SAN JUAN BAUTISTA PRIVATE UNIVERSITY

FACULTY: LAW

THE JURISDICTION

PRESENTED BY:

ANGELA MARIA MOREYRA QUISPE

TEACHER:

DR. ANA ROSA GORDILLO RIOS

ICA 2021
DEDICATION:

To our family, that every day

It inspires us to continue to excel.

2
 INDEX

1.- Concepts and definitions of jurisdiction

2.- Difference between jurisdictional function and jurisdictional act

3.- Requirements for the exercise of jurisdiction

4.- Powers of the jurisdiction.

5.- Elements of jurisdiction

7.- Characters of the jurisdiction

8.- Phases of jurisdiction.

9.- Limits of jurisdiction

10.- Purpose of the jurisdiction

11.- Jurisdiction classes

13.- Principles of jurisdiction

15.- Right to effective judicial protection

17.- the competition

3
Concepts:

18. - Objective competition for the subject

general competence

specialized competence

20. Principle of legality and inalienability of competition

Undele gability of the competition

Determination of competition

21.- Competence by subject

22.- Competition by amount

24.- Calculation of the amount

Lawsuit against natural person

26.- Optional jurisdictions.

27.- Determination of functional competence.

28.- differences between jurisdiction and jurisdiction

29.- Conclusions.

4
Introduction

Jurisdiction and jurisdiction are two terms common to both Civil Law and Common
Law, and despite being different, they are often confused. In the Anglo-Saxon system,
the word competence is polysemic in nature and can also refer to what we know as
capacity.

Located within the scope of the sequential study of the Peruvian civil process, the
Jurisdiction is vitally important to determine the systematic nature of the function of
administering justice, this procedural legal activity in our country is entrusted to the
Judicial Power, for which it is studied in First, because without a Jurisdictional Body
there is no judicial process, that is to say, without a Judge there is no judicial process;
The Judge is the representative of the Jurisdiction and the Jurisdiction is the State,
which in turn is the latter, we the people.

Traditionally the concepts of jurisdiction and competence were treated as synonyms.

Today it is conceived that competition is a measure of jurisdiction. All judges have
jurisdiction, but not all have jurisdiction to hear a certain matter. A competent judge is,
at the same time, a judge with jurisdiction; but an incompetent judge is a judge with
jurisdiction but without competence

With great pleasure we want to share the subject of jurisdiction and competence since
perhaps not many times there is awareness, and we say it at the student level of the vital
importance that jurisdiction fulfills, in summary we could say that jurisdiction is the
heart of any process. civil or criminal.

5
 Jurisdiction

1.- CONCEPT:

In its broadest or generic aspect, jurisdiction includes the power to administer justice:
that is, the power to declare the right and the power to apply the law.

Juan MONROY GÁLVEZ says: "It is the duty of the State to solve a conflict of interest
or legal uncertainties, exclusively and definitively, through the specialized bodies that
apply the law that corresponds to the specific case, using its empire so that its decisions
are carried out in an unavoidable manner and promoting through them the achievement
of a society with social peace in justice ".

Víctor TICONA POSTIGO says: "Jurisdiction is the attribution and duty conferred on
the jurisdictional body by the people through the State, to administer justice by
resolving conflicts of interest and legal uncertainties.

Andrés CANSAYA M., in his Separate of Civil Procedural Law of the UANCV Faculty
of Sciences and Law and Politics, says that as a result of the analysis of the
aforementioned definitions, the definition is shared that:

6
  JURISDICTION IS THE GENERIC POWER TO ADMINISTER JUSTICE,
WHOSE FUNCTION IS EXCLUSIVELY CORRESPONDING TO THE
STATE. We say that jurisdiction is the generic power to administer justice,
because the jurisdictional act or the act of resolving conflicts with justice is
common to the jurisdictional bodies that administer justice; In other words, all
judges are empowered and have the power to administer justice, but that act of
administering justice is limited to each judge for reasons of competence. The
proceduralists also comment that the State is not only in charge of the
jurisdictional function, but also is in charge of the legislative and executive or
administrative function as an expression of sovereignty, but what interests us
for our study is the function of the administration of justice that is materialized
in the jurisdiction. Jurisdiction is the duty of the Judiciary to administer justice.
Jurisdiction in the broad sense is the Public activity of the State destined to
resolve conflicts in general, both judicial and administrative, etc. It is the power
to administer justice; as the power to declare the right and apply the law.
Jurisdiction is the power of the judicial authority to administer justice. Power to
do justice, declare the right and apply the law.

2.- DIFFERENCE BETWEEN JURISDICTIONAL FUNCTION,

JURISDICTIONAL ACT

 - Jurisdictional function. Attribution of state power to validly and definitively

resolve social conflicts.
 - Jurisdictional act. Declare the right for a specific case as res judicata and
with the possibility of executing such decision (administrative act, thing
decided).

3. REQUIREMENTS FOR THE EXERCISE OF JURISDICTION

 When studying this topic, different authors develop them under different names:
What are the requirements of the jurisdiction? What are the Jurisdiction
Budgets? All these questions are synonymous with this topic, and having
scrutinized the various concepts and definitions, it is determined that for the
exercise of jurisdiction by the Jurisdictional Bodies (Magistrates: competent

7
 Judges) the participation of the following requirements is necessary and
essential:Debe existir un conflicto de intereses entre las partes o una
incertidumbre.

In other words, the need to give legitimacy to an act that can only be achieved through
the intervention of the jurisdictional body. The existence of a legal conflict of interest
that may be between the parties:

Plaintiff and defendant claim to own a vehicle; This request can only be resolved with
the intervention of the court; or maybe there is a LEGAL UNCERTAINTY.

A possessor of a property for many years does not have documents that prove their
ownership, so they appeal to the court in order to eliminate their uncertainty by granting
the judge through a sentence their respective property document, this process is called
Acquisitive Prescription of Domain .

• There must be social interest in the composition or solution of the Litis.

The solution of a conflict of interest or a legal uncertainty is not only a private benefit
but is also of public and abstract necessity, that is, it also benefits the entire community,
because one less process has been reduced in society, there is one or more litigant
without trial.

The Existence of social interest, in the composition of the litigation or the elimination of
legal uncertainty benefits the particular person of the process and others who live in
society, this because our procedural Systematics has adopted a mixed system of the
purpose of the process, it is say that it has adopted both the private and advertising
system).

• The State must intervene through the competent or corresponding body, as an

impartial entity.

It is the intervention of the competent, fair and impartial judge who applies the law.

• The specific will of the Law must be acted upon and applied.

8
The Judge, when evaluating the evidence and having achieved its respective purpose,
must act and apply the norm, the law, the substantive article or the corresponding
material that protects the law.

4. POWERS OF JURISDICTION:
Also called "Powers emanating from the Jurisdiction". Some authors like Felipe Ñaupa
state that:
The jurisdiction consisting of the power to resolve conflicts and to execute the
judgments issued therein, this supposes the existence of indispensable powers for the
performance of the function. These powers are: Notio, Vocatio, Coertio, Juditio,
Executio Share this same opinion Andrés CANSAYA.
According to modern doctrine, they are not Powers but "Elements", the same ones that
we will develop later.
But Modernly the following are affirmed:
• Power of instrumentation or documentation.- "Power of Documentation or
Investigation". It consists of the power to give the category of authentic instruments to
the procedural actions in which the court intervenes.
• Power of coercion. - Power to impose constraints, fines, sanctions in general to those
who intervene in the process.
• Power of decision. It is expressed in two planes:
• Formal or Extrinsic level- Jurisdictional resolutions must have a formal rigor.
• Material or Intrinsic Plane. Final resolution sentence consists of an act of authority
whose elements are judgment and a mandate.
• Power of execution. Faculty of the Judge to execute the final decisions.
5.- ELEMENTS OF JURISDICTION
The jurisdiction has different elements so Eduardo J. Couture considers three (03)
elements: Form, Content and Function.

Form of jurisdiction: Refers to the external elements of the jurisdictional act, which
are constituted by the presence of the parties, the judges and the procedures established
by law.

Jurisdiction content: This is constituted by the presence of a conflict of legal

relevance, which must be settled by an impartial third party called a judge, through a
"sentencing" decision with res judicata authority.

Jurisdiction's role: This element is formed mainly by the task of the court, which is to
ensure social peace, justice and other legal values, through the eventual enforcement of
the law.

9
  Traditionally, five (05) elements or components have been attributed to the
jurisdiction, including Hugo Alsina: namely: Notio, Vocatio, Coertio, Judicium
and Executio.
 • Notio.- Faculty of knowledge or know a certain matter. That, comes to
constitute the right to know a certain litigious question, that is presented to him
or that is imposed or submitted to the judge's knowledge.
 The power of the "Notio" faculty of the judge to know the question or action that
is raised. By this power of the Judge it is necessary to see if he is competent to
know, if the parties have procedural capacity, and means of proof
 Knowledge of certain issues.
 It is the ability of the judge to hear the litigation, to examine the proposed case
and decide whether or not he has jurisdiction. As Florencio Mixan Mass says, it
is "in-depth knowledge of the object of the procedure."
 • Vocatio. - Power to order the appearance of the litigating parties or third
parties.
 Call the parties before him. It is the faculty or power that the magistrate (judge)
has to oblige one or both parties to appear at the process within the term
established by our adjective rule; This is necessarily done by means of THE
NOTIFICATION or valid summons, that is to say that said procedural legal act
must comply with certain formalities, established solemnities; In conclusion, it
is the power to order the appearance or arrest (capture) of any of the parties.
 • Coertio.- Power to use coercive means; power of the means necessary to carry
out their mandates. It consists of making effective the Warnings (constraints)
ordered or the use of force to comply with the measures ordered within the
process in order to make its development possible and that can be on people or
goods.
 • Iudicium.- Power to resolve. Faculty of sentencing. More than a power, it is a
duty that the court has to issue final decisions that concluyan el proceso:
sentencias de mérito. Poniendo fin de esta manera al litigio con carácter
definitivo, es decir con el efecto de cosa juzgada.

• Executio.- Carry out their own resolutions. Power to enforce final resolutions. It
consists of enforcing what was sentenced or failed bone, enforcing the execution of

10
judicial decisions through the aid of the public force, or through the path of the judge
who issued the sentence or resolution.

Powers have currently been systematized, such as decision-making and enforcement

powers relating to the act itself; as well as documentation and coercion, which remove
an obstacle that opposes compliance with the decision or jurisdictional ruling.

.6. CARACTERES DE LA JURISDICCIÓN

 It is a Procedural Budget.- It is an indispensable requirement of the process,

since it is the jurisdictional body that cannot be postponed in the procedural
legal relationship, the omission of the jurisdictional body in the indicated
relationship leads to the non-existence of the civil process.
The Jurisdiction constitutes a procedural budget, that is, a condition of
legitimacy of the process, since without the intervention of the Jurisdictional
body there is no process.
 It is eminently Public.- because the jurisdiction is part of the sovereignty of the
State, to which all national and foreign people-citizens can resort without any
distinction, or discrimination of race, religion, language, economy, politics, age,
sex, etc.; In other words, it is at the service of the general public.
It has an eminent public character, as part of the sovereignty of the State and all
citizens can go to it without any distinction.
 It is a State Monopoly.- because the State cannot delegate or share its
jurisdictional functions with individuals.
 It cannot be delegated.- that is, the judge predetermined by law cannot excuse
himself or herself from administering justice and therefore delegate the exercise
of the jurisdictional function to other personnel.
 It is exclusive to criminal jurisdictional bodies.- who are the only ones who
can resolve conflicts through an established process and applying the pertinent
legal norm. For the fulfillment of its functions and its resoluciones están
facultados para recurrir a los medios coercitivos establecidos en la Constitución
y a las leyes procesales.
 It is an Autonomous function.- Because the function of administering justice
is not subject to the control of other powers, or public or private institutions,

11
 when issuing their decisions they are carried out without interference or opinion
from other people}
In the sense that it is not subject to the control of other powers even when it is
harmoniously linked to the other functions of the State.

7. FASES DE LA JURISDICCIÓN.

The proceduralists consider two (02):

 Cognition or knowledge phase. - Which includes from the claim until it

declares, constitutes or condemns in the sentence that is consented or
enforceable in its case.
 Execution of the sentence. - which includes acts subsequent to the completion
of the first phase until the sentence is enforced.

Among us, although the current procedural order does not exist systematization that
demarcate the difference between these two phases, the title in which the appeals end
are considered the execution of the sentences.

8. LIMITS OF JURISDICTION

It reaches the entire sovereignty of the Peruvian State. In addition, the jurisdiction has
its limits regarding the territory and people who escape its action, such as the case of
non-application of foreign law, case of application of Private International Law, cases of
parliamentary immunity.

The limit of the Jurisdiction extends to the entire national territory, it can exceptionally
be extended to other countries where Peru has its embassies or consulates, since said
property is considered as part of the Peruvian territory, therefore it is inviolable by the
State in which is located.

9. PURPOSE OF JURISDICTION:

12
At the level of degree of professional sufficiency, it is known among the Juries as "end
of jurisdiction". For Mario ALZAMORA VALDEZ in his work Civil procedural law,
he says that the purpose of jurisdiction is of a public nature, which consists in "saying
the right" and cites as CARNELUTTI's opinion that the purpose of the jurisdictional act
is to resolve the conflicts that arise. between individuals, through a special body of the
State, which pursues the action of law.

For us, it is "saying the right to achieve justice."

10. KINDS OF JURISDICTION:

The Constitution in art. 139 Section 1 establishes: The unity and exclusivity of the
jurisdictional function. There is and cannot be established any independent jurisdiction
(that is, the jurisdictional function is exclusive to the State as an institution, which is
bound by the rule of law and social peace with the exception of the MILITARY and the
ARBITRAL.

• For the subject in:

 Civil Jurisdiction.- Set of courts with full jurisdiction; this gives them the
power to judge disputes between persons not subject to exceptional jurisdictions.
 Military Jurisdiction.- Also called military or war jurisdiction, it is the power
vested in the military judges and courts that, although not part of the Judicial
Power, constitutes a real jurisdiction to hear the causes that are raised against the
individuals of the Armed Forces and the National Police and also persons
subject to jurisdiction for the commission of typically military crimes.

Strictly speaking, the military jurisdiction would not be determined by the body
(Military Privative Jurisdiction), but by the military matter that is aired or is involved.
Under this criterion in our legal system, the military jurisdiction strictu sensu is held by
the military jurisdiction; But it could also be argued that the common jurisdiction would
eventually exercise military jurisdiction when solving procedural problems (conflicts of
jurisdiction) or substantive aspects (cassation); that is, the power to review the
resolutions resolved by the highest degree of the military judiciary: the Supreme
Council of Justice.

13
 • Arbitral Jurisdiction.- It is that jurisdiction that those who submit must
previously renounce civil jurisdiction, by express document; then they are
submitted to the regular procedure established by the ARBITRATOR, appointed
by both parties, with respect to events of a patrimonial nature or freely available,
their resolutions have the quality of Judged thing, also called arbitration awards.

• Ordinary or Common Jurisdiction.- That corresponds to the Judicial Power.

11.-SPECIAL JURISDICTION

That corresponds to the constitutional bodies such as the National Elections

Jury, the Constitutional Court. More debatable would be the military one, since
some assumptions can be reached in the Supreme court (ordinary jurisdiction).

12. PRINCIPLES OF JURISDICTION

The fundamental principles of jurisdiction are:

a) Independence, art. 139 Inc. 2 of the Magna Carta.

Independence in the exercise of the jurisdictional function. No authority can
address pending cases before the court or interfere in the exercise of its
functions. Nor can it annul resolutions that have passed in res judicata
authority, or cut pending procedures, or modify sentences or delay their
execution. These provisions do not affect the right of grace or the
investigative power of Congress, the exercise of which should not, however,
interfere in the jurisdictional procedure or have any jurisdictional effect.

b) unity and

c) Exclusivity, that is, there is no jurisdiction by commission or delegation.

13. THE PRINCIPLES OF THE JURISDICTIONAL FUNCTION ARE:

a) Preservation of the rights of action and contradiction.

b) Motivation of resolutions..

c) Gratuity of the administration of justice.

14
 d) Prohibition of exercising judicial function without appointment. That is to
say, it is fulfilled only by whoever invests it.

e) Attention to the resources of constitutional guarantees.

f) Presumption of innocence as long as guilt is not proven, public trial, guarantee

of defense.

g) Administer justice by applying the law.

h) Respect for human dignity.

i) Attention to appeals.

j) Resolve the causes as res judicata.

k) Obligation of the executive branch to provide collaboration

that the processes are required.

14. THE PRINCIPLES OF THE EXERCISE OF JURISDICTION ARE:

a) Do not stop administering justice due to emptiness or deficiency of the law.

b) Inapplicability by analogy of criminal law.

c) Not to be punished without judicial process (or sentenced).

d) Application of the most favorable law to the accused in case of doubt or

criminal conflicts.

e) Not convicted in absentia.

f) Prohibition of reviving dead processes

g) Preservation of individual freedom.

h) Composition of the process.i) Motivación de las resoluciones judiciales.

15
15. JURISDICTIONAL BODIES OF THE JUDICIARY

The jurisdictional bodies are: The Supreme Court of Justice and the other Courts and
Courts determined by its Organic Law.

to. The Supreme Court of Justice of the Republic.

b. The Superior Courts of Justice in the respective Judicial Districts.

c. The Specialized and Mixed Courts, in the respective provinces.

d. The Law Courts of the Peace, in the city or town of its headquarters.

and. The Courts of the Peace.

16. RIGHT TO EFFECTIVE JUDICIAL PROTECTION

This right has Constitutional rank since art. 139 of our Constitutional Charter
establishes that: everyone has the right to judicial protection. Art. 1 of the Preliminary
Title of the Civil Procedure Code states: Every person has the right to effective judicial
protection for the exercise or defense of his rights or interests, subject to due process ".

In this regard, Juan MONROY G. considers it as: Subjective Public Law, by which
every person by the simple fact of being one is empowered to demand full legal
protection from the State acting its jurisdictional function and it manifests itself in two
ways: The Right of action and The Right of Contradiction.

It is the right to appeal to the court requesting the solution to an intersubjective conflict
of interest or to a legal uncertainty. This right allows one individual to appeal to the
court and gives the other the right of contradiction (Ana).

The right to effective judicial protection is inherent to every person by the mere fact of
being one. It constitutes the more concrete manifestation of why the jurisdictional
function It is, in addition to a power of attorney, a duty of the State, as it cannot excuse
itself from granting legal protection to anyone who requests it.

16
17. THE COMPETITION.

Concepts

Traditionally the concepts of jurisdiction and competence were treated as synonyms.

Today it is conceived that competition is a measure of jurisdiction.

All judges have jurisdiction, but not all have jurisdiction to hear a certain matter. A
competent judge is, at the same time, a judge with jurisdiction;

but an incompetent judge is a judge with jurisdiction, but without jurisdiction. (Ledesma
Narváez, 2008, p. 96)

Jurisdiction involves declaring the right, that is, resolving conflicts of interest with legal
relevance. In that sense, jurisdiction is common to all judges. On the other hand, when
we speak of competition, we refer to the aptitude or suitability of the judges to be in
charge of solving certain types of issues based on certain criteria.

Giovanni Priori defines jurisdiction as the ability of a judge to validly exercise

jurisdictional power. Said aptitude is defined by virtue of certain areas that the law is in
charge of establishing. In this way, competition is an assumption of validity of the
procedural legal relationship. As a logical consequence of the foregoing, any act
performed by an incompetent judge will be void. (2004, p. 39)

According to Gonzáles Álvarez, the principles of division of labor and division of

power inform the distribution of the functional work of jurisdiction through many
jurisdictional bodies; This being the case, the organic functionality of the Judiciary
through these many judges is distributed or distributed according to several factors,
which does not mean that the jurisdiction is distributed or distributed, it remains,
always, only one. (2016, p. 173)

Objective competition for the subject. It is classified according to the nature of the
conflict under discussion. This leads us to distinguish between civil, labor, criminal, etc.
competition. The rule, in an exclusive way, considers the jurisdiction of the civil judge

17
all that matter that is not attributed to know other judges. competition, we can
distinguish between general or ordinary competition bodies and specialized competition
bodies. (Ledesma Narváez, 2008, p. 97) The matter would then become the subject, the
area or sub-area of the law on which it corresponds to declare the right to the judge, that
is, a controversy with legal relevance that must be resolved by the judge.

Competence of a general nature.- entrusts to the civil judge the knowledge of all the
matters that arise, in such a way that the generality implies vis attractive on the matters
not attributed expressly and specifically to other courts, hence what is indicated by the
norm is justified in comment: "it corresponds to the civil courts the knowledge of
everything that is not attributed by law to other courts." (Idem)

Specialized jurisdiction: It is said that the complexities of legal knowledge highlight

the need to specialize courts. This specialization consists of the attribution of
competence according to branches or sectors of the legal system, and in that order of
ideas we find the contentious-administrative, provisional, civil, criminal, family and
labor courts. There are judicial bodies of special competence and it is carried out in
relation to groups of specific matters and even with respect to groups of people, as
would be the case of courts in commercial matters and courts in family matters, for
minor offenders and minors in guardianship. (Ibid., Pp. 97-98)

18. PRINCIPLE OF LEGALITY AND INALIENABILITY OF COMPETITION

According to the Civil Procedure Code, Article 6.- Principle of legality and
inalienability of competition, we have to: Competition can only be established by law.

Civil jurisdiction cannot be waived or modified, except in those cases expressly

provided for in the law or in the respective international agreements.

19. INELIGIBILITY OF COMPETITION

18
In accordance with the Civil Procedure Code, Article 7.- Undelegability of jurisdiction,
we have to: No Civil Judge can delegate to another the jurisdiction that the law
attributes to him. However, he can commission another to carry out judicial proceedings
outside his territorial jurisdiction.

20. DETERMINATION OF COMPETITION

According to the Civil Procedure Code Article 8.- Determination of jurisdiction we

have to: The jurisdiction is determined by the factual situation existing at the time of
filing the claim or request and may not be modified by changes in fact or of rights that
occur subsequently, unless the law expressly provides otherwise.

21. COMPETENCE BY SUBJECT

According to the Civil Procedure Code, Article 9.- Competence by subject we have to:
Competence by reason of the subject is determined by the nature of the claim and by the
legal provisions that regulate it.

Jurisdiction is unique and identical, but not every body in charge of this function can
exercise it indistinctly with respect to any matter and place. Reasons of public and
private interest have led the State to set limits to the exercise of jurisdictional power,
delimiting it by means of the competence that it assigns, through the law, to all levels of
judges. As Oderigo points out, "jurisdiction represents the function of applying the law,
while jurisdiction is the legal capacity to exercise said function in relation to a given
matter." (Ledesma Narváez, 2008, p. 106)

The criteria used to define this aptitude are diverse. To cite, Carnelutti classifies them as
objective, subjective, territorial and functional- The rule in comment is located
according to this classification in objective competition, also called competition by
reason of the litigation or according to the matter. It has as its reference the nature of the
conflict, that is, it attends to the way of being of the litigation, in such a way that it
allows us talk about criminal, civil, labor, administrative, tax disputes, etc. (Ledesma
Narváez, 2008, p. 106)

19
See on material competition, Cassation 3166-2000-Lima, dated February 23, 2001, in
those followed by Minaya Castillo with Minera Huaron S.A. about compensation:

Faced with the damages suffered by the actor in the framework of a contractual
relationship between him, in his capacity as a worker, and the mining company cited as
employer, the Supreme Court has specified that silicosis is a disease of the activity
mining, so that any employment contract for such activity must assume the risk that this
disease entails, therefore, it is appropriate to exercise the right to compensation before
the labor judge and not the civil one. (Ledesma Narváez, 2008, p. 106)

In the aforementioned Cassation we can warn that there has been damage in the
framework of a contractual relationship so that prima facie one might think that the
matter on which the conflict will revolve will be civil. However, if a finer analysis is
made, one concludes that it is not a civil contractual relationship but a labor one and the
damage inflicted is not just any one but the product of an occupational disease
(silicosis), so it is a case of civil liability derived from occupational disease.

22. COMPETENCIA POR CUANTÍA: According to the Civil Procedure Code,

Article 10.- Competition by amount, we have to: The competition by reason of the
amount is determined according to the economic value of the request according to the
following rules:

1.- In accordance with what is stated in the claim, without admitting opposition to the
defendant, unless otherwise provided by law; Y

2.- If it appears from the application or its annexes that the amount is different from that
indicated by the plaintiff, the Judge, ex officio, will make the corresponding correction
and, if applicable, will deny its knowledge and send it to the Competent judge.The cost
of the process determines the importance of the litigation and this influences not only
the procedural form that is assigned to it (summary, abbreviated process, etc.), but also
on the judicial body that must hear the claim (justice of the peace, lawyer and judge of
first instance), for this reason Carnelutti considered the amount as a decisive factor to
delimit not only objective but functional jurisdiction, because the amount of the claim
determines whether it is assigned to the higher or lower hierarchical judicial body.

20
(Ledesma Narváez, 2008, p. 110) Indeed, in cognition actions (knowledge process,
abbreviated and summary), one of the criteria to establish in which way the conflict will
be ventilated is the amount of the controversy. Carnelutti affirms that there must be a
relationship between the importance of the litigation and the effort required for its
composition. The doctrine maintains that it is convenient for minor conflicts to be heard
by lower hierarchical courts and by a simpler process; However, this criterion is
questioned because it does not respond to an authentic democratization of justice.
(Ledesma Narváez, 2008, pp. 110-111) The measurement of the amount is obtained
from the petitum of the claim that, as such, not only appears from the petition of the
lawsuit, but also from other extremes

Of the same. Having clarified this, there is no problem if the statement that the factor
amount of competition is achieved or assumed from the claim is used. (Gonzáles
Álvarez, 2016, p. 206)

Then, the amount is determined or estimated directly from the claimed claim, not from
the merit of the process, that is, not from the rights or obligations invoked by the
plaintiff and disputed by the defendant, nor from the structural, functional or qualified
conditionality of the body. jurisdictional, but what is considered by the plaintiff
corresponds to receive from the ordinance authoritarian distribution with which the
process concludes, which properly translates into the petitum of the claim. (Idem)

If, in an obligation to give a sum of money, the plaintiff in his claim demands the
payment of 100 thousand soles, that amount will establish the jurisdiction of the judge
who decides the case.

This value is economic, measurable in money, so it requires that its estimate be in a

monetary figure, even when the claim is not a monetary benefit, it must be translated
into that figure by estimation of the party subject to an objectivity control (assuming the
allegations and / or annexes to the claim) by the judge. (Gonzáles Álvarez, 2016, p. 206)

21
23. CALCULATION OF THE AMOUNT

In accordance with the Civil Procedure Code, Article 11.- Calculation of the amount we
have to: To calculate the amount, the value of the main object of the claim, the fruits,
interest and expenses, damages and losses, and other accrued items is added at the time
of filing the claim, but not future ones.

If a claim includes several claims, the amount is determined by the sum of the value of
all. In the case of subordinate or alternative claims, only the one with the highest value
will be attended to.

If there are several defendants, the amount is determined by the total value of the
defendant.

the claim or other analogous cause could not determine the competence by reason of
degree, the Civil Judge is competent.

24. DEMAND AGAINST NATURAL PERSON

In accordance with the Civil Procedure Code, Article 14.- Demand against a natural
person we have to: When a natural person is sued, the Judge of the place of residence is
competent, unless otherwise provided by law.

If the defendant resides in several places, he can be sued in any of them.

If the defendant lacks domicile or this is unknown, the Judge of the place where he is or
that of the plaintiff's domicile is competent, at the latter's choice.

If the defendant resides abroad, the Judge of the place of the last domicile that he had in
the country is competent.

If, due to the nature of the claim or other analogous cause, jurisdiction cannot be
determined by reason of degree, the Civil Judge is competent. The general rule of
territorial jurisdiction is defined based on the domicile of the defendant and takes the

22
natural person as subject. The competence in attention to the legal person is addressed
in articles 17 and 18 of the Civil Code. If all the elements of the process occurred in the
same place, the territorial jurisdiction regime would be well simple. But this is not usual
because reality presents us with assumptions in which we must choose, among several
places, the best one, indicated by the presence of the parties in the place, by the
presence of the asset or the instruments of the process that allow evidentiary ease .
(Ledesma Narváez, 2008, p. 120)

The general rule - indicated by the place where the defendant is located - applies as long
as the law does not expressly indicate another competent territory. Territorial
jurisdiction can also be explained by the convenience that the court is close to what may
have to be subjected to inspection. Such convenience is especially appreciated in real
estate claims, since the furniture can usually be brought before the judge with ease. This
is how its signaling operates in real estate processes. (Idem)

The rule in comment addresses territorial jurisdiction under the criterion of proximity of
the courthouse with the elements of the process (whether people or things) that will
serve the judge for its exercise. Due to this neighborhood, the yield increases and the
cost decreases. (Idem)

In conclusion, as a general rule, territorial jurisdiction will be established based on the

domicile of the defendant natural person and exceptionally by the most convenient place
for the parties in the process, the place where the property is located or the place where
the instruments of the process that allow for evidentiary ease.

23
25. OPTIONAL COMPETITION

In accordance with the Civil Procedure Code Article 24.- Optional jurisdiction we have:
In addition to the Judge of the defendant's domicile, it is also competent, at the
plaintiff's choice:

1.- The Judge of the place where the property or property is located in the case of claims
on real rights. The same rule governs the processes of withdrawal, supplementary title,
acquisitive prescription and rectification or delimitation of areas or boundaries,
expropriation, eviction, guardianship and designation of support. If the claim concerns
several properties located in different places, the Judge of any of them will be
competent;

2.- The Judge of the last conjugal domicile, in the case of marriage nullity, marriage
patrimonial regime, separation of bodies, divorce and parental authority;

3.- The Judge of the plaintiff's domicile in the maintenance claims;

4.- The Judge of the place indicated for the fulfillment of the obligation;

5.- The Judge of the place where the damage occurred, in the case of compensation
claims for extra-contractual liability;

6.- The Judge of the place where the event generating the obligation was carried out or
should have been carried out, in the case of benefits derived from business management,
undue enrichment, unilateral promise or undue payment; Y

7.- The Judge of the place where the administration of common or foreign assets is
carried out at the time of filing the demands for rendering, approval or disapproval of
accounts or management reports.

24
26. DETERMINATION OF FUNCTIONAL COMPETENCE

According to the Civil Procedure Code, Article 28.- Determination of functional

competence, we have to: Functional competence is subject to the provisions of the
Constitution, the Organic Law of the Judiciary and this Code.

Functional competence includes both the degree and the procedural stage in which it is
developed. The appointment of the competent judge is fulfilled not because of a quality
of the litigation but because of a quality of the activity of the position, that is, of the
function that the judge is called upon to exercise. The application of this criterion leads
to distinguish between judge a quo and judge ad quem, that is, judge of first and second
instance. This competition distributes

disputes between judges, determining who should take the first examination of the

conflict and who happens. (Ledesma Narváez, 2008, p. 155)

In our country, the organs of first instance are unipersonal, and those of second,
collegiate, made up of three magistrates. Reasons of convenience, but not of essential
necessity, move to distribute the knowledge of the case to the judge ad quem. The law
takes advantage of the hierarchy of judges in its entirety for their intervention in
cassations, appeals and consultations; For this reason, a higher level judge is assigned
the knowledge of the contested order. This justifies competition by grade, which is
vertical, compared to territorial competition, which is horizontal. (Idem)

In other words, functional or grade competence implies the hierarchy of judges who will
resolve a controversy with legal relevance and the moment or stage of the process in
which they will have to do so. Judge here in the first instance who will be sole
proprietorship and judges ad quem in the second, who will act as a collegiate.

Competition by degree is linked to the principle of double instance that regulates the
Preliminary Title of the Procedural Code and constitutes an essential guarantee in
Procedural Law. The judge in each grade is different because he fulfills a different task.
Thus, in the first degree, he has the full powers to apply the norm that, according to his
analysis, is most appropriate; in the second degree, he limits his decision to the
arguments or grievances of the defeated appellant. (Ledesma Narváez, 2008, p. 155)

25
27. DIFFERENCES BETWEEN JURISDICTION AND JURISDICTION

• Jurisdiction is the whole, Competition is a part of that whole.

• Jurisdiction is an action, activity or function that the State fulfills, through a

specialized body, the competence is what gives it that characteristic. It is a complement
to the jurisdiction.

• Jurisdiction implies the idea of the exercise of power in an abstract way (that is, the
mandate of the law), whereas competition implies the idea of the concrete exercise of
the law. That is why it is said that there can be jurisdiction without jurisdiction, but
never competition without jurisdiction - but there is, although rarely

• Jurisdiction is inalienable, but revocable for a crime in the exercise of functions.

Jurisdiction is waivable ex officio or at the request embodied in the declination call

• Jurisdiction and jurisdiction belong to the authority, who judges

26
 CONCLUSIONS

Jurisdiction is that power-duty of the state to resolve disputes with legal relevance.
Power because only some specialized bodies hold it and duty since those bodies,
invested with power, are obliged to declare the right in the specific case with a view to
obtaining social peace in justice through definitive and irreversible decisions.

The action is the right that the defendants, the plaintiff and the defendant, have to
request the courts to intervene in the resolution of a controversy with legal relevance.

When we speak of competition, we refer to the aptitude or suitability of the judges to be

in charge of resolving certain types of issues based on certain criteria such as subject
matter, amount, territory and grade.

27
 BIBLIOGRAPHY:

• Mario Alzamora Valdez, Civil Procedural Law (General Theory of the

Process) Pages 77 and 86.

• Questions that correspond to the LAWYER'S GUIDE Book

• CUBA SALERNO Ricardo, Reading Material on Criminal Procedure Law II

1998 Juliaca-Peru.

• Cuba Salerno Ricardo. Reading Materials on Criminal Procedural Law II 1998.

Pg.79 Juliaca-Peru.

• Cuba Salerno R. Reading Materials on Criminal Procedural Law II 1998.

Juliaca-Peru.

• Legal Dictionary of Civil Procedural Law of Luis A. Aragón Page 127.

• MIR - BEG LECCA GUILLEN, Coordinator, Legal Dictionary, Legal

Editions, Lima Peru 1997. Page 241.

• CIVIL PROCEDURAL LAW (General Theory of the process and the Organic
Law of the Judicial Power) Faculty of Law of the Universidad Nacional Mayor
de San Marcos "

• COCA GUZMÁN, Saúl José (2020). "What is 'abuse of rights'? (Article II of

the Preliminary Title of the Civil Code) ». Available at:
https://lpderecho.pe/abuso_del_derecho-derecho-civil/

• GONZÁLES ÁLVAREZ, Roberto (2016). "Comment to article 5 of the Civil

Procedure Code". In: Civil Procedure Code commented on by the best
specialists. Article by article analysis and comments, Volume I, pp. 171-182.

• GONZÁLES ÁLVAREZ, Roberto (2016). "Commentary on article 10 of the

Civil Procedure Code". In: Civil Procedure Code commented on by the best
specialists. Article by article analysis and comments, Volume I, pp. 205-210.

28
 • LEDESMA NARVÁEZ, Marianella (2008). Comments on the Civil
Procedure Code. Article by article analysis. Volume I. Lima: Legal Gazette.

• MONROY GALVEZ, Juan Monroy (1997). Introduction to the civil process.

Volume I. Santa Fe de Bogotá: Editorial Temis.

• PRIORI POSADA, Giovanni (2004). "Competition in the Peruvian Civil

Process". In: Law & Society, Lima: PUCP, n. 22, pp. 38-52.

• VERAMENDI FLORES, Erick (2016). "Commentary on article 4 of the

Civil Procedure Code". In: Civil Procedure Code commented on by the best
specialists. Article by article analysis and comments, Volume I, pp. 164-170.

29