LAW SCHOOL

PROFESSIONAL SCHOOL OF LAW

University
Continental
COURSE:
CIVIL PROCEDURAL LAW I

ISSUE:
FINAL EVALUATION

STUDENT:
CAPARACHIN CONDOR, MAYRA EMILY

PERU – 2023
HUANCAYO

Development:
 Y FROM THE ATTACHED JUDGMENT THIS STATES: 1.1 REQUEST
O
Celestina América Jimenez Caballero, files annulment of the Legal Act of Public
Deed contained in the Public Deed of sale of rights and shares dated September
twenty-six, two thousand five executed between Felix Caballero Veliz as seller, in
favor of Carlos Montalvo Sales in condition of buyer regarding the property located
Jr. Agustin de Jáuregui N° 316, third floor N° 302, La Victoria District, Province and
Department of Lima, with an area of 28.95 m2. He maintains that he granted power
of attorney jointly with his brothers in favor of his parent Yolanda Caballero Véliz,
widow of Jiménez, so that she can represent them in all the procedures and
procedures of the Succession of Antonio Jiménez Romero, also empowering her to
dispose of his assets on an onerous basis and to substitute all or part of the powers
granted in third person, document that is registered in File number 262701 and the
Electronic Record

1.2 PROCEDURAL PARTS

1. Plaintiff: Celestina América Jimenez Caballero
2. Defendants:
Felix Caballero Veliz
Carlos Montalvo Sales
3. Supreme judges:
✓ HUAMANI LLAMAS
✓ MENDOZA RAMIREZ
✓ VALCARCEL SALDAÑA ✓ MATAMALA HAIR ✓ MIRANDA MOLINA
1.3 SUBJECT

Cassation appeal in civil matters. Nullity of a legal act that is contemplated in

our civil code in Title IX: Nullity of the Legal Act.

Causes for lack of expression of will of the appellant, physically and legally
impossible object, illicit purpose, absolute simulation and that the act does not
take the prescribed form under sanction of nullity included in sections 1, 3, 4, 5
and 6 of the article 219 of the Civil Code

1.4 ACCESSORY PRETENTIONS

1) Nullity of Public Deed contained in the Public Deed of sale of rights and
shares dated September twenty-six, two thousand five executed between
Felix Caballero Veliz as seller, in favor of Carlos Montalvo Sales as buyer
with respect to the property located Jr. Agustin de Jáuregui N° 316, third
floor N° 302, La Victoria District, Province and Department of Lima, with an
area of 28.95 m2. He maintains that he granted power jointly with his
 brothers in favor of his parent Yolanda Caballero Véliz, widow of Jiménez,
so that she can represent them in all the procedures and procedures of
Antonio's Succession.

Jiménez Romero, also empowering her to dispose of her assets for

consideration and to replace all or part of the powers granted in third
person, document that is registered in File number 262701 and the
Electronic Record

2) Nullity of the Public Deed as Félix Caballero Veliz has exceeded the powers
granted to him by his mother Yolanda Caballero Veliz, widow of Jiménez,
through the Power of Attorney of May thirty-one, one thousand nine
hundred and ninety-seven to subscribe said contract as to the date of the
sale on September 26, 2005, the power had already died because his
mother died on February 27, 2005 in the City of Chicago (United States of
America).

He presents the following as the main reasons for his request:

✓ Regarding the first legal act, it invokes the grounds that it is void as
said power is out of force, so that it becomes effective as the seller
lacks the necessary powers to carry out the Purchase and Sale
Contract in favor of the co-defendant; maintains that the
defendant Félix Caballero Veliz sold the property to the tenant, the
co-defendant Carlos Montalvo Sales, and he in turn also knew of
the death of his tenant because the rental contracts specified that
Félix Caballero Veliz was the authorized representative of the
property. Yolanda Caballero Veliz, widow of Jiménez.
✓ The following demands annulment as Félix Caballero Veliz has
exceeded the powers granted to him by his mother Yolanda
Caballero Veliz, widow of Jiménez through the Power of Attorney of
May thirty-one, one thousand nine hundred and ninety-seven to
subscribe said contract regarding the date of the sale on September
26, 2005, the power had already died because his mother died on
February 27, 2005 in the City of Chicago (United States of America).
✓ The purchase and sale contract has been made without having a
valid power of attorney upon the death of Yolanda Caballero Veliz,
widow of Jiménez, her mother, that is, the rule has been
improperly applied; alleges that there has not been a due
application of the norm established in sections 1 and 4 of article
219 of the Civil Code in direct accordance with the Political
 Constitution of Peru, observance of due process and effective legal
protection enshrined in section 3 of article 139 of the Political
Constitution of Peru.
✓ Finally, it states that the last two acts of disposition are void due to
lack of power over the purchase and sale.

1.5 CONTROVERSIAL POINTS

By resolution dated 886 – 2015, the controversy lies in:

1) It consists of establishing whether the co-defendant Félix Caballero Véliz,

by substitution of power carried out by Yolanda Caballero Véliz, widow of
Jiménez, mother of the appellant, entered into a Purchase and Sale
Contract with the co-defendant Carlos Montalvo Sales regarding the
property.
 2) Establish, based on what is determined in the previous point, when the
power held was not in force since the deceased Yolanda Caballero Véliz,
widow of Jiménez, died on the twenty-seventh of February, two thousand.
3) Establish that Félix Caballero Veliz had exceeded the powers granted to
him at the time by his sister Yolanda Caballero Veliz, widow of Jiménez,
through the power of attorney on May 31, 1997, since if the facts have
been determined as of the date of sale.

II. WRITE A COMPLAINT FOR INTERDICTION, YOU MUST STATE THE FACTS. TAKE INTO
ACCOUNT Art 424-425 of the Civil Procedure Code and those referring to
INTERDICTION

SPEC. LEGAL: Mr.

FILE: N° -2022
MAJOR
WRITTEN: N° 01
SUMILLA: Files a request for interdiction

LORD JUDGE OF THE SPECIALIZED FAMILY COURT OF JUNIN. -

ALEX HUMBERTO HUMPIRI CHAVEZ identified with

CAP N° 4565 representing the staff of OLIVER ITURRAL
PECHO identified with DNI N° 70565633, domiciled in
Jr. Las Magnolias n°545, of the Urb. San Fernando,
District of Tambo, Province Huancayo, Department of
Junín, with Cell No. 989541281, indicating the
procedural address in Jr. Pachacútec 323 and
ELECTRONIC BOX N° 45689, with email
condorasociados@gmail.com , (suitable for hearing
through Meet), to you, in due form I say:

I. DEFENDANTS

A. Oliver ITURRAL PECHO who will be notified with the legal formalities in Jr.
Las Magnolias n°545, of the Urb. San Fernando, Tambo District, Huancayo
Province, Junin Department, in his condition of relative incapacity due to
his condition as a habitual drunk.
B. Javier ITURRAL CONDOR, who will be notified with the legal formalities in
the Jr. Los Sauces 456 Urb Pachacutec, District of Tambo, Province
Huancayo, Department of Junín, in his capacity as father of the
incapacitated person.
C. Elva CONDOR CAMPOS, who will be notified with the legal formalities at
123 San Jacinto Street, Urb. The Sunflowers, in their capacity as mother of
the incapable.

I appear at your office to file the claim for CIVIL INTERDICTION, in order to
declare the relative incapacity of my brother Oliver ITURRAL PECHO, and in
turn declare me his CURATOR, as an accessory original claim.

II. REQUEST
III. FACTS ON WHICH I BASED MY CLAIM

FIRST. - That the appellant is the brother of Oliver ITURRAL PECHO, which he
reliably accredits with the certified copy of the petitioner's birth certificate, thus
demonstrating the bond of consanguinity that unites them, as their names are
recorded in both certificates. parents.

SECOND. - That, my brother Oliver ITURRAL PECHO has constantly consumed

alcoholic beverages since he was 16 years old, currently at 42 years of age he has
become a habitual alcoholic, consuming alcoholic beverages daily. On several
occasions he was admitted to the non-profit institutions of Alcoholics
Anonymous El Tambo, however, he always relapsed and began to consume
alcohol again.

THIRD. - That, as of this date, my brother Oliver ITURRAL PECHO occasionally

lives in my parents' house and that due to his lifestyle he usually lives on the
streets due to his drunken condition, which limits his ability to make decisions.

ROOM. - That, my parents Juan ITURRAL JAVIER and Maria PECHO ARIAS, are
people who are of adult age and due to promises of change they have made the
decision to deliver a property to Oliver ITURRAL PECHO located in Jr. Malecón
545 -El Tambo. They made this decision without considering that my brother is a
habitual drunk who cannot even make clear decisions and the most likely thing is
that said land will be sold and wasted.

FIFTH. - That, the plaintiff has always dedicated himself to the care of his
brother, together with his parents, in everything concerning his care and
maintenance. And given that my parents are of legal age and due to the need to
protect my brother due to the condition he is in and his presentation in the acts
of daily life, I request that his INTERDICTION be declared, and name me as your
CURATOR, GUARDIANSHIP being a protective figure of the relative incapacitated
person.

IV. LEGAL BASIS OF THE REQUEST

1. DOCTRINARY FOUNDATION

• Borda in his Manual of Civil Law believes: “That , with

respect to interdiction, the basis of this figure of
limitation of capacity is the protective purpose with
respect to the incapacitated person.” Likewise, it points
out: “That the curator is nothing more than the
consequence of the interdiction, with the purpose of
carrying out certain acts.”

• ART. 44th inc. 6th, They have restricted exercise capacity:

Habitual drunks.
• ART. 564°. “ Which determines that people subject to
GUARDIANSHIP are those referred to in articles 43, inc. 2 and 3
and 44°, inc. 2 to 8 (emphasis added).
• ART. 565° inc 1, “Which states that guardianship is instituted for
incapable persons of legal age.”
• ART. 569°inc.5, “ Which empowers the appellant to be CURETOR
as he is the BROTHER of the incapable person.”

2. CIVIL CODE
 3. CIVIL PROCEDURE CODE

• ART. 424° AND 425° “Which indicate the requirements that a

claim must meet, as well as the annexes.”
• ART. 546° inc. 3, “This claim is processed in a summary
process.”
• ART. 547°, “Civil Judges are competent to hear summary
proceedings on cases of Civil interdiction.”
• ART. 581°, “In which it establishes when the claim for Civil
Interdiction is appropriate and against whom it is directed.”
• ART. 582° inc. 2°, “ Which states that as a specific annex the
medical certificate that certifies the defendant's state of
disability must be attached to the complaint.

V. PROCEDURAL ROUTE:

The present claim must be processed in accordance with Article 546,

paragraph 3 of the Civil Procedure Code, in which the procedural
route is that of the SUMMARY PROCESS.

VI. AMOUNT OF THE REQUEST

It is priceless in money due to the very nature of the process.

VII. EVIDENCE MEANS

1) Certified copy of the Birth Certificate of Oliver ITURRAL PECHO.

With this document that would prove the blood relationship
between the appellant and my brother.
2) My brother's non-profit Alcoholics Anonymous Junín health
condition report. With this document it will be proven that my
brother is a habitual drunk and has no symptoms of
improvement.
3) Ten (10) photographs of my brother. With these photographs you
can see the deplorable conditions in which he finds himself
because he is drunk every day.

1-A Certified copy of the Birth Certificate of Oliver ITURRAL

PECHO.
1-B Non-profit Alcoholics Anonymous Junín Health Condition
Report.
1-C Ten (10) photographs of my brother.

FOR THE EXPOSED:

You, Mr. Judge, I ask to admit the

presence of the claim and arrange its processing in accordance
with its nature.

2. CIVIL CODE