Form Work of Procedural Acts

FORM OF PROCEDURAL ACTS CIVIL PROCEDURAL LAW I-UDCH
INTRODUCTION
In the legal field, there are various aspects, due to its breadth.
However, in order for legal changes to be evident, legal acts are necessary, and
further, in the case of the process or its constitution, procedural acts.
Obviously, procedural acts are carried out by individuals, that is, they are
executed by the so-called procedural subjects with the firm purpose of
establishing, modifying or extinguishing a legal situation or relationship within
the process.
Procedural acts are not generated per se, but rather fundamentally require a
procedural law that provides them with form, and locates them in time and
space.
The form will depend on the principles inherent to the process, such as the
principle of publicity, writing and the use of language; the space will be nothing
more than the court where the case is held; and the time, which will be
determined by the legal days and hours, in addition to the days established by
the judges to dispatch.
The formality of the act means the fulfillment of certain conditions that
guarantee its effectiveness.
If it says, for example, that if the person notified is not at home, the secretary
must record that he or she really lives in said place and have the neighbors
sign, stating that the notification is being left under the door; This cannot be
replaced by the secretary's mere saying; The solemnity of the notification must
be fulfilled as established by law.
It is a clear example of how important formality is.
BACKGROUND
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THE FORMAL ELEMENT OF THE PROCEDURAL ACT
The form actually has a function of guaranteeing the rights of the parties; It is
not enough that the act exists ''in some way'', it is necessary that said existence
be guaranteed with the solemnity indicated by the law.
The formality of the act means the fulfillment of certain conditions that
guarantee its effectiveness.
In the inquisitorial process, formalism acquires such rigidity that every

procedural act has a ritual in which the slightest defect is not conceived and if
this occurs, the act is annulled no matter how irrelevant the ritual may be.
In the adversarial process, even though there may be some formal defects, the
act is valid when it has fulfilled the purpose that has been proposed and has not
violated procedural or constitutional principles or guarantees.
On the other hand, the formal element requires requirements of manner, place
and time.
1) The Mode:
As for the mode, it is the particular way in which the procedural acts are
presented, taking into account their linguistic and grammatical aspect.
This includes many angles, the first of which is the use of an official language,
which in the Peruvian case is the Castilian language, artificially called ´´Spanish
´´.
For a long time there was an attempt to recognize Quecha and Aymara and
even the native languages of the jungle area as languages, without any
success, because obviously the language is a form of domination, which allows
us to predict that in the future the language to be used It will be English, without
a single file having ever existed in Quecha.
Another aspect of the mode is the writing, which acquires certain peculiarities,
for example, judicial resolutions are made by placing the broken date on the left
side as the beginning; However, in writings and appeals, the date is put at the
end.
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Also included within the mode is the way in which a resolution is divided, as well
as when the Seen is recorded first; then, Considering; and finally, Resolve or
Failure.
2) The Place:
As for the place, the form requires that the space in which the act is carried out
be indicated.
The marking of the space must refer to a specific demarcation, which, if it does
not correspond to a legal name, may correspond to custom or, failing that, must
be referred to topographically.
That is, it can be indicated that the act is carried out in a certain city, when that
is enough to identify the place, such as when the judge issues his sentence
indicating that he does so in Arequipa, but it may also be necessary for the act
to indicate a geographical point. precise, as when a visual inspection is carried
out on a property for which the municipal number, street, district, city and
province are indicated.
3) Weather:
Regarding time, it is of fundamental importance to indicate the moment in which

the procedural act or procedural action is located.
Only the year, or the month, or the day, or the hour or minute in which the
action occurred may be of significance, depending on the act in question.
There are no temporary acts, they all have a moment when they manifest
themselves in the outside world.
The difference is that some manifest themselves over a longer period of time
than others, so for each case it is required that the historically considered time
be fixed, at the moment or period of its realization.
It would be very strange if, in order to fix the time, it was enough to indicate in
which century it was made, as well as to specify the second in which it was
recorded.
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Generally, it is enough to record the year, month and day, and in some cases
the exact time.
Time and space are the fundamental forms of all being, and a being located
outside of time is as enormous an absurdity as a being outside of space,
therefore the form in terms of time and space are fundamental for the validity of
the act. procedural.
FORM OF PROCEDURAL ACTS
In order to distinguish them properly we will divide it into chapters:
CHAPTER I
FORMS OF THE JUDGE'S PROCEDURAL ACTS
The procedural acts of the Judge are fundamentally referred to the resolutions
issued in the process; but it also carries out judicial proceedings, hearings,
judicial inspection, receives oral reports from the parties and lawyers and other
acts that we indicate in the duties, powers and obligations of the Judge.
The Judge as the subject of the procedural relationship, in his procedural acts
and the resolutions he pronounces in the process, must comply with the
established procedural forms.
Among the procedural forms that it must comply with in its judicial actions and
its resolutions, we find: (Art. 119 CPC).
 Abbreviations: Both in Judicial proceedings and in their Resolutions, you

cannot use abbreviations. Judicial proceedings are documented through
minutes, which are dictated by the Judge and written by the Secretary of the
Process; The abbreviation of words could generate problems of interpretation or
of another nature and the purpose of the law is that the facts that document the
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process be stated in full words; For example, it is not allowed to use

abbreviations, such as: Mr. Dr., etc.
 Dates and amounts in letters: When drafting resolutions and judicial

actions, the Judge, when recording dates and amounts, always does so in
letters, writing the corresponding word. The use of numbers in Judicial
Resolutions and Procedures is not permitted. As an exception, it is established
that the use of numbers in general referring to legal provisions and identity
documents in general in the minutes containing judicial proceedings and
resolutions is permitted.
 Wrong words and phrases are not deleted: If when writing the minutes,
documents or resolutions, mistakes or errors are made, it is not allowed to
delete them; Otherwise, they are canceled with a line that allows them to be
read. At the end of the text of the minutes or resolution, the word or phrase that
has been canceled is expressly stated with a line, indicating everything that is
the subject of the invalidation.
 You cannot interpolate or juxtapose: It is not allowed to juxtapose or

interpolate words or phrases in the minutes that contain the Judicial
proceedings or Resolutions pronounced by the Judge. Interpolating means
alteration or intercalation introduced in the text contained in the Judicial
Resolutions: Juxtaposing means joining or bringing together words or phrases,
altering their original content.
The form of the Judge's procedural acts is provided for in the law and the Judge
must comply with these procedural forms, as a result of the same function he
performs.
JUDICIAL RESOLUTIONS
Casarino Viterbo teaches that: «... Judicial resolution is any act that emanates
from the court intended to substantiate or decide the controversy that is the
subject of the trial. The judicial resolution is also a type of judicial action, since
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this is a more or less solemn act that is carried out in the process of which a
written record is left and certified by the official who is responsible for attesting
to the act; characteristics that judicial resolutions also present, whatever their
type" (CASARINO VITERBO, 1983, Volume III: 155).
For Rosenberg, «... a resolution is the pronouncement of the legal

consequence produced or ordered to be fulfilled in the individual case; It is the
result of a mental activity that consists of establishing the factual situation and
applying objective law to it" (ROSENBERG, 1955, Volume I: 314).
De Pina points out that: «... Judicial resolutions can be classified into two
groups: interlocutory and substantive. The first - rulings (which are also usually
called decrees) and orders - are those issued by the jurisdictional bodies during
the conduct of the process; The second -sentences- are those that decide the
underlying issue that constitutes its object.
The distinction between orders (or decrees) and orders is based on the greater
or lesser significance of the issues on which they fall, a point about which the
procedural laws provide in detail. In some legislations there is a formal
difference between providences (or decrees) and orders, these must contain,
like sentences, results and recitals" (DE PINA, 1940:185).
CONTENT OF JUDICIAL RESOLUTIONS.
Regulating the procedural forms of the Judge's acts, that is, the procedural
activity and specifically the content of the resolutions, our legislation establishes
the following: (Art.122C.PC):
1. Place and date in which they are issued: As for the place referred to, the
city where the Trial Judge dispatches and issues the resolution and the date,
day, month and year in which the Resolution is pronounced.
2. Order number that corresponds: The order number refers to the Decrees.
Orders and sentences. During the process, the Judge issues several Decrees
of mere formality and lists them consecutively.
The Orders can be pronounced in the main notebook that contains the process
or in the separate notebooks derived from the main process. Once a process
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has been promoted with the presentation of the claim, the Judge admits or
rejects said claim, by means of an order, this resolution corresponds to number
one.
In the main file: when admitting the response to the claim or counterclaim for
processing, if applicable, the Judge does so by means of another order, when
Sanitizing the process, he does so with another order, in the Hearings, he
develops the procedural activity, by means of of cars and each one of them has
a correlative number within the process.
In the Knowledge process, it can be promoted as means of defense, such as

Exceptions and Prior Defenses, which are processed in a separate notebook;
Precautionary measures are processed in a separate notebook. In these cases,
the resolutions that fall into these notebooks have a different numbering from
the main notebook and in a progressive manner, but with mention of the main
process, from which said notebook comes.
Regarding the Sentences, it is the resolution that ends the process and its
numbering, it is subject to the sentences that are pronounced in other
processes, the correlative number corresponds to it in the order that the Judge
pronounces in each process, which is processed in its court.
3. Factual and legal foundations: Among the procedural forms regarding

the content of the resolutions, there is the motivation or justification of the
Masters and Sentences, with an enumeration of the factual bases and the
respective legal bases, which support the decision, in merit of what was done
and the facts proven in the process and the applicable law. We touch on this
topic in parts of the Judgment and specifically in the consideration or motivation
part of the resolutions.
4. Clear and precise expression of what is decided: Both the Orders and the
Judgments, in the operative part, as a procedural formality, must be clear and
precise, leaving no doubts in the solution of conflicts of interest or legal
uncertainty. Furthermore, if it is the Sentence, it must include all the
controversial points.
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5. Plate for compliance: If the Order or Judgment sets a deadline for

compliance with an obligation, it must be set expressly and concretely.
6. Condemnation of costs and costs: In the Judgment, as a formality

regarding its content, the Judge must rule on the condemnation of the costs,
costs and the party that must pay them or, in any case, must rule on their
exoneration as to to your payment. If the application of fines is appropriate, the
judge imposes them in the Sentence.
The resolution that does not comply with the aforementioned requirements will
be null, except for the decrees that do not require compliance with the
provisions of paragraphs 3, 4, 5 and 6, and the orders expressed in paragraph
6.
The sentence will require in its wording the separation of its expository,
consideration and resolution parts.
In the first and second instances, as well as in the Supreme Court, the orders
bear a half signature, and the sentences have the full signature of the Judge or
Judges, if it is a collegiate body.
When the collegiate jurisdictional bodies issue orders, only the consent and
signature of the number of members who form a relative majority will be
necessary.
The decrees are issued by the respective Jurisdictional Assistants and will be
signed with their full signature, except for those issued by the Judge during the
hearings.
SUBSCRIPTION OF THE RESOLUTIONS
As a procedural formality, a Resolution must be signed by the Judge and the

Secretary of the Jurisdictional Body, for it to have legal value. (Art. 122 CPC)
 The Decrees: which are issued by the Jurisdictional Auxiliaries, are

signed with a complete signature. The Judges subscribe to them when they
speak at the Hearings.
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 The Orders: Half signature: In First and Second Instance and the
Supreme Court. If the orders are issued by Collegiate Jurisdictional bodies, only
the consent and signature of the number of members who form a relative
majority is necessary (Art. 122 CPC).
 The Sentences: Complete signature of the Judge or Judges.
TYPES OF RESOLUTIONS:
Podetti maintains that "... these declarations of will (what resolutions consist of)
can be resolutory, investigative and executory, in which the two characteristic
powers of jurisdiction are exercised: the iudicium and the imperium, to
command and decide. The resolutions that are pronounced and embody the
iudicium, that is, those that decide, act on the formal relationship or on the
underlying substantial relationship, that is, on the container or on the content"
(PODETTI; cited by QUINTERO, and PRIETO, 1995 , Volume II: 196).
Véscovi points out in this regard that judicial resolutions "... are divided into:
mere formalities, which only give impetus to the process; interlocutory
(sentences or orders, depending on the codes), which are issued during the
procedure and are related to a related issue but unrelated to the main one (the
object of the process), and definitive, which are the final sentence. After these,
the interlocutory orders (...) follow in importance, which, in certain cases, can be
definitive when, by resolving an accessory issue (expiration, prescription, res
judicata, etc.), they put an end to the process." (VÉSCOVI, 1999: 221).
Regarding the types of judicial resolutions (also called providences in the broad
sense), Devis Echandía informs us that "in many countries (...) the term
sentence is used exclusively for the final decision of the instance, regarding the
complaint and the exceptions of merit or substance against the claims
contained in it (with some reservations), or the extraordinary appeals of
cassation and review; the other orders are called orders and these are
distinguished into interlocutory and mere substantiation, depending on how they
relate. to incidental or accessory issues related to the substance of the matter
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(the former) or simply to the governance of the process (the latter)" (DEVIS
ECHANDIA, 1985, Volume II: 513-514).
 The Civil Procedure Code (in its art. 120) only recognizes the following
as judicial resolutions:
 Decrees.
 Cars.
 Sentences.
DECREES
The decrees are usually also called orders or simple orders or orders of mere
processing or orders of processing or orders of substantiation.
In this regard, Reimundín asserts that "mere procedural orders or orders are the
resolutions that tend to set the process in motion and order acts of simple
execution..." (REIMUNDÍN, 1957, Volume II: 71).
In the opinion of Beatriz Quintero and Eugenio Prieto "the processing orders
provide a simple impetus for the process, they do not require motivation..."
(QUINTERO; and PRIE¬TO, 1995, Volume II: 198).
For Devis Echandía "the substantiation orders are those that are limited to
arranging a procedure that the law establishes to give progressive progress to
the action, they refer to the mechanics of the procedure, to promote its course,
order copies and breakdowns, summons and acts like that" (DEVIS
ECHANDÍA, 1985, Volume II: 514)
According to Andrés de la Oliva and Miguel Ángel Fernández, the rulings are
"... resolutions of processing or (...) of material organization. And by processing
we must understand the procedural development, the progress of the acts in
accordance with the series of them abstractly provided for in the procedural
norm. This certainly means a procedural (and ex officio) impulse, that is, moving
from one act to the next or from one phase to the next when the factual
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(procedural) assumptions contemplated by the law occur..." (OLIVA ; and

FERNANDEZ, 1990, Volume II: 134).
As can be seen from our legal system, decrees are resolutions issued by
jurisdictional assistants (obviously at the direction of the respective magistrate,
who, as is known, is the director of the process) and aimed at promoting the
process, which provide for the carrying out of acts mere procedural procedures,
so much so that, unlike orders and sentences, decrees do not require any
justification (arts. 121 -first paragraph- and 122 of the CPC).
CARS
Andrés de la Oliva and Miguel Ángel Fernández note that the orders (also
called interlocutory orders) "... are the. Resolutions that are issued to resolve
important issues, affecting the interests of litigants worthy of protection, but
different from the main or substantive issue, different, therefore, from the main
and necessary object of the process. (...) the records are the resolutions with
which, unless expressly indicated. That must be resolved by sentence, the so-
called incidental issues are decided, which do not put an end to the process"
(OLIVA; and FERNANDEZ, 1990, Volume II: 135).
Devis Echandía maintains that the orders or interlocutory orders "... are
decisions pronounced in the course of the instances or the processing of
extraordinary appeals for cassation and review, or for compliance with the
sentence in the same process, on points that are not a simple procedure that
contain some substantive issue other than resolving the claims of the claim and
the substantive or merit exceptions opposed to them and that sometimes put an
end to the process, for example, when its peremption is declared or expiration
or a total settlement is accepted or the withdrawal of the lawsuit or the appeal or
cassation against the sentence" (DEVIS ECHANDÍA, 1985, Volume II: 456).
It is inferred from the text of the second paragraph of article 121 of the Civil
Procedure Code that the orders are those resolutions issued by the Judge
through which:
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 The admissibility or inadmissibility and the admissibility or inadmissibility

of the claim are resolved.
 The admissibility or inadmissibility and the admissibility or inadmissibility

of the counterclaim are resolved.
 The matter related to the sanitization of the process is resolved (that is, it
is determined whether or not a valid procedural legal relationship exists).
 Process Interruption.
 Conclusion of the process
 The forms of special conclusion of the Process.
• Conciliation (Arts. 324 and 325 CPC)
• Search and Recognition (Art. 332 CPC).
• Judicial Transaction (Art. 337 CPC).
• Withdrawal (Art. 343 and 344 CPC).
• Abandonment of the Instance (Art. 346 CPC).
 The granting or denial of the means of challenge is resolved: resources

(replacement, appeal, cassation and complaint) and remedies (request for
declaration of procedural nullity and evidentiary issues such as deletion and
opposition).
 The admission, inadmissibility or modification of measures is resolved.
 precautionary measures (judicial or conservative seizure, seizure in the

form of deposit, seizure in the form of registration, seizure in the form of
retention, seizure in the form of intervention in collection or information, seizure
in the form of administration, temporary measures on the substance, innovative
measures, measures not to innovate, etc.)
 All other decisions are adopted for which due justification is required
(excluding, obviously, the judicial ruling on the controversial issue in which the
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right that corresponds to the parties is declared, which will not be made by order
but through sentence).
SENTENCES
According to the rules that regulate the procedural forms of a sentence, it must
contain the synthesis of the claim and its response and that the motivation must
be limited to the critical examination of the evidence and the legal, equitable
and doctrinal reasoning strictly necessary, to substantiate the conclusions.
We ask ourselves, what is the legal nature of the sentence? To answer this
question, Procedural Law scholars have proposed a series of arguments, such
as:
Some, in doctrine, affirm that it is an act of will; arguing that the volitional
element is not properly the will of the Judge, but the concrete will of the law,
which is separated from the legal norm, as soon as the facts coincide with those
provided for in the norm or legal type.
It is stated that there is a danger that the Judge may rule for reasons other than
the strict application of justice.
Another current in the doctrine says that the sentence is a logical act.
Hugo Rocco, referring to this issue, states: "The Legal norm is a mandate that,
because it is expressed in an abstract way, needs to be specified, which is
precisely what the Judge does in the sentence. (HUGO ROCO: “Treaty on civil
procedural law” 1969)
But evidently, in this operation, the Judge does not add any particle of his own
will to that already expressed by the legislator.
The operation by which, given a general norm, it is determined what conduct

the individual subject to the norm must follow in the specific case, is a pure
logical operation and, as they say, a syllogism, in which, taking as a major
premise the general rule, as a minor premise the specific case, the rule that
must be followed in the particular case is deduced.
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Logical judgment certainly does not change its nature because it only has as its
object a declaration of will, that is, a legal norm.
The mental activity of the Judge remains a purely theoretical activity, even if it is
exercised on a problem of the practical activity of another.
Francisco Carnelutti in this regard believes "That the sentence, which is a stage
of the process, where the Judge decides based on a syllogism, which works like
this: Major Premise, the legal norm, Minor Premise, the fact, and the
conclusion, the application of the norm to the fact.
This author adds that the decision is a judgment and that it affirms the
equivalence of two representative concepts of the same resolution.
The judgment comes first and then comes the reasoning for verification.
The syllogism is the instrument of reason and is born from judgment.
The Judge motivates to decide and motivation is nothing but reasoning.
This author concludes, warning that the decisive syllogism, therefore, is not at
the beginning but at the conclusion of a work, which asks reason to verify the
invention." (FRANCISCO CARNELUTTI: “Civil and criminal procedural law”
1971)
Other scholars of Procedural Law affirm that the sentence is a complex act.
In the most recent modern doctrine, it is maintained that the sentence is not
only a logical act but also a volitional one, which forces human activity to be
historical, logical and critical.
Manuel Serra Domínguez states: In the ruling the Judge divides the operation
as follows: Declaration of the facts, search for the rule applicable to the case,
meaning of the rule and formulation of the complete rule. (MANUEL SERRA
DOMINGUEZ: “Civil procedural law studies”)
Piero Calamandrei, referring to the sentence, has the following chronological

order:
1. Preliminary examination of the significance of the facts.
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2. Interpretation of test results.
3. Assessment of these results.
4. Construction of the specific fact, based on the singular factual judgments

and legal classification of that fact.
5. Comparison of the specific fact, the certainty of which has been

established with the specific legal fact.
6. Determination of legal effect.
This author indicates that the Judge's operation is complex, since throughout
the process he must resolve many points of fact and law. (PIERO
CALAMANDREI: “Institutions of civil procedural law 1962)
Capograssi, quoted by Jorge Urquizo Pérez, affirms that the sentence is a

historical judgment, since "There is something magical in the process, a turning
into the present what has already happened, an immediate return of what has
been exhausted in its immediate vicinity, rebuilding a broken situation". The
Judge, like the historian, needs documents, witnesses and others and uses
truths and data related to the process to reconstruct the facts and draw their
consequences; the historian chooses his field of research; On the other hand,
the Judge must limit himself to deciding on the issues raised in the application,
his response.
Both the Judge and the historian evaluate the evidence taking into account
logic, psychology, experience and technique.
Everything that precedes is to establish the evolution of the sentence in the

doctrine, as a procedural act of the Judge.
In the sentence, the Judge must not only limit himself to applying a legal
syllogism, but his work is much more complex, since he must take into account
a series of social, economic, and political circumstances in each particular case,
trying to make an analysis of that reality. , with the help of auxiliary sciences
and arrive at a real procedural truth.
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In reality, the logical legal analysis of the Judge is not a simple mental operation
according to his whim, but is the analytical study of the process in its different
stages, which leads him to a conviction of certainty and this is the reason for the
ex officio proof established in Art. 194 of the Civil Procedure Code, which
empowers the Judge to act ex officio evidence for a solution to the conflict of
interest, with social peace.
To issue a sentence in each process, the Judge has to adopt a system with
legal logic, following an ordered sequence, which could tentatively be the
following:
Starting the sentence as a procedural legal act, the Judge will necessarily have
to analyze the claim, with which the process begins.
In this act postulating the process, which delimits the extremes of the sentence,
the names of the plaintiff, the defendant and the legitimate interest invoked
when promoting the action are recorded and, most importantly, it is the petition
that contains the demand, that is, the claims directed against the defendant,
then the facts that support the claims and finally the evidence that supports the
facts, which serve as the basis for the claim.
Having admitted the claim for processing, the Judge already made a critical
logical analysis of the procedural assumptions prior to the claim, the
requirements and annexes; but on this occasion, it is an examination and
analysis as a whole, which also covers the answer to the claim, the claims of
the defendant, compared to those of the plaintiff, the counterclaim and the
means of defense raised, in contradiction, and especially to the means of
evidence that support the claims of the actor and the defendant.
In essence, the process aims to artificially reconstruct the facts, resorting to the
means of proof that were offered and annexed to the acts postulating the
process and especially those that were acted upon in the Evidence Hearing.
Secondly, in the critical logical analysis, the Judge makes an assessment of the
means of evidence provided to the process, which prove the facts that support
the claims of the parties.
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Then, in this logical legal analysis, the Judge applies the rules of substantive
and procedural law to the specific case.
The Judge applies the rule of substantive and procedural law, according to his
criteria and must not necessarily coincide with the rules invoked by the plaintiff
or the defendant, taking into account the procedural principle called "lura Movit
Curia", which means that the Judge knows the law.
Many legal scholars consider this reasoning as a syllogism, where the major
premise is the law, the minor premise is the proven fact, and the conclusion is
what the Judge decides.
This entire intellectual operation, carried out by the Judge, is called the
motivation or foundation of the resolution.
In addition to this logical Legal analysis, the reasons that the Judge has for
making a certain decision must appear and that will later serve to challenge it,
because he is aggrieved.
The sentence that is not duly reasoned suffers from grounds for nullity, by
express provision of the law.
CLASSIFICATION OF SENTENCES.
A series of classifications have been made of the Judge's procedural act that
puts an end to the substantive issues raised in the process.
The classification that has achieved the greatest roots in the doctrine is the one
that, taking into account the specific content of the sentences, that is, the nature
of the claim that configures the object of the process, in which they are issued,
they are classified as Declarative, condemnation. and determinative.
Declarative Sentences:
These sentences, also called mere declaration, include those that eliminate the
lack of certainty about the existence, effectiveness, modality or interpretation of
a relationship or legal status.
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The declaration contained in this type of sentences can be positive, when they
affirm the existence of a certain legal act in favor of the actor; They can be
negative, when they affirm in favor of the plaintiff or the defendant, the non-
existence of a certain legal effect, intended against them, by the adversary. As
an example of this type of sentences, we can cite those that declare the falsity
of a document; the acquisition of property by prescription, the Nullity or
voidability of a legal act, etc.
Constitutive Sentences:
They configure a modality of declaratory sentences, which generally produce

pre-established effects in the law, for example: Declaration of incapacity,
divorce, annulment of marriage, etc.
Conviction Sentences:
They are the ones that occur most frequently, and are made up of those that
require compliance with a service, giving, doing, not doing, etc.
Condemnation sentences are characterized because they also declare the

existence of the Right to a claim and non-compliance with it on the part of the
obligor, generates the sanction since the same law establishes this non-
compliance and establishes in favor of the holder of the
Right, the action aimed at obtaining its coercive execution.
Determinative Sentences:
They are those through which, the Jurisdictional Body and the requirements or
conditions to which the exercise of its right must be subject.
Examples of this type of rulings include those that establish a deadline for
compliance with an obligation, those that establish the way in which common
property should be divided, etc.
SENTENCE IN THE CIVIL PROCESS.
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Within the judge's procedural acts, the sentence is the one that has the greatest
importance and is regulated in Arts. 121 and 122 of the Civil Procedure Code.
Regulating the procedural forms, it is established that in its writing it must be

separated into three parts, Expository, Considerative and Resolutive.
In its wording, a sentence must contain the recessal forms, which has been
pointed out when commenting on Resolutions in general, especially orders and
Sentences, and which is expressly stated in Art. 122 of the Civil Procedure
Code.
In reality, in the introductory part, a sentence must contain the designation of

the Judge who issues it, the place and the date; the sentence, then comes the
expository part of said resolution, where the Judge makes a summary of the
requests contained in the lawsuit, its response, the exceptions, its response if
applicable.
In the considering part, the Judge makes an assessment of the evidence, in

light of his sound criticism, in order to determine whether the facts contained in
the claim or the exceptions were demonstrated, following the principle of
community of evidence, making an assessment as a whole and not in isolation.
Once the legal norm applicable to the case that is the subject of the litigation
has been found, it must be analyzed whether the assumptions of the facts
proven within the process are subsumed within the legal assumptions of said
norm, in order to grant the legal consequence provided therein.
The sentence in the operative part is the conclusion of the syllogism, whose
major premise is the norm; The minor premise is constituted by the proven facts
that are the object of the process.
The Judge has the obligation to apply the corresponding rule, if the parties did
not invoke it or did so wrongly and if there is no applicable law, he resorts to the
General Principles of Law, the Jurisprudential doctrine, as indicated in the
duties of Judges.
19
MOTIVATION FOR SENTENCES.
As a Procedural principle of the Administration of Justice, the motivation of

resolutions and specifically of Sentences has been elevated to a constitutional
norm (Art. 139 Inc. 5th. State Constitution).
In the Organic Law of the Judiciary and the Civil Procedure Code, the
motivation for resolutions is reproduced as a procedural rule, in all instances,
with express indication of the applicable rule and the facts on which it is based.
Piero Calamandrei, in his work, Process and Democracy, states: "Motivation

constitutes the most important and typical sign of the rationalization of the
Jurisdictional function."
Likewise, this writer says that the motivation of the ruling is important, because
it puts the parties in a position to establish whether, in what the Judge said,
there are some reasons that allow them to later challenge his decision and the
motivation is important as a subsequent justification of the ruling. positive side.
It can be affirmed that the same law, as a constitutional norm and reproduced in
the Organic Law of the Judiciary and the Code of Civil Procedure, by requiring
that in its final text of the sentence the operative points be preceded by the
motivation, wants to make the sunlight, the syllogistic structure of the sentence
and persuade the defendants that in the rigorous concatenation of logical
vertices, no path has been left to arbitrariness.
The motivation of a sentence is the logical legal reasoning that the Judge
makes of the claims of the plaintiff, the defendant, the facts proven or not. the
law applicable to the specific case, to then decide the conflict of interest.
The motivation for the sentence constitutes a Constitutional guarantee and is

ultimately the rationalization of justice.
JUGED THING
1. Res Judicata:
20
Theories: In relation to the procedural institution that establishes res judicata,

there are a series of theories, which we will analyze very briefly.
to. Theory of Fiction of Truth.- According to this thesis, the Authority of Res
Judiciary rests on a fiction of truth, which is why there cannot be new processes
and even the unjust sentence has constitutive value of Rights.
This theory is based on the principle that the process seeks a procedural truth
and the sentence acquires that incontrovertible procedural truth.
b. Theory of the Will of the State.- According to this theory, the force of res
judicata is found in the will of the Judge, to which a definitive value is given, as
he is the representative of the State. But, as indicated above, the will of the
Judge is nothing other than the will that is expressed in the legal norm, being
neither autonomous nor immutable.
c. Rocco theory. - The writer Hugo Rocco expresses that res judicata must
be understood in its double function: that of extinguishing the right of action and
contradiction in court, and that of preventing that right, precisely because it is
extinguished, from being revived and therefore, can be exercised again.
Res judicata extinguishes the action, after having been deployed and
consummated through a process that culminated in a ruling on the contestable
substance.
d. Theory of Francisco Carnelutti.- This writer maintains that the authority of

res judicata implies a definition as a legal fact.
Precisely because the decision is a legal fact, it produces the transformation of

a lex generalis into a lex especialis.
and. Affirmation by Devis Echandía.- That it is not correct to affirm that the
object of res judicata is to provide certainty of the existence of the will of the law
for the controversial case, because it is the object of every sentence whether or
not it transitions to res judicata. .
The difference is in the immutability and definitiveness of such a statement of

certainty.
21
Res Judicata is a special effect that the law assigns to certain sentences by
virtue of the Power of Jurisdiction of the State.
The res judicata has the characteristics of immutability and finality, it prevents
reviewing the decision in a subsequent process and has a procedural nature,
because it is a consequence of the process and the emanation of the will of the
State, manifested in the procedural law.
Res Judicata is the immutable and definitive quality that the law grants to the
sentence, as it declares the will of the State, contained in a legal norm that
applies in a specific case.
The procedural effects of res judicata are in its mandatory effectiveness that
derives from the fact that the sentence satisfies the claims, and in turn has
become unchallengeable, extinguishes the obligation of the State to provide
and therefore, cannot revive a dead process.
One of the characteristics of the jurisdictional function is that it is definitive, that

is, once the conflict of interest has been decided, that decision is definitive and
obligatory.
The expression res juzgada, derived from which the Latin terms "res indícala"
are integrated, which literally means any object that has been the subject of
judgment.
Grammatically it is made up of the words resiosa and judicata: the first indicates
everything that has a measure of value and that is susceptible to property
rights; and the second, as the past participle of the verb judge, qualifies what
has been the subject of judgment.
The res judicata referred to judicial rulings, in its essential aspect, is a ruling
with authority.
Legally, res judicata is equivalent to the immutable and definitive quality that the
positive law of each country attributes to certain final or enforceable sentences.
22
The proceduralist Eduardo J. Couture defines the legal concept of res judicata
as "The authority and effectiveness of a judicial ruling when there are no means
of challenge against it that allow it to be modified."
Legal Nature of the res Judicata:
To find the very nature of res Judicata, in Substantial Law before the process or
on the contrary, it is another right that is born as a consequence of the process
and the sentence, in the doctrine two main theses are supported; that is, the
material theory of res judicata and the procedural theory.
TO. Material Theory of Res Judicata: This theory as constitutive of a

substantial right of the parties with respect to the litigated cause, since it sees
the creation of a right in the ruling.
b. The Procedural Theory of Res Juzgada: considers that the essence of res
Juzgada is that the sentence defines the existence or non-existence of a right
with binding effect for a future judge and for the interested parties, in such a
way that the determined legal good or recognized in the ruling, cannot be
further discussed, but it does not create a new right.
Explaining these two theses of res Juzgada, the proceduralist Humberto Murcia
Bailen, states: "We believe with the majority of modern expositors, that res
Juzgada, the same substantial right, which exists before the process,
transformed with the sentence into certain, indisputable and enforceable; we do
not see, because the principle prevents us from doing so, that the sentence
does not create rights, how res judicata can be considered as another right,
independent of that claimed in the process and recognized in the sentence.
Fundamentals of Res Judicata:
The foundation or reason for res judicata is located in the political need to put
an end to judicially decided disputes and prevent their subsequent
reconsideration.
Eduardo J. Couture states: That res judicata is, in short, the political
requirement and not strictly legal, it is not the natural reason but the practical
requirement.
23
The writer Leo Rosemberg, cited by Murcia Bailen, in relation to the foundation
of res judicata, notes: "This does not correspond to a conceptual necessity, but
to the same mandate of convenience as the limitation of resources.
The achievement of legal peace between the parties requires that all litigation
must come to an end, the consideration of the Courts, that a dispute resolved in
an unchallengeable manner cannot be restarted at any time and the
maintenance of its reputation, contradictory resolutions.
"The danger that an unjust resolution will be maintained through the authority of
res judicata is a lesser evil compared to the insecurity of the law that would be
unbearable."
Piero Calamandrei estimates: That those residues of sociological uncertainty

that may remain in the conscience of the Judge, with more or less wide
margins, depending on the investigative measures available to him, have no
legal relevance. At the moment in which the sentence becomes res judicata, the
crisis of the Judge's conscience loses all meaning: the lack of psychological
certainty of the judge leaves no traces in the ruling, which in any case creates
legal certainty. From the above it follows that res judicata must be understood
as the question or matter that has been the subject of a logical judgment by the
Jurisdictional Body and that it is a question about which a process has taken
place, in which has resolved a specific case through the application of the
general rule and that, precisely because it has constituted the object of a logical
judgment, is called res judicata.
As Eduardo J Couture points out, res judicata is complemented by measures of

effectiveness, which summarize them in three possibilities: The
unimpeachability, immutability and coercibility of the resolved issue.
It is Unchallengeable, because the law itself prevents its questioning, to obtain a

review of what was resolved. It is immutable, because the law prevents the
modification of the matter I decide. It is coercive, because there is eventually
the possibility of forced execution of what was decided, especially in conviction
sentences.
Thing judged formal and thing judged material:
24
It is established that the sentence of merit always implies a declaration of

certainty; This can be provisional or definitive.
Formal res judicata occurs when, in the face of a final or enforceable sentence,
there is no material res judicata, but only formal res judicata.
The certainty that will be declared will be considered as such until another ruling
comes that, ending a subsequent process, modifies the preceding resolution.
Material Res Judicata happens when the sentence becomes material res
judicata, because then, and precisely because of this quality, the declaration of
certainty is definitive and becomes unmodifiable both in the same process and
in a subsequent one. The material Res Judicata is regulated in our legislation in
Art. 123 of the Civil Procedure Code.
Res Judicata and our Legislation:
In our legislation, a resolution acquires the authority of res judicata, when: (Art.
123 CPC).
 When it does not proceed against said resolutions, other means of

challenge than those already resolved. (Art. 123 Inc. 1 CPC)
 When the parties expressly renounce to file challenging appeals or allow

the deadlines to pass without having asserted them. (Art. L23 Inc. 2 and 361 of
the CPC).
 When deadlines are allowed to pass without appeals (Art. 123 Inc. 2
CPC).
What is also called consented resolution and the one that is ultimately resolved,
executory resolution.
Res judicata only reaches the parties involved in the process and those who
derive their rights from them.
However, res judicata may be extended to third parties, whose rights depend on
the parties, if they have been summoned with the lawsuit.
Immutability of the Judiciary:
25
The Resolution acquired by the Res Judiciary Authority is immutable. Except

when the resolution suffers from grounds for nullity provided for in Art. 178 and
407 of the CPC
In application of Art. 178 of the Code of Civil Procedure, a sentence that has
passed to the authority of formal res judicata is not final, and the annulment of
the Sentence or approved resolution of a transaction, of a conciliation, which
puts an end to the process, can be sued in a Knowledge Process. if it has been
followed with fraud or fraud, collusion, or affecting the right to due process,
committed by the parties, by the Judge, etc., within a period of six months from
being executed or having acquired the status of res judicata, if was not
executable.
Many scholars of Procedural Law affirm that in our legislation this fraudulent
Institution of Court House has been left, as a remedy for resolutions, which is
equated to the contradiction of sentence, provided for in Arts. 1083 and 1084 of
the C. of PC from 1912.
MAXIMUM DEADLINES FOR ISSUING JUDICIAL RESOLUTIONS
In accordance with the provisions of article 124 of the Civil Procedure Code
(numeral that deals with the maximum deadlines for issuing judicial resolutions):
TO. In the first instance, the decrees are issued two days after the
presentation of the document that motivates them.
b. The orders are issued within five business days computed from the date
on which the process is ready to be resolved, unless otherwise provided in the
Civil Procedure Code.
c. The sentences will be issued within the maximum period provided for in
each procedural channel counted from the notification of the resolution that
declares the process expeditious to be resolved.
The maximum deadlines to issue a sentence are these:
26
a) Fifty days counted from the conclusion of the evidentiary hearing, in the
knowledge processes (art. 478, inc. 12, of the CPC).
b) Twenty-five days from the conclusion of the evidence hearing, in abbreviated

proceedings (art. 491, inc. 11, of the CPC).
c) Ten days counted from the conclusion of the single hearing, in summary
proceedings (art. 555, final part, of the CPC).
d) Five days after the single hearing has taken place or the deadline for
contradicting has expired, in executive processes (art. 702 of the CPC).
e) Three days counted from the conclusion of the judicial action and declaration
hearing, in non-contentious processes (art. 754, penultimate paragraph, of the
CPC).
d. In the second instance, the deadlines will be subject to the provisions of

the Civil Procedure Code. For example, in the case of an appeal granted with
suspensive effect, the final resolution is issued within five days following the
hearing of the case (art. 376, final part, of the CPC).
AND. The deadlines in the Supreme Court are subject to the provisions of the
Civil Procedure Code on the appeal of cassation.
For example, having declared the admissibility of the appeal, the respective
Supreme Chamber has twenty days to resolve its admissibility (art. 393 of the
CPC); Furthermore, the corresponding Supreme Chamber issues the ruling on
cassation within fifty days from the hearing of the case (art. 395 of the CPC).
F. Delay in the issuance of resolutions will be disciplinary sanctioned by the

hierarchical superior, without prejudice to any additional responsibilities that
may arise.
INDELEGABILITY OF THE JUDGE'S ACTIVITY
The Judge has the duty to personally attend to the judicial office, during the
hours established by law (art. 126 of the CPC).
27
What is indicated in the previous paragraph is in accordance with the provisions

of article V of the Preliminary Title of the Civil Procedure Code, according to
which the hearings and the performance of evidentiary means are carried out
before the Judge, being non-delegable under sanction of nullity, excepting the
actions procedural by commission.
In this regard, the Organic Law of the Judiciary has established the following:
In all instances, Judicial Office is no less than thirty hours per week.
The District Executive Councils establish the Dispatch schedule within the
scope of their jurisdiction at a rate of six hours a day.
They also establish that during said hours the Magistrates must attend to
lawyers and litigants (art. 128, first paragraph, of the LOPJ).
The Judges serve no less than six hours a day at the headquarters of the
respective Court, except for procedures that, according to law, can be carried
out outside the Court premises and during overtime.
Under no circumstances may they leave the office at the designated times,
except with prior written authorization from the President of the Court (art. 152
of the LOPJ).
The duties of the Magistrates, among others, are to strictly observe the
established work schedule as well as that set for oral reports and other
proceedings.
Its unjustified non-compliance constitutes functional misconduct (art. 184,

paragraph 7, of the LOPJ).
There is disciplinary responsibility, among other cases, for failure to comply with
office hours (art. 201, paragraph 8, of the LOPJ).
We cannot fail to mention that, in accordance with article 127 of the Civil
Procedure Code, the Judge will direct the proceedings and order that the
parties, their attorneys and lawyers observe the legal provisions.
28
OTHER PROCEDURAL ACTS OF THE JUDGE
According to the writer Leo Rosemberg in his work, Treatise on Civil Procedural
Law, the procedural acts of the Judge can be classified as:
1- Process management acts :
Although they are largely produced in the form of resolutions, they represent an
independent, closed sector of the Judge's activity, distinct from the resolution of
the litigation, from which they arise.
2.- Acts of Procedural Promotion:
By setting for hearings, summoning them and notifications.
3.- Material meeting:
In the domain of the inquisitorial principle, and its promotion in the sector of the
dispositive principle, with the documentation of the process.
4.-Reception of acts of the parties:
Of the requests, statements and offering of proof and debate.
5.- Reception of the test:
Attached to the complaint.
6.- Documentation of what happened before the Judicial Body or what was
done by it.
CHAPTER II
PROCEDURAL ACTS OF THE PARTIES
GENERALITIES
According to article 129 of the Civil Procedure Code, the procedural acts of the
parties are intended to:
29
 The constitution of rights and procedural burdens.
 The modification of rights and procedural burdens.
 The extinction of rights and procedural burdens.
Procedural Act of Party:
When talking about Procedural Acts and Classification of Procedural Acts, it

must be established what should be understood by "procedural act."
Leo Rosemberg defines the procedural acts of a party as all the configurative
activities of the process; That is, all external conduct based on conscious will
(Will to act), regulated by Procedural Law according to budget and effects. Split
these into two:
 Application Acts
 Constitutive acts.
1. The Application Acts:
According to Rosemberg, "they are those acts of the parties that seek from the
Court or a Jurisdictional Body, a specific resolution and provide the material for
its foundation"
The Application acts are subdivided into:
a) Requests or requirements to the Judge to issue a resolution of certain

content.
b) Affirmations, which in turn are of two kinds:
Assertions of law and statements of fact, to support an application or to defend

against it.
c) Representations of Evidence, which are those acts of the parties that must
convince the Judge of the truth or falsity of a statement about the facts.
2. The Constitutive Acts:
30
Says Rosemberg, they are "All other acts of the parties that are not aimed at
provoking a certain resolution and are not exhausted in their production, but
rather establish, within the procedure in which they are executed, a certain
procedural situation (Procedural Legal Situations), and sometimes they have
effects beyond the process, such as, for example, the civil complaint.
They are divided like this:
a) Declarations of will, such as withdrawal of the claim, opposition, appeal, etc.
b) Declarations of wanting, which are:
1.- Manifestations of will, such as questions to witnesses, experts.
2.- Participations of will, such as the declaration of a future will, such as the
indication of wanting to continue the procedure; the announcement of requests,
statements and means of proof.
3.- Participation of warnings, such as those indicated in the designation of

Lawyer, the complaint of litigation, statements and means of proof; 4.- Material
acts, such as the aggregation of documents, delivery of writings.
Our legislation in Art. 129 of the Civil Procedure Code, gives us the concept of
Party Procedural Acts.
"The purpose of the Procedural Acts of the parties is the Constitution,

Modification or extinction of Rights and Procedural Burdens."
The party carries out its activity in the process, through the exercise of rights
and powers, fulfilling procedural duties and burdens; but, the activity of part, can
also be considered, like any other human activity, whether legal or illicit.
The main duty of the parties is to proceed with loyalty and good faith and to act
without procedural recklessness.
Referring to the procedural acts of the parties, the writer Salvatore Sata states:
"Since the process, in effect, is undoubtedly a struggle, which each party
conducts in its exclusive interest, there is, however, in the very idea of process,
the requirement of a limit, beyond which the activity of the party cannot
31
advance...." invasion of the legal sphere of the other party..." Which means that
the parties cannot exceed their rights and harm their opponent, because they
would be incurring procedural recklessness and bad faith.
The specific definition of party procedural acts is found in Article 129 of the Civil
Procedure Code. The procedural act of a party comes from the will of the
plaintiff, defendant or legitimate third party. On the other hand, the procedural
fact does not come from the will of the parties or the Judge, but rather is beyond
the control of the parties or the Judge; Since it is an involuntary but lawful event,
in the latter case it would be a procedural event, the death of one of the parties.
FORM OF THE WRITINGS .
The document presented to the process is subject to the following regulations

(considered in art. 130 of the CPC):
1. It is written on a typewriter or other technical means.
2. A space of no less than three centimeters is kept blank on the left margin
and two on the right.
3. It is written on one side and double spaced.
4. Each interested party will number their writings consecutively.
5. The order will be added to the top right.
6. If the document has annexes, these will be identified with the number of
the document followed by a letter.
7. The Spanish language is used, unless the law or the Judge, at the
request of the parties, authorizes the use of Quechua or Aymara.
8. The wording will be clear, brief, precise and directed to the Judge of the
process and, if applicable, reference will be made to the number of the
resolution, document or annex that is cited.
32
9. If the writing contains other yeses or similar formulas, these must contain
requests independent of the main one.
The aforementioned article 130 of the Civil Procedure Code is consistent with
what is stated in the first article of Administrative Resolution NE 014-93-CE-PJ,
which establishes that in places where captive defense exists, the writings that
the parties and third parties present in Judicial processes, regardless of their
subject matter and amount, will be subject to the following characteristics:
1. The folio will have the following dimensions: 21 cm. by 29.7 cm. (A4
size).
2. It is written on a typewriter and other equivalent technical means, on one

side, double spaced, and must be presented in original to the Chamber or
Court, accompanying as many copies as parties or third parties must be
notified.
3. They must be kept blank, without writing or signature, no less than three
centimeters on the left margin and two on the right.
4. In the upper right part of the documents the following will be indicated in
descending order: name of the secretary, if applicable; file number; notebook of
the file in which the document is presented; numbering of the document in the
order corresponding to that in which they are successively presented by the
party; and summary of the request (for example, complaint, response to the
complaint, offering of evidence, appeal of the order, appeal of the sentence,
etc.).
5. The Spanish language will be used, unless the law or the Judge
authorizes the use of Quechua or Aymara.
6. The writing will be clear, brief and precise.
If applicable, reference will be made to the number and date of the resolution,
document or annex cited.
7. In other yeses or similar formulas that contain orders, these must be

independent of the order in the main one.
33
8. If annexes are presented, they must be expressly identified and

mentioned in the document with the identification that corresponds to the annex.
For example: Annex 1, or Annex 4 of document 3.
9. In addition to the signature of the party, the originals of the writings must
contain the name, signature and membership number of the attorney who
authorizes it.
The copies must contain, in addition to the party's signature, the name and
membership number of the lawyer who signed the original.
COMMUNICATION ACTS IN THE CIVIL PROCESS
GENERALITIES. APPROACH
In general, the authors agree in stating that the procedural acts in a process can
be: of the parties, of the court and of third parties; Of all of them, within the
court's acts, decision-making, documentation and communication can be
distinguished. In the latter, the main form of communication is notification.
The communicating function is necessary, for multiple reasons, and at the same
time the one that presents the greatest problems, because with all the
technology of a globalized world, the procedural systems of the various
countries still do not overcome the problems that are generated in a judicial
process, which They range from the choice of the communication or notification
system that should be adopted, to the definition of the quality or condition of the
people who must fulfill such function.
IMPORTANCE AND PURPOSE OF THE NOTIFICATION
Of all the communication acts that are carried out in the Courts or Tribunals
(official letters, notifications, memoranda to staff, exit tickets or permits, etc.),
the most important is the procedural act of notification, since without this act the
communication of orders or resolutions would be secret and the parties would
lack the opportunity to contradict or challenge them, and therefore they would
be prevented from exercising their Constitutional right of defense. Therefore, a
34
general rule, under which the jurisdictional bodies act, is that no resolution can
be fulfilled or executed, nor remain firm or enforceable, without having first been
notified to all the parties, except for some decrees of mere procedure that the
law authorizes. , or resolutions that refer to precautionary measures or arrest
warrants that are executed before notification to the party affected by the
measure.
An imperfect or false notification can cause enormous economic and personal

(moral) damage to the parties to the judicial process, since their most personal
rights (name, address, image, privacy, honor, etc.) are aired and defined in
them. ), passing through your family rights (parental authority, children,
guardianship, food, marriage, etc.), to your property rights (property,
possession, assets, debts or credits, inheritances, etc.).
For all these reasons, it is necessary and required that this act be the most
perfect, safe, transparent, reliable and effective.
Regarding its essence and primary purpose, it is to guarantee defense in court.
It complies with making effective and giving exercise to the principle of

adversarial or bilaterality, since both parties, being on equal terms, must be
aware of all resolutions or procedural acts - except for certain exceptions
dictated by the jurisdictional body to which their case is subject. conflict.
All these concepts are relevant, as they help us to have a better interpretation of
articles 133,134 and 135 of the civil procedure code.
Article 133.- Copy of document and annex.-
In the case of documents and annexes on which any of the resolutions cited in
article 157 must fall, whoever presents them must attach as many simple copies
of both as the interested parties must be notified.
The corresponding Jurisdictional Assistant will verify the conformity and legibility
of the copies.
If he does not find them in accordance, he will order their replacement within
twenty-four hours, under warning that the document will not be submitted.
35
Any claim regarding the suitability of the copies will be resolved by the Judge on
the day, by unchallengeable resolution.
Let's see:
This article is aimed at facilitating the defense of the parties, by requiring them,
as a formal requirement for the admissibility of certain writings, that they be
accompanied by their respective copies.
This requirement operates when any of the resolutions listed in article 157 of
the Code must fall on the writings.
These copies are simple and will correspond to as many interested parties as
must be notified.
The rule orders the control of the copies to the jurisdictional assistant, who not
only verifies the number of these but also their legibility.
If you do not find them in compliance, you will order their replacement within
twenty-four hours.
If the omission is not corrected within the next day, understood as twenty-four
hours, the document will be considered not presented, without requiring prior
notice, ordering its return to the interested party.
The content of the article does not contemplate the possibility of not
accompanying the copy of documents whose reproduction would be difficult due
to their number, length or any other acceptable reason; However, the judge
could resolve the request formulated in the same document, dictating the
necessary measures to relieve the other party of the inconveniences derived
from the lack of copies.
The reason for the copies of the documents and annexes is to allow, in a better
way, to make viable the principle of bilaterality that operates in every process,
which consists of making the counterparty aware of every request or request so
that it can exercise, if you wish, your defense.
36
To notify the orders, copies of these and their annexes, if applicable, are
required for their future transfer to the opposite party, through the notification
act (see in this regard article 134 of the CPC).
Article 134.- Delivery of copies.-
In the act of notifying the respective resolution, the copies referred to in the first
part of Article 133 will be delivered to the opposing party.
Let's see:
The notification is an act of procedural communication, by which the parties and

other interested parties are made aware of the judicial rulings to materialize the
adversary.
Copies of the documents and writings are attached to the notification act in
order to facilitate the defense of the parties; For this reason, Article 133 of the
Code requires, as a formal requirement for the admissibility of certain writings,
that they be accompanied by their respective copies.
Note that the delivery of copies to the opposing party occurs in the notification
by document, as referred to in article '133 of the CPC.
The ID is a public instrument issued by a judicial official to notify the parties,

their representatives or third parties involved in the process of a judicial
resolution.
It is made up of the original, which is added to the records and fulfills the
function of proving the initial term of the period that will run according to the
nature of the procedural act that is transmitted; and one or more copies, which
serve as a means of communication or information to the notified party.
Article 135.- Proof of receipt.-
37
The party or legitimate third party may demand that the judicial assistant return
a sealed copy of the document and its annexes, indicating the day and time of
its presentation.
Let's see:
This article regulates the charge of the writings.
A charge can be called the act by virtue of which the judicial assistant records,
at the bottom of every document presented or communication addressed to the
court, the day, year and time in which the presentation or reception was verified.
Although the standard does not refer to the year or month, we consider this
important for the concept of a certain date.
The proof of receipt gives a certain date to the writings and communications,
which makes it possible to determine whether or not a procedural act has been
completed within the corresponding period and, on the other hand, to indicate
the beginning of the periods that the law confers on the judicial bodies to issue
certain types of resolutions.
The standard does not require the identification of the assistant or his or her
signature in the receipt document; It only requires a "stamped copy indicating
the day and time of presentation."
In this regard, there are criteria that question the ineffectiveness of the position
if it is not accompanied by the signature of the secretary or assistant.
It is said that said omission does not prevent assigning effects to the charge, if
the personnel authorized to receive it informs that the writing was left in the
office on the day and time in which it is recorded and no falsehood or
inaccuracy is alleged or demonstrated.
Now let's see: let's look at some topics related to captive defense:
CAPTIVE DEFENSE
38
Article 132.- Captive defense.-
The writing must be authorized by a registered Lawyer with a clear indication of

his name and registration number. Otherwise the process will not be granted.
Let's see:
1. The article is related to the practice of law, which has its origins in the need to
have the assistance or advice of specialized people, for the treatment of
disputes, through Law.
The primary function of the lawyer is to serve the Law and therefore justice.
The lawyer is a servant not only of his client but also of the social order, by
clarifying, establishing and developing the norms that govern the acts and
conduct of other citizens.
Article 284 of the Organic Law of the Judiciary establishes this by stating that
"LAWYER IS A SOCIAL FUNCTION AT THE SERVICE OF JUSTICE AND
LAW."
According to the dictionary of the Spanish language, a lawyer is: "the person
legally authorized to defend in court, in writing or orally, the rights or
interests of the litigants and also to give an opinion on the legal questions
or points that are consulted."
2. Every document presented by the parties to the process must be authorized

by a registered lawyer.
Note that the norm does not distinguish the seat of the association with the
place where the law will be practiced, however, this omission was regulated by
article 285 of the Organic Law of the Judiciary, which required being registered
in the association of lawyers of the corresponding judicial district, and if there is
none, in the nearest judicial district".
There was therefore a budget of territorial congruence that operated for the
exercise of the profession and the seat of the membership that was
corroborated with the clear indication of the name of the lawyer and the
registration number in the respective bar.
39
Subsequently, this territorial restriction was changed in November of the year
1992, through DL Ne 25873, allowing the practice of law throughout the territory
of the republic without requiring prior registration in the bar association of the
judicial district where it will be practiced.
In that sense, Res. Administrative Ne 1O4-CME-PJ of 05/31/96 that modified

Res. Administrative Ne 052-CME-PJ specified that registration in the bar
association grants the right to "occasionally practice the profession in other
judicial districts", sufficient for this to be the presentation of the respective card
and proof of being able and up to date in the payment of their contributions at
the bar association of origin.
The omission of the identification of the lawyer and his membership does not
allow the procedure intended in the document to continue.
In the same way, it must be noted that even if the lawyer complies with the
formality required by this article, he cannot sponsor the lawyer who has been
suspended and disqualified from the practice of law, who is suffering a custodial
sentence and who has been removed from judicial office with the details
detailed in article 286 of the Organic Law of the Judiciary.
CONCLUSIONS
With respect to the form of procedural acts, we can conclude that all procedural
acts, whether they come from the jurisdictional bodies or from the parties, must
be subject to certain FORM requirements. This set of formalities is established
40
by the procedural rules in guarantee. of the best administration of justice and

security about the ways to achieve it, as well as to implement the principle of
equality of the parties in the process, and of adversary.
Another conclusion would be that the distinction between orders (or decrees)
and orders IS BASED ON THE GREATER OR LESS TRANSCENDENCE OF
THE ISSUES ON WHICH THEY FALL , a point about which the procedural
laws provide in detail.
Regarding notification, it can be concluded that notification, within the acts of

the jurisdictional body, is the MOST IMPORTANT ACT OF COMMUNICATION
THAT ALLOWS THE EXERCISE OF THE RIGHT OF DEFENSE AND MAKES
THE CONTRADICTORY OR BILATERAL PRINCIPLE EFFECTIVE.
Furthermore, due to the nature of the notification act, it is one of an

autonomous and formal nature.
The notification system of the Peruvian Civil Procedure Code contains general
and special rules; It partially maintains the principle of real knowledge (by ID),
and an exceptional or special system (including by note); However, the judge is
empowered to order notification by document of those resolutions that he
considers important or transcendent.
Finally we will conclude that the procedural acts carried out by the procedural
subjects, mainly by the parties and the judge, are the result of the combination
of the valid requirements for the expression of will of the subjects who appear,
on the one hand, before the court. jurisdictional body to assert the action and
claim, and in its defense to raise the necessary exceptions, that is, as plaintiff
and, respectively, defendant; which together make up the parts that submit to
the authority and direction of the judge as a public official in the administration
of justice, called to resolve social conflicts.
The constitutional norm points out procedural efficiency by referring to the fact
that the process as an instrument for carrying out justice must be governed by
procedural laws for the simplification, uniformity and effectiveness of the
procedures.
41
Therefore, the form, place and time of the procedural acts (which also have
relevance in the procedural activity) are the conditions that the various actions
must meet, and to which the legal facts that may arise in the case are also
subject. course of the process.
Thus, the gradual and consecutive development is demonstrated, based on

predeterminations or principles indicated by the Law, such as the principle of
writing that dominates the series of acts of the parties and the courts.
The principle of legal consecutive order with preclusion phases to provide

certainty to the formalities completed in time on the days, hours or periods
provided for the fulfillment of the proceedings; coupled with other principles or
formalities where the relationships between the procedural subjects converge to
characterize the process from the beginning, intermediate phases, to its
common result: the sentence based on what is alleged and proven in the
record.
RECOMMENDATIONS
For a long time it was attempted to recognize Quecha, Aymara and even the
native languages of the jungle area as official languages for procedural actions,
without any success, for which I WOULD RECOMMEND that a certain number
42
of lawyers and Magistrates be trained, less in the native language of our

ancestors (Quechua-which is recognized as the 2nd official language, DL
21158) in order to facilitate the administration of justice in places and human
groups where the use of this language predominates.
After researching texts and analyzing concepts related to the forms of

procedural acts, we would dare to strongly RECOMMEND to every career
LAWYER and MAGISTRATE or future man of law, internalize in the depths of
their being the concept that: IN THE LACK OF COMPLIANCE OF THE
FORMS , constitutes, therefore, a defect in the procedural acts of the
jurisdictional bodies and the parties, and consequently represents the most
frequent defect, which mostly results in the invalidity of the procedural acts.
And at the same time these produce the NULLITY or CANCELLATION of the
procedural acts of the jurisdictional bodies and the parties.
I say this because nullity has special relevance in procedural acts, since each of
them must strictly comply with the substantive and formal requirements that the
procedural law requires of them and this does not happen, they will be VOID or
VOIDABLE, which means that prevents the damage that would follow from
perfecting the vice.
Finally, we must understand that failure to comply with the prescribed

requirements alters the coordination and subordination of the principles on
which the procedural activity is based, and the effect of the act itself weighs, in
this case, in a negative sense, in the balance that must be result in JUSTICE.
Finally we will say that the mismatch of the process to the procedure authorizes
the injured party to annul procedural acts or the entire process as appropriate.
It is THE FORMALITIES of the process that contain the procedural guarantees

that give full effectiveness to equality before justice
43
BIBLIOGRAPHY
 RIOJA BERMUDEZ, ALEXANDER (Doctrinal and jurisprudential
information on civil procedural law). Ob. Cit.
 JURIST EDITORS (Civil Procedure Code) pag. 455.
44
 AZULA CAMACHO, book Manual of Procedural Law Volume I General
Theory of the Process, Editorial Temis 2000 Seventh edition.
 MONROY GÁLVEZ, Juan. Introduction to Civil Procedure, Volume I,
Temis, Bogotá. , 1996
 Véscovi, Enrique: GENERAL THEORY OF THE PROCESS, 2nd
updated edition, Editorial Temis Santa Fe de Bogotá, 1999.
 Parra Quijano, Jairo: CIVIL PROCEDURAL LAW, Editorial Temis, Santa
Fe de Bogotá.
 Cabanellas, Guillermo: ENCYCLOPEDIC DICTIONARY OF USUAL
LAW, Editorial Heliasta, Volume V JO, 24th edition, Buenos Aires, 1996.
 Alzamora Valdez, Mario: CIVIL PROCEDURAL LAW. GENERAL
THEORY OF THE PROCESS, 8th Edition, Ediciones Eddili, Lima.
 Echandía, Devis: GENERAL THEORY OF THE PROCESS, Editorial
Universidad de Buenos Aires, Buenos Aires, 1985
 Monroy Cabra, Gerardo: PRINCIPLES OF CIVIL PROCEDURAL LAW,
Editorial Temis SA, Santa Fe de Bogotá, 1988.
 Marianela Ledesma Narváez: MANUAL OF THE PERUVIAN CIVIL
PROCEDURE CODE.
45

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FORM OF PROCEDURAL ACTS CIVIL PROCEDURAL LAW I-UDCH

It is a clear example of how important formality is.

THE FORMAL ELEMENT OF THE PROCEDURAL ACT

In the inquisitorial process, formalism acquires such rigidity that every

Regarding time, it is of fundamental importance to indicate the moment in which

FORM OF PROCEDURAL ACTS

In order to distinguish them properly we will divide it into chapters:

FORMS OF THE JUDGE'S PROCEDURAL ACTS

 Abbreviations: Both in Judicial proceedings and in their Resolutions, you

process be stated in full words; For example, it is not allowed to use

 Dates and amounts in letters: When drafting resolutions and judicial

 You cannot interpolate or juxtapose: It is not allowed to juxtapose or

For Rosenberg, «... a resolution is the pronouncement of the legal

CONTENT OF JUDICIAL RESOLUTIONS.

In the Knowledge process, it can be promoted as means of defense, such as

3. Factual and legal foundations: Among the procedural forms regarding

5. Plate for compliance: If the Order or Judgment sets a deadline for

6. Condemnation of costs and costs: In the Judgment, as a formality

SUBSCRIPTION OF THE RESOLUTIONS

As a procedural formality, a Resolution must be signed by the Judge and the

 The Decrees: which are issued by the Jurisdictional Auxiliaries, are

 The Sentences: Complete signature of the Judge or Judges.

(procedural) assumptions contemplated by the law occur..." (OLIVA ; and

 The admissibility or inadmissibility and the admissibility or inadmissibility

 The admissibility or inadmissibility and the admissibility or inadmissibility

 Conclusion of the process

 The forms of special conclusion of the Process.

• Conciliation (Arts. 324 and 325 CPC)

• Search and Recognition (Art. 332 CPC).

• Judicial Transaction (Art. 337 CPC).

• Withdrawal (Art. 343 and 344 CPC).

• Abandonment of the Instance (Art. 346 CPC).

 The granting or denial of the means of challenge is resolved: resources

 The admission, inadmissibility or modification of measures is resolved.

 precautionary measures (judicial or conservative seizure, seizure in the

The operation by which, given a general norm, it is determined what conduct

The syllogism is the instrument of reason and is born from judgment.

The Judge motivates to decide and motivation is nothing but reasoning.

Piero Calamandrei, referring to the sentence, has the following chronological

1. Preliminary examination of the significance of the facts.

2. Interpretation of test results.

3. Assessment of these results.

4. Construction of the specific fact, based on the singular factual judgments

5. Comparison of the specific fact, the certainty of which has been

6. Determination of legal effect.

Capograssi, quoted by Jorge Urquizo Pérez, affirms that the sentence is a

Everything that precedes is to establish the evolution of the sentence in the

They configure a modality of declaratory sentences, which generally produce

Condemnation sentences are characterized because they also declare the

Right, the action aimed at obtaining its coercive execution.

SENTENCE IN THE CIVIL PROCESS.

Regulating the procedural forms, it is established that in its writing it must be

In reality, in the introductory part, a sentence must contain the designation of

In the considering part, the Judge makes an assessment of the evidence, in

MOTIVATION FOR SENTENCES.

As a Procedural principle of the Administration of Justice, the motivation of

Piero Calamandrei, in his work, Process and Democracy, states: "Motivation

The motivation for the sentence constitutes a Constitutional guarantee and is

Theories: In relation to the procedural institution that establishes res judicata,

d. Theory of Francisco Carnelutti.- This writer maintains that the authority of

Precisely because the decision is a legal fact, it produces the transformation of

The difference is in the immutability and definitiveness of such a statement of

One of the characteristics of the jurisdictional function is that it is definitive, that