of the tribunal is enshrined in the first part of paragraph 1 of Article 182 of the CPC which reads: Reported a final decision or interlocutory any of the parties shall be the court which rendered alter or modify in any way.
The detachment of the court is therefore the effect produced by the final judgments and interlocutory, under which, once they have been notified to either party, can not be modified or altered in any way by the court that issued .
Elements:
There must be a final or interlocutory ruling
There must be a legal notice of this ruling, at least one of the parties at trial.
Exceptions to the principle of detachment from the courts.
1 .- The motion for clarification, addition or correction. We have said that under the principle of detachment, once pronounced and notified to either party a court order, whether final or interlocutory, the court ruled that loses right to modify or leave without effect.
The resource is defined as the means crossing the law the parties to clarify obscure or doubtful points, save the omissions and errors corrected copy, reference or numeric calculations appear highlighted in a final or interlocutory (Art. 182 CPC).
The purpose of this resource is therefore very limited, is reduced to nothing more than to clarify obscure or doubtful points, save omissions, or to correct clerical errors, reference or numeric calculations. Any other defect of form or substance contained in the award may be corrected through other regular or special appeal.
This resource has no deadline and may be attempted despite the filing of other appeals against the respective decision (art. 185).
The law also authorized the court issued a final ruling or interlocutory order to rectify the errors of copy, reference or numeric calculations, it is an ex officio authority to be exercised within five days of first notification the faulty statement (art. 184).
The exercise of this power to rectify the errors of copy, reference or numeric calculations contained in a sentence is without prejudice to the rights of the parties to derive appeals against it (art.185).
Brought the appeal the court may decide to give flat or incidental processing and meanwhile suspended or not the proceedings of the trial or execution of the sentence, depending on the nature of the claim. (Art. 183 CPC).
2 .- The case of interlocutory ruling declaring an appeal desert, which can be reset before the same court that issued provided that it is based on error of fact (art. 201 subsection 2 of CPC):
3 .- The case of the prescribed sentence stating an interlocutory appeal, which can also be reset before the same court that issued it, provided it is based upon an error of fact (art. 212 CPC);
4 .- The case of an interlocutory ruling that receives the test result, which can also be reset and before the same court that issued (art. 319 CPC) and
5 .- The nullity of all the proceedings for lack of location, incident that can also be brought before the same court that rendered the final decision or interlocutory, although it has produced since the detachment of the court (Articles 80, 182 and 234 clause 2 inc. end of the CPC).
The orders and decrees against the principle of detachment of the court: (art.181 of the CPC)
The orders and decrees may be modified or left void by the court itself that dictates, for which the law gives the parties the application for review or reconsideration.
The application for review is defined as crossing the law means to the parties for the modification or rescission of an order or decree by the court that rendered, whether they are enforced or not new information so justified.
From this definition it is clear that this resource can take two forms or classes, with new information and without new information.
The importance of this classification or distinction is that the replacement of new information is not time, while the replacement without new information must be inferred fatal within five days from the notification of the party who engages.
Filed an appeal for reconsideration, the effects of self or decree are actually suspended until the court appeal fails.
Replacement host the aggrieved party can appeal the ruling of the appeal. Instead place the order denying the request for reinstatement is final if it can be subject to appeal the ruling sought if the action is appropriate. As the term to appeal is suspended for the request for reconsideration and to the ruling rejecting the last appeal is final, to avoid that is firm to appeal the order or decree against which the claim is appropriate proceedings for reconsideration and joint appeal, the latter in the subsidiary character of the event that it is rejected.

THE ACTION OF THING ADJUDGED
Concept: is one that is intended to enforce a final judicial decision. This definition is clear from Articles 175 and 181 of the CPC, pursuant to which the final or interlocutory action or produce final jeopardy, but also firm orders and decrees may be implemented and maintained from the moment they acquire that character.
Procedural requirements of the action of res judicata
Appropriate action for res judicata requires:
a. – the existence of a final judicial decision or a final or causing execution in accordance with law
b. – parte expressed on compliance with the court decision, and
c. – the provision that imposes the sentence is now due.
Holder of a final action:
Article 176 of the CPC says: CJ corresponds to the action of those to whom it has been declared a right in court, for compliance with the resolution or the execution of the decision in the manner prescribed by Title XIX of this Book
The wording of that statute CJ action corresponds to that litigant in whose favor has been declared a right in the lawsuit.
Title XIX of Book I of the CPC regards the implementation of resolutions and contains two paragraphs: the first concerning the implementation of the decisions taken by Chilean courts and the second is the enforcement of judgments rendered by foreign courts.
The implementation of the decisions taken by Chilean courts:
In accordance with paragraph 1 of art. 231 of CPC implementation of resolutions for the courts which have ruled in the first or only instance and it shall be once the decisions are final or cause enforceable in accordance with the law.
Now if the execution of a definitive ruling requires the initiation of a new trial, it can be brought before the court that issued the first or only instance, or the court having jurisdiction in accordance with the general principles established law, at the option of the party, which has obtained in the trial, whichever course if you follow the latter course the rules on distribution of causes.
Foregoing, without prejudice to the right of the courts that hear appeals, appeal and revision to implement the rulings issued by the substantiation of these resources, following the principle and scope of competition. You can even decree also pay the costs due to staff who have contributed to such resources (art. 231 final paragraph).
Procedures:
It is important to know what procedural rules of law are applicable for the execution or enforcement of judgments issued by the Chilean courts.
1 .- Procedure Incidental. Is one that is unfolding before the same judge who issued the decision that it is to meet within the year from the date the decision was made payable (art.233).
2 .- Executive Procedure. Typically when it comes to statements that relate to obligations to give, do not do. In this procedure when one year has elapsed since the execution was due or when requesting compliance with the ruling to a different court than the one that you said.
3 .- Special Procedures. Among them we cite by way of example, which is still in trials of Finance, in which the ruling that condemned the Treasury to any provision, takes effect issued by the President of the Republic the relevant decree (art. 752) and the procedure followed in some trials emanating from the Lease, in particular in the eviction and restitution of the thing leased, according to art. 595 of the CPC if they ratified the eviction comes on the day appointed for the return without the tenant has vacated the leased property, it will be released at its expense, is what is called release.
4 .- procedures outlined by the trial judge. Article 238 of CPC to say that when it comes to enforcement of judgments that can not be subject to some of the procedures already mentioned correspond to the trial judge to dictate the measures to compliance, the effect may impose fines or imprisonment, reasonably be determined by the court, notwithstanding the pressure to repeat.
Back to see more details Incidental Procedure
This applies when the execution of the decision requesting the same court that rendered the award and within the year after the execution was required, as it says in Article 233 paragraph 1 of the CPC.
After this procedure requires the following three requirements: a) that compliance with the ruling request before the same court that rendered; 2) will be requested within the year from which the execution was required, and 3) notification the party and the agent by ballot.
Compliance with the ruling order in this way, the court must examine the background and provide the application as requested with subpoena. This resolution must be notified by ballot, but enforcement is sought against a third party notification should be done personally. Fatal within a period of three days, the person against whom enforcement is sought the ruling, may raise defenses and defend itself. Art. 234 is concerned to list exhaustively, the peremptory
The enforcement of judgments rendered by foreign courts
These can only be met in Chile when the Supreme Court granted permission. The CS is not free to grant or deny the permit or enforcement order, so they can play in the country, but must conform to the rules on the subject gives the CPC.
These rules are contained in articles 242 to 245 of the CPC and can be summarized in three basic rules:
1 .- The CS should attend first to the provisions of existing treaties.
2 .- If there are no treaties, the CS should take into account the reciprocity.
3 .- If you can not apply the above rules, governed by Article 245 of the CPC, according to which decisions of foreign courts in Chile have the same force as if it was given by Chilean courts, provided they meet the following circumstances:
a. – contain nothing contrary to the laws of the republic.
b. – What not to oppose the national jurisdiction
c. – Must not have been rendered in absentia and
d. – that are enforceable in accordance with the laws of the country in which they were uttered.
As for the procedure to be supported the enforcement order, you have to see if this is a contentious issue or contentious matters.
IN THE doctrine of res judicata
Concept: is the effect produced final or interlocutory firm, under which it can not be discussed again between the parties the matter was the subject of failure. Is regulated in art. 177 of the CPC.
Elements:
It must be a final or interlocutory.
The final decision must be final or interlocutory or final. Those that do not produce enforceable cause CJ.
Concerned to discuss in a subsequent trial, as was discussed in an earlier one.
That there is identity of parties.
The rationale for the exception of CJ is in the need for litigation and also have an end that they do not lead to conflicting judgments.
Features:
Has four characteristics: a) be waived; b) is relative, c) is irrevocable and d) limitations.
Waiver of Double Jeopardy:
It means if the party does not oppose this objection at trial, it is understood that he gives it, the court can not officially declare the CJ.
Relativity of res judicata:
This feature follows from the definition. Since you can not re-examined the issue between the parties has been the subject of litigation. So, is that the presumption of truth that it involves only applies to the parties involved in legal proceedings.
There are exceptions, especially in the CC, which indicate that the CJ has an absolute effect, ie, cases in which judicial decisions produce their effects not only for people who have participated in the trial, but on the whole world. Examples include Articles 315, 1246 and 2513 CC.
In accordance with Article 315 the court ruling that declared true or false the legitimacy of the child, not only true for people who have participated in the trial, but for all, relative to the effects that carries legitimacy.
Article 1246 provides that in that instance of a creditor probate estate or has been judicially declared heir as such, be deemed to be over other creditors, without prejudice.
Article 2513 states that the statement that declares an injunction will serve as a public deed for real property or real rights incorporated in them, but not worth competent third party without the registration.
Finality of res judicata.
In the sense that court decisions or executed can not be modified in any way. Neither the courts nor the legislature have the authority to change the legal situation in which the decision has placed the parties involved in the trial. It failed in a court of law is a real law to the parties, as well as the contract between the parties.
Court cases except non-contentious, for only a negative decision in this case the applicant can try again, in case of a positive or affirmative statement, one that accepts the request, this statement can not be changed
Applicability of res judicata.
It means that she, despite the passage of time, can be invoked at any time. Fundamentally different in this respect, the action of CJ, which, like other actions, is extinguished when not being exercised within a certain time.
Judgments that do not produce res judicata.
The legislature has established certain cases where court decisions do not produce the exception of CJ. , A result referred to in Art. 478 and 615 of CPC
The first of the provisions, provides that the sentence passed in the executory CJ occurs in ordinary proceedings, both for the performer and the executive, except in the case which was granted a reservation of rights to the performer or executed.
The second of the provisions referred to, states that the judgments handed down in accordance with paragraphs 1 and 2 of Title VI of Book III of the CPC, regarding the special trials of lease, shall not prevent the parties from exercising the ordinary shares who are entitled, on the same issues resolved by them.
Requirements under the applicable law to the doctrine of res judicata.
Pursuant to the provisions in Art. 177 of CPC to proceed the doctrine of res judicata, must attend copulatively between the new demand and previously resolved.
1 .- Legal Identity of person
2 .- The identity of the thing requested, and
3 .- Identity of cause of action.
If you go between the new demand and resolved before the triple identity referred to Article 177 of the CPC can be invoked in the second trial the exception of CJ.
1 .- In the legal identity of person. This means that the plaintiff and defendant in both trials should have the same legal status and is indifferent to whether or not the same individual. What is relevant is that the parties included in the new trial in the same quality as in the previous trial, regardless of whether the trial change of role. So a person can act in court personally and be represented in a new trial for judicial representative. In this case, despite the absence of physical, legal identity or legal there.
Ordered Thing identity. The second condition required by law to enable it to oppose the doctrine of res judicata is that the new demand and has previously resolved the identity of the thing requested.
The thing is asked legal benefit is claimed in the trial and which is to be entitled. There is, therefore, requested identity of the thing, when the legal benefit is claimed in the new trial is the same as that claimed in the previous trial.
To determine whether it satisfies the identity of the thing asked not to be addressed to the materiality of the object but the right is claimed under discussion. When the law discussed is the same, there is the identity of the thing asked for, even if it is materially different things.
On the contrary, is not satisfied the identity of the thing requested, when the law discussed is different, even though the material is the same thing. For example, if you claim the delivery of a watch because I am heir of John, and I lose the lawsuit, later I can not ask for the delivery of a horse, again pretending to be heir to John, and that it will oppose the exception of CJ. In both trial requests the same legal benefits: recognition of an heir.
The identity of the cause of action. The art. 177 definecomo as the foundation of the right immediately deducted from the trial.
There is no mistaking the object of controversy with his cause. In two trials can be requested the same object, even if for different reasons. Thus, in the first trial was calling for a farm, because he owns because of purchase. Refuses to the demand. In the second trial was calling the same farm, but is sustained by the actor who owns for having inherited. Can not oppose the doctrine of res judicata, as although the object is identical in both trials, that is, recognition of the quality of owner, the cause of action is completely different, since in the first is the contract of sale and in the second inheritance.
Nor should it be confused with the cause of the the evidence brought to bear to prove the legal fact that underlies the action brought. A lawsuit based on the same cause of action of a previous which has been faulted, it must be rejected even if it hold for other evidence. If a person loses a trial, can not restart it later, based on the same cause of action, even when trying to prove his claim by means of different test.
Various ways to assert the doctrine of res judicata.
This exception may be invoked as:
a. – Exception dilatory (mixed), pursuant to art. 304 of CPC that is, as an incident of special preliminary ruling, but if it’s broad knowledge, answer the complaint will be sent and will reserve the decision for final decision.
b. – demurrer, to answer the complaint, that is, according to art. 309 N º 3 of the CPC and if it gets in this way has a peculiarity, not only can be relied on as the response to the demand, but at any stage of the proceedings, should yes, written submissions before the summons for sentencing in the first instance, or the hearing of the case at second.
c. – In support of the appeals, appeal form, appeal and review the background.
Parallel between the action and jeopardy.
1 .- The action of CJ is born only of convictions, while the exception of CJ can support both a conviction and an acquittal.
2 .- CJ’s action corresponds to one litigant to whom it has declared a law in the trial, while the exception of CJ can be invoked by the litigant who has obtained at trial and all those who as the law takes the decision, provided that there is a triple identity, as studied.
3 .- CJ’s action is asserted in the demand for executive, while the exception of CJ has so few opportunities to empower themselves are the various forms of allege, and
4 .- The action of CJ prescribed according to general rules, but instead the exception of CJ by its very nature is inalienable.
The effects of criminal convictions in civil trial
May be a close relationship between a criminal and one civil trial, particularly if the criminal trial there has been no court ruling on the civil action for damages is born of the crime investigation.
All born a criminal offense and may be born in addition, a civil action aimed at pursuing the mere return of the thing or matter has been the subject of crime or compensation for the damage that the wrongful act occurred.
If we want to get the return of the thing matters of crime, civil action shall be brought before the court hearing the criminal case.
Persecutory civil action for compensation for damages may be brought before the court hearing the criminal case or before the civil courts.
In both cases there are no problems, but the question arises whether the ruling by a trial judge “does or does not act or doctrine of res judicata for subsequent civil trial in which they demand compensation for damages?. The legislature deal with this case differs, depending on whether the criminal sentence is an acquittal or conviction.
Judgement criminal conviction:
The judgments in a criminal trial, if convicted the defendant, CJ occur on subsequent civil trial, as stated by the art. 178 of CPC
According to art. 180 states that whenever a final criminal conviction occurs in civil proceedings, it is not lawful to consider evidence or arguments inconsistent with the decision in that case or the facts which formed the necessary foundation.
Eg. If I abuse my car with a person and as an author I am convicted of unlawful injury trial I will be lawful only discuss the nature and amount of compensation, but could not adduce evidence or reasons inconsistent with the decision of the sentence I ordered, much less discuss facts that serve him, to that resolution, the necessary foundation.
Criminal Judgement and Order of Dismissal acquittal or final.
If this happens neither one nor the other produces, for a subsequent civil trial, except for CJ, but when fused in some of the circumstances that exhaustively covers the art. 179 of CPC
The express statutory provision cited the rulings of the charges or acquit ordering the dismissal, CJ occur only in civil matters, when it is based on some of the following circumstances:
1 .- The absence of crime or tort which has been the subject of the process. There shall be included in this number of cases in which the acquittal or discharge coming from the existence of circumstances which exempt from criminal liability.
This exception is based on the nonexistence of the offense and the particular need to make some distinctions:
a. – If the criminal sentence resolves that no crime or tort, or her final discharge order is issued, CJ occurs, it is based on the nonexistence of the offense, and, consequently, could not be initiated after a civil suit to recover damages;
b. – If the ruling finds that no crime or tort, despite being credited the facts, because they are not punished by the criminal law does not CJ. This is justified because although they may not be punished under criminal law may be of a criminal or civil torts.
c. – If the statement declares no offense, despite the existence of the facts, be accredited and sanctioned by the criminal law, because there was no malice in the defendant, this statement produces CJ.
2 .- Continued art. 179 saying there is no link between the event pursued and the accused, subject to civil liability for acts that may affect third parties, or for damages resulting from accidents, in accordance with the provisions of Title XXXV, Book IV of the CC, and
3 .- Do not exist at present any evidence against the accused in this case can not claim the CJ, but in respect of persons involved in the criminal process as the main parties or interveners.
Effects of civil judgments in a criminal trial
Sentences handed down by the judge in the civil no effect on criminal matters is it the rule, but as such, has some exceptions:
1 .- The exercise of civil action arising out of a private action crime extinguish the criminal action that is born of the same offense, be promoted just because the first civil action.
2 .- You can not bring a civil action for damages in a criminal trial, when it has been blocked by the judge in civil cases. CJ is opposed, and
3 .- The judge in the criminal must respect the decisions of judges in civil matters, in so-called civil questions are dealt with it.
INCIDENTS
According to the provisions of section 82 of CPC incidents can be defined as ancillary questions that require the trial court’s finding, with or without hearing the other party.
The incidents are also called articles, can occur in both trials in general and special.
Classification of incidents
Incidents can be classified from different points of view
1 .- Regular and Special Incident
Ordinary items are those whose processing is established in Title IX of Book I of CPC
The specials are those who have their own rules of procedure and only adhere to the provisions applicable to the ordinary incidents as they are not modified by them.
2 .- previous incidents and special delivery and no prior incidents of special delivery.
The preliminary and special delivery are those without whose prior decision can not continue to substantiating the main cause, suspend the course of this and should be handled in the same room here. Eg incident of incompetence
The non-special preliminary ruling are those whose previous resolution is not necessary to be able to continue processing the main cause, do not stay the course of this and should be substantiated in a separate file. Privilege eg poverty.
3 .- Incident to be processed and incidents that should not be processed.
The incidents to be processed article 89 says that if an incident is encouraged given 3 days to respond and the deadline has expired, or missed the party the court shall decide the matter, if they felt no need to test
The incidents should not be processed are those that the court can resolve plane, because its failure can be based on facts stated in the process, or are public knowledge, so the court entered in its resolution.
4 .- Incidents related and unrelated incidents
The related are those directly related to the subject-matter of the trial.
Unrelated incidents are those that have nothing to do with the subject-matter of the trial.
REGULAR ISSUES
Opportunity to be made: In accordance with the provisions in arts. 84, 85 and 86 of CPC is clear that the incidents, as a rule can be promoted on three occasions:
1 .- Incidents arising from an act prior to trial or concurrent with the beginning. In this event, the incident must be promoted before any principal in the litigation management.
2 .- incident originated in an incident that happens during the trial. In this case, the incident must be promoted as soon as the event comes to the knowledge of the relevant party.
3 .- incidents whose causes exist simultaneously. Presented a situation such as that, the incident must be promoted at a time.
Penalty: the penalty for breach of the above rules, is that the tribunal will automatically reject the incident raised. The above is the rule, but has no absolute character, because if the incident relates to a defect that breaks the process or circumstance essential to the ritual or the progress of the trial, can be promoted at any time and shall be the court order to practice the steps necessary for the legal process run its course.
Authority granted to the judges to automatically correct the defects that can cancel the procedure. The final paragraph of art. 84 of the CPC empowers judges to automatically correct errors noticed in the handling of processes and to take all practicable measures to prevent the annulment of acts of procedures. Judges have no need for the parties they represent the vices or correction request them, are empowered to do to safeguard themselves in the public interest that exists in any judicial function.
Handling incidents
As soon as it promotes an incident, the court must bear in mind the provisions in Articles 87 and 89 of the CPC and therefore consider whether the incident is related, if it has made in due course, whether or not special preliminary statement and whether it has promoted one of the parties that is obliged to enter.
If you have met all the requirements cited by the legal provisions cited, the court must provide the respective application, allowing a period of 3 days fatal to the opposing party to respond. This is without prejudice, that the request can be based on facts stated in the process or are public knowledge, in which case the court must resolve the incident plane in Resolution circumstances.
If it is a prior incident of special decision the court will provide transportation and car.
Whatever the decision rendered in writing that promotes the incident must be notified to the parties by the state daily.
The response of the counter: The counter has a period of three days to respond.
Attitudes that the Court can assume the deadline to respond. The deadline is fatal to the party to answer the court may take one of two attitudes: a) receives the incident to test or b) it fails
If there are material facts relevant and the court will issue proof of the incident, otherwise it will fail immediately.
The resolution of inquiry of the incident should be reported by the state daily. (Art. 323 inc. 2 °).
End of evidence of the incidents.
The probationary term is 8 days fatal, but when evidentiary proceedings are to be conducted outside the place where the suit is, can the court, grounds once extended the term by the number of days as it deems necessary and may not in no case exceed the total period of 30 days from the incident was received at trial, evidence that the term extension is optional for the court, may do so only once and if there are reasonable grounds.
Notified of the resolution that receives the incident to test opens a probationary term of 8 days to give up within him and also justify the disqualification of witnesses if there is room for them. Within the first two days must accompany each party a list of witnesses they intend to rely.
It could also be a special probationary term, given the silence of the legislature, pursuant to the provisions of Article 3 of the CPC. Then will have to apply to this special term all the rules of the special terms of the cause.
Judgement and resources
After expiration of the evidence, no further action be noted and the court immediately on its own initiative or at the latest within three days, pending the incident should fail
The resolution fails an incident may be an interlocutory order or ruling. It will be a car, if not establish permanent rights for the parties or settled on a process that will serve as a basis in issuing a final decision or interlocutory.
Or maybe it is an interlocutory decision to establish permanent rights for the parties or settled on a process that should be the basis for an interlocutory or final or sentence may be those that put an end to the juice or make its continuation impossible .
The procedural nature of the decision rendered in the incident is important for resource purposes. So if a car is only capable of the appeal, if an interlocutory appeal shall lie and if those interlocutory halt the trial or make it impossible to continue will likely appeal in form.
Incidents that can not be processed without prior appropriation. (Art. 88 CPC)
The party which has lost two or more incidents that has promoted itself can not promote any other without the prior appropriation of the amount for the purpose by the court, ranging between 1 and 10 UTM.
The above does not apply for enjoying the privilege of poverty in the trial, but if you act with evident malice may the court impose a lawyer office in person or by a fine representative tax benefit.
The incidents that require prior appropriation necessarily be processed in a separate file.
SPECIAL ISSUES
a. – Withdrawal of application:
Procedure is the legal act by which the applicant terminates the trial at any stage of it, once demand has been properly served, ie, after the relationship has been formed proceedings.
Before notifying the applicant may withdraw the demand and it has not been filed. This is the withdrawal of the application referred to in art. 148.
The effect of the withdrawal is to produce the effects of CJ on the actions asserted in the lawsuit. To this effect occurs is necessary court’s finding, which is done through an interlocutory ruling.
Processing. Must be processed according to the rules of the incidents. Within 3 days the opposing party must respond by accepting the withdrawal or conditionally or in its entirety. In any case, if there has been opposition, the court shall decide whether or not to trial, or how it should be borne by the applicant abandoned. Art.149
Withdrawal of counterclaim: The art. 151 refers to this point, noting that means accepted without an express declaration, proposed by the fact, unless the opposing party within three days of notice. In this case
incident and dealt with as failure to reserve the final decision.
b. – Abandonment of the procedure.
Is the effect that occurs in the procedure, all parties listed in the trial have ceased their pursuit for six months from the date of the last decision rendered in any useful management to give the progressive course of the present (art. 152).
The procedure is terminated by the mere passage of time when litigants do not call for their prosecution within the time allowed by law.
Terms of origin. It requires the following three conditions:
Pending proceedings.
Procedural inactivity.
Time
Procedural right to enforce the drop: You may be asserted by the defendant during the trial until he was given final sentence in the case (art. 153).
Way to assert abandonment. Abandonment can be claimed by the defendant by way of action or exception, but in both cases subject to incidental processing.
When action is by the defendant asks the court is deemed to be abandoned because the procedure six months have elapsed without the parties have made some management for further action.
Be by way of exception when, having made the actor a letter aimed at obtaining further proceedings after the expiry of six months, the respondent opposes the abandonment of the proceedings, claiming that converge all conditions for declaring it.
Waiver of the right of abandonment: If new proceedings, the defendant does not have any management intended to rely on the abandonment (art.155). The law presumes the waiver of this right, is a case of implied waiver.
Effects of abandonment. Not extinguished claims and defenses of the parties (art. 156)
You lose the right to continue the procedure abandoned, it can not enforce a new trial. Remain the acts and contracts that are definitely made right. Art.156 inc.2 °.
Trials where not applicable (art. 157). Can not be invoked:
Bankruptcy proceedings
Trials of division or liquidation of estates, corporations or communities.
Special rules of enforcement proceedings. This matter is regulated in Article 153 subsection 2, in accordance with 152 of CPC
The rule in Article 153 was added by Law 18,705 and was later amended by Law 18,882 of December 20, 1989.
Before the amendment did not apply in the notebook of urgency, the abandonment of the procedure, as was ruled by C of A and CS. on several occasions.
With the legislative amendment, there is no doubt that applies the abandonment of the proceedings in enforcement proceedings. However, in this matter we must distinguish between the notebook and the notebook main constraint.
Notebook Home: Governing the general rules established in the art. 152. It may invoke the abandonment of the procedure, through action or exception, by the run, once the parties listed in the trial have ceased their pursuit for six months from the date of the last decision rendered in a useful management to give effect to the present progressive.
Regarding the procedural opportunity to argue, it runs from the notification of the requirement to run until it is executed the sentence. Therefore, the opportunity extends until the day of the deadline to file defenses or until the day the decision becomes enforceable ruling on the objections.
Notebook constraint: In this area governs the art. 153 paragraph two (read it).
The requirements to be given the abandonment of the proceedings in this matter are:
Inactivity of the parties in the log of constraint.
After a period of inactivity.
Claim executed by the pressure in the notebook.
Judicial resolution that welcomes the abandonment of enforcement proceedings.
This neglect can claim once it is rendered the final decision or estimate in the case of Article 472.
The inactivity of the parts must be manufactured in the notebook of urgency, for a period of three years from the last relapse useful management book urgently. If management is useful to pre-date the final decision or the case of Article 472, shall include a term of three years from the date on which the sentence was executed or since the deadline to file defenses.
Regarding the procedural, it runs from the date on which the sentence was executed or since the deadline to file defenses up before the auction of assets. If you are movable, even before the goods auctioneer. If you are real estate, until minutes before the auction.
c. – From the joinder or records, this will always result to be processed separately two or more processes that must be a just trial and end with a single sentence, to maintain continence, or unit of the cause.
Proceedings:
1 .- When the action or actions filed in court are the same as been deducted in another, or when one and the other arising directly and immediately from the same facts.
2 .- When people and the object or subject of the trials are identical, although the actions are different.
3 .- In general, provided that the sentence to be handed a trial should produce the exception of CJ in another.
d. – The judicial privilege of poverty: This may be requested at any stage of the trial and even before its initiation, and should always be asked the court to the appropriate or only know in the first instance of the case which is to take effect.
Be processed in a separate file the request and expressed the reasons therefor. The court will not give information to credit, with only the citation of the party against whom the litigated or has the privilege of litigating
e .- In the legal costs and personal:
The costs are divided into procedural and personal.
Process are those incurred in the formation of the process and it is for services estimated in court fees. Ex receivers.
The personal are from the fees of lawyers and other persons involved in business and public defenders in the case of art.367 of the COT. The fee is regulated belong to the party in whose favor the condemnation was decreed to pay the costs, but if the lawyer received for any reason, shall be charged which has been provided or to be entitled. Only legal costs shall be charged useful, eliminating those that correspond to prosecution or proceedings unnecessary or unauthorized by law, and the actions or incidents awarded against the other party. The trial court in each instance, regulate the value of personal and also assess the process under the Tariff Act. This feature may delegate one of its members, if a college, and his secretary for legal costs. Taxation of costs made, and made known to the parties, it shall be approved if they all set out within three days. If any party raises objections, the court may resolve or give them flat on incidental processing.
The party is completely defeated in a trial or an incident, be ordered to pay the costs.
f .- In the questions of jurisdiction. Inhibitory Pleas.
Can parts of any trial issues incompetence promote demurrer or inhibitory.
These two procedural mechanisms are similar claim incompetence as to their purpose: They disputed the court, but differ in their processing: an incompetent court and the other with the competent court to believe.
The inhibitory: it attempts to court to whom authority is created, asking you to contact the business that is considering to be inhibited and will refer the case. If the appellant seeks to prove his right to documents must accompany the application for injunction, or order for her testimony.
A demurrer, alleging in court who is believed no jurisdiction over a business that is subject indicating which is estimated to be responsible and asking him to refrain from such knowledge.
g. – The implications and challenges
The implication statement or challenge when you have to be founded on legal grounds should be sought before any fund management which is relevant to the business, or before they begin to act the person against whom it is addressed, provided that the alleged cause there already and be known to the party.
If the cause is greater than or has not come to the attention of the party, should propose as soon as you have heard of it. Not support this request, the request is rejected unless it is an implication. In this case, the court may impose on the party who maliciously claim has delayed the implication, a fine.
The implication of a judge of a single judge is invoked before himself, expressing the legal grounds on which it rests and the facts and fundamental approaches, accompanying or providing the necessary evidence and asking him to disqualify himself from knowledge of the business.
The disqualification of judges sole proprietorships and the implications and disqualification of judges are enforced collegiate court that, by law, should be aware of these incidents.
The implication and challenge of lower-level officials claimed in court that the business know that those have to intervene, and if further proceedings are supported when they need based on legal grounds.
If the alleged cause is not legal or not are the facts on which it is, or if they are not adequately specified, the court dismisses the application of course. If not quite the causal states, and whether the facts on which it is comprised of court or are accompanied by background or automatically send the court added, is declared without further ado, the implication or objection.
If the implication or objection are rejected are for costs to which the request and has imposed a fine.
If more than 10 working days and the incident paralyzing the court officially declared abandoned, citing the party claimed the implication or objection.

Pre-trial Measures
Concept: legal acts are pre-trial proceedings, which are intended to prepare the entry to it, ensure accountability of any evidence that could disappear, or rather to ensure the very result of future claims.
He who tries to obtain a preliminary measure should indicate the action that aims to derive and briefly its basics. Article 287. In this way, is of the measures referred to some guarantee of reliability. Generally referred measures are granted without hearing the party against which they are requested, so that the court granted or denied depending on the application of the calls.
Exceptions to this rule
1 .- When asked adversely personal inspection of the court-appointed experts report the same court or certificate certifying officer, if there is imminent danger of harm or injury, or when the facts that could easily disappear, should be prior knowledge to the person to whom it is to sue. Section 281, and
2 .- knowledge should also be given to the person to whom it is to sue when requested before the application, the examination of those witnesses whose testimony, because of serious disabilities, has founded fear that may not be received timely. Article 286.
Features
1 .- The prosecution requested and was enacted before the existence of the trial, not a trial itself, and that the trial will occur usually when there is a caused by a procedural relationship with its respective demand the respondent site .
2 .- The general application in any kind of trial. While they are regulated under the ordinary trial, has ruled repeatedly that are generally applicable to all judgments declaratory or constitutive. Regarding the trial executives discussed whether or not from the preliminary precautionary measures.
3 .- No notification required under Article 289, to produce effects, one of the exceptions to Article 38 of CPC.
Rating:
1 .- Pre-trial Measures such or preparatory itself: its purpose is to prepare for entry to the trial. They are referred to in Article 273 (read)
The owner of these measures is the applicant’s future, however the future defendant can not claim these preliminary measures, except that referred to in item 5 of Article 273 of CPC.
2 .- Measures evidentiary rulings are those which are intended to produce evidence in advance of the trial, there were substantial fears that disappear. This law assists both the complainant and the respondent.
These measures are regulated evidentiary in Articles 281, 284 and 286 of the CPC.
These measures are not applied 289, as it necessarily must be conducted prior knowledge of the party (applicant or prospective future defendant).
Evidentiary rulings measures established by the legislature are:
a. – Inspection court staff
b. – Report of experts
c. – Certificate of minister of faith.
In these three measures, the legislature has required that there is an imminent danger of loss or damage or when the facts that can easily disappear
d. – Acquittal of positions. To be able to enact this measure should be a good reason to fear that a person is absent from the country in a short time.
e. – Witnesses to enact this measure of proof must be well-founded fear that the testimony of the witnesses can not be received timely.
These measures may be requested evidentiary rulings by both the applicant and the future future defendant.
3 .- preliminary precautionary measures are those which are intended to ensure the outcome of the claim procedure
These measures are regulated in Articles 279 and 280 in connection with Title V of Book II, Articles 290 to 302 all of the CPC. Before considering such measures will first show the precautionary measures.
Precautionary Measures
Concept: Are all those that are designed to ensure the outcome of the action.
The are precautionary measures that can be ordered before or during the course of the trial, but are independent of him and handled as incidents of the same or as preliminary steps.
Purpose:
The legislature has created this institution to prevent circumvention of the outcome of the trial or mock compliance with the ruling.
Features:
1 .- can be ordered in any kind of trial and whatever the procedure is subjected, even in the executive.
2 .- It is limited to the assets needed to respond to the findings of the trial.
3 .- To request an injunction need not have answered the demand is present.
4 .- To declare a precautionary measure, the applicant must accompany receipts that constitute at least a serious presumption of the right being claimed. Article 298
5 .- They are essentially temporary, in the words of art. 301. Therefore must be constantly disappear if the danger has sought to avoid or give sufficient security.
6 .- The list of precautionary measures that make the art. Is not exhaustive-290
Rating:
Common: they are referred to in Article 290 and are of general application.
Precautionary measures listed in Art. 290 of CPC
1 .- The kidnapping of a thing that is the subject of the claim.
2 .- The appointment of one or more inspectors.
3 .- The retention of certain goods
4 .- The ban on acts or contracts for certain goods.
Special: are established in special laws or other articles of the Code (eg, art. 565, suspension of new work, Article 684, which refers to access to the provisional application in a summary trial, etc)
Extraordinary: they are referred to in Article 298 and second part is the court that the decree as it deems necessary and in the case of measures not expressly established by law and requiring bail to the actor.
Processing
It must file written in compliance with the requirements common to all writing I should be individualized to the plaintiff and defendant in the trial, specifying the precautionary measure requested, whether ordinary, extraordinary or special, shall determine the property on which lie the precautionary measure requested, must accompany the receipts that constitute at least a serious presumption of the right claimed, unless it is a serious and urgent case and must also meet the specific requirements of every precautionary measure. If precautionary measures are extraordinary, the court may also require bond.
Submitted the written protest, the court must conduct a study to determine its admissibility.
Grant procedure.
The majority opinion holds that must be solved outright. Opposition to the measure granted can lead to an incident, but if not exercised any rights against the resolution that gives no place to incident. Requested a precaution, the judge will only be granted or denied, but not to refer to the party.
Nature of Resolution and Resources.
According to art. 158 of the CPC’s resolution to be spoken is a car, being essentially revocable precautionary measures and provisional special.
Being a car, it came against the internal appeals and appeals and grant.
Of the opposition, revocation and hoist Precautionary
Opposition of the incident
As ordered, the defendant may object in two ways:
a. – seeking reconsideration and appealing car allowance applicable, within five days of notification. The replacement should fail outright.
b. – can oppose the measure after the deadline above, alleging the illegality of the measure and calling for rescission of the car.
Rise
As all these precautionary measures are essentially temporary, must be constantly disappears if the danger has sought to avoid or give sufficient security.
The processing of the request for the uprising, are subject to the rules of the overall incident.
The resolution is silent on the rise, it is also a car, the appeal is granted in the sole purposes of review. Then, however the applicant appealed, and watch the action, the measure should be lifted.
Of lapse
This is given in the following cases:
If not accompanied by supporting documentation, within 10 days, measure expires.
Attaching receipts if requested not to renew the injunction.
If an injunction is ordered without notice and it is not made within 5 days.
The court may extend the period of 5 days, for good reason. This extension must be requested prior to maturity, this term includes the art. 302 of the CPC is fatal, but renewable.

Prejudicial Precautionary Measures
Legal acts are pre-trial process is to ensure the outcome of the claim which will be enforced in the future.
General requirements:
1.-Common to the writings.
2 .- A statement of the proposed action and briefly derive their foundations, and
3 .- Side receipts constitute at least a serious presumption of the right being claimed
Specific to such precautionary measures referred
1 .- That there are serious and qualified.
2 .- To determine the amount of goods that must fall on precautionary measures.
3 .- not give sufficient bond or other security, in the opinion of the court, to answer for damages arising and fines imposed.
These three conditions are copulative.
Failure to meet these requirements should be discarded by the court, on the contrary, if one accepts the preliminary precautionary measures can be enforced immediately be ordered without a hearing because the future defendant.
That it the legislature in Article 280 of the CPC has established that the applicant must file suit within 10 days extendable to 30 days and ordered on demand which is maintained as a precautionary measure ordered.
If demand does not occur within the measure expires.
It may happen that filing the request to keep the measure, but the court considers the analysis stage that does not keep the measure ordered. In the latter case by the mere fact of the refusal the applicant will be responsible for damages caused intentional considering the procedure, creating liability.