Possessory Actions and Arbitration: Legal Procedures
Possessory Actions and Injunctions
Possession or Injunction Lawsuits: The purpose of this injunction is the preservation or recovery of real property or real rights. Declaratory judgments of the case are brief and focused. In order to derive the possessory action, it requires that possession has been interrupted in a quiet manner for at least one year. Even the mere holder may also require action, but this must have been carried out through violent dispossession, in which the limitation to this fact is one year. How is possession proven? Through the inscription in the conservative real estate registry, and if not enrolled, possession shall be given through good deeds.
Types of Complaints
A) Possessory Amparo Complaint: An injunction whereby a possessor who has been molested in their possession uses the court to grant them security against the damage they fear.
General Requirements for the Amparo Complaint:
- The actor has been in peaceful and uninterrupted possession for one year.
- Their possession has been disturbed by acts which should be expressed clearly.
- Specify the measures to be granted to them.
Possessory Complaint Processing: The parties are summoned to a hearing on the fifth working day after notification of the sued. It is a concentrated verbal procedure. The court will hear the case and issue a sentence immediately, which should be issued within three days.
B) Complaint for Restitution: Refers to the person who has been deprived of their possession and intends to recover it. The processing requirements are the same as the possessory suit for protection.
C) Complaint of Restoration: Here, the legislature not only protects the holder but also the simple possessor. Unlike other possessory actions, here it is necessary to prove the violence that has stripped mere possession or ownership that is to be restored.
D) Withdrawal of New Construction: Seeks an immediate suspension of all new construction that is or could be a prejudice or harm to the actor.
Complaint Handling of New Construction:
Presented the complaint, the judge asks for the temporary suspension of work by a minister of faith and orders the citation of the complainant or accused to a hearing on the fifth working day after notification of the defendant. The resolution must also be notified to the person executing the work if it is a person other than the defendant. The judge may order the maintenance of the suspension of construction or lift it, or reject the complaint and may order the demolition. This ruling is appealable.
E) Withdrawal of Ruinous Work: This injunction seeks the destruction or amendment of a dangerous or dilapidated structure or the removal of a tree that is about to fall. The demand and handling are the same as the complaint of new work.
Arbitration Trials
The arbitrators are judges appointed by the parties, by law, or by the deceased. There are three categories:
A) Referees of Law: These process and rule according to the law, replacing the ordinary courts.
B) Referees of Equity: According to those rules given by the parties or the grant procedure code.
C) Mixed Referees: Those processed as arbitrators and rule according to the law.
Arbitration is not applicable in criminal matters, family, juvenile, and work cases. The arbitrator must honor their commitment in the shortest time possible, and if not, before two years, the arbitration ends. The notices in these trials must be made in person or by ballot, but in no case is there daily status notification. If more than two referees do not agree in their opinions, this has no effect. The Arbitrators have no rule, and therefore, the decisions ordering the eviction of a building or the summoning of witnesses who have not voluntarily attended the court must be satisfied by the ordinary courts.
Award and Ordenata
Award: A decision rendered by a court in deciding the merits of the business, dealing with actions and exceptions.
Ordenata Liquidation: This is a sentence in which numerical calculations are necessary for such distribution.
Treasury Trials
Those in which the Treasury has a pecuniary interest. The procedure is written and follows the regular amount, but without the formalities of written submissions.