stage5

civil AND
The
ITS
process
 The
process
process, also called litigation, is the sequence of acts that progressively
unfold with the aim of resolving, through an authoritative judgment, the
conflict submitted to a court's decision.

In a broad sense it is equivalent to a trial, cause or lawsuit. This is also the

name given to the sequence of phases or procedural moments through which
a trial is carried out.

In a more restricted sense, the file, records or file in which the acts of a trial
are recorded, whatever their nature.
 The object or purpose of the process
It insists that through the issuance of a ruling or a sentence a conflict of
interest is eliminated.

For the study of the end or object of the process, the doctrines have been
grouped into two fundamental currents, the subjective and the objective.

subjective current
This current is what has been called the private conception of the process,
which aims to define or resolve controversies between the parties; That is, it
conceives the process as a discussion held by two or more people with
opposing interests.
 Objective current
This current structures the conception of the process on the basis that its
purpose is the performance of substantial law. Notwithstanding this, it must
be taken into account that the existence of the process is not essential for
the objective or substantial right to be manifested, since this action can be
obtained without resorting to the process, as occurs in the voluntary
compliance of the obligation.

Taking both currents into consideration, it can be said that the true object of
the process, considering the actions of the judge and the parties, is that
where the restoration of legal order is sought and it is declared whether an
abstract will (the law) can protect a concrete situation (individual interest).
 Civil process
The one that is aired and resolved by the ordinary jurisdiction and
on issues of Private Law in their essence.
Civil Procedural Law
The branch of legal science that studies the nature, development
and effectiveness of the set of legal relationships called civil
process.
It can also be said that it is the branch of legal science that studies
the constitution, nature, development and effectiveness of the civil
process.
 Classification of processes
For its content
For its function
Because of its structure
For its content
The processes are distinguished by the subject matter of law in dispute; civil, criminal,
family, etc., in turn are classified as universal and singular.
The universals
They are distinguished by the plurality of parties, the jurisdiction of attraction, the
accumulation of processes and the existence of claims with diverse amounts.
For example: Voluntary bankruptcy, necessary bankruptcy, bankruptcy and
authorization, all of them within the collective execution.
 the singular
These, unlike those, are based on the fact that, although there are several actors or
defendants, they have a single claim; but there are also singularities of parties,
whether actor or defendant.
For example: An ordinary divorce trial.

Because of its function

This classification refers to the function that the process fulfills. This is one of the
divisions or classifications that follow in the Civil Procedure Code, since they are divided into
knowledge, execution and precautionary.
The profiles of the knowledge and execution processes are easily distinguishable, since it is
the way in which the jurisdictional function is carried out.
First it happens the declarative process that establishes a right (of knowledge) and
then it is executed, that is, the execution process begins.
 and knowledge
Knowledge processes are also called cognition, they seek the declaration of a
controversial fact.
1. Ordinary Trial Art. 96 CPCyM
2. Oral Trial Art. 199
3. Summary judgment Art. 229
4. Arbitration Trial or Arbitration, Arbitration Law

Of execution
They are those that, through a judicial request, comply with a previously established
right, the satisfaction of an unfulfilled obligation or the forced fulfillment of pre-
established claims.
Of unique execution Arts. 294 and 327 CPCyM Special executions Arts. 336, 337, 338
1.
and339 3. Execution of sentences Arts. 340 and344
2.
. Collective executions Arts. 347, 371, 379 and 398
 or it should be forgotten that knowledge processes are classified as:
Declarative
Constitutive
Of course, precautionary measures have not been fully recognized by
doctrine or law, since they are called precautionary measures or provisions;
Its purpose is to guarantee the results of a future process; They also have
the characteristic that they arise in audita parte , that is, without hearing the
opposing party.
Due to its structure
The authors Alcalá-Zamora and Castillo do not take them in terms of the way
in which they are developed, but rather in terms of whether they are
contentious or not.
Yes, we have processes with or without contradictory. For ex. Voluntary
jurisdiction processes Art 401 CPCyM.
 Voluntary jurisdiction
It is characterized by there being no controversy between the parties, nor even
requiring their duality. The antithesis of voluntary processes is contentious.

That is why voluntary jurisdiction processes can become contentious; In effect, art
404 establishes that if the request is opposed by anyone who has the right to do so,
the matter will be declared contentious, so that the parties can go to where it
corresponds to deduce their rights.
 This classification is based on the subordination that exists from one process to

By subordination
another; For this they are divided into main and incidental processes.

When talking about subordination processes, it happens when an incident is

substantiated within a main process (trial of knowledge or execution). For example,
an incident of prior exceptions, nullity, third parties, etc.

Among the incidentals are those of successive substantiation, that is, they do not stop
the normal progress of the process (incidents in a separate chain); and those that do
interrupt their course until it is resolved.
Ex. Arts. 136 and 137 of the Judicial Branch Law.
 Characteristics of the civil process
When we talk about characteristics, we must refer to those elements that
distinguish this particular process; These make him a figure that has a series of legal
obligations concatenated to develop the procedure in an orderly manner and within a
framework established in the law.
It is based on procedural principles. Which must be compulsorily observed by the
1.
judge and the procedural parties.
The parties, there must necessarily be a plaintiff, this being the person who initiates the
2.
process. And a passive subject, against whom the lawsuit is filed.
. It is requested, because in the majority of proceedings, it is the parties who ask the
judge.
It is formalistic, since the law regulates the strict formalities that the parties must
comply with at the different stages of the process.
 Stages of the civil process
The application
t
The development
o.
The conclusion
b.
The challenge
c.
d.
Postulatory Stage
It is also called initiation of the process. Within this stage we have the claim, the
admissibility requirements, the location and its material and procedural effects, the
modification or extension of the claim and the prior exceptions.
Regarding the claim and its admissibility requirements, we find them in articles 61, 106,
107 and 108 CPCyM.
The summons consists of the effective act of notification in which the opposing party is
made aware of the content of the claim. Art. 112 CPCyM.
 The modification of the claim includes that stage of the process, within the
initiation, where the defendant, having made an error in his application, may modify
the facts on which he based his claim.
The extension will occur when the defendant, having omitted important facts or
circumstances, may expand the claims of his claim; In any case, it must be done
before the defendant assumes the procedural attitude of answering the complaint. Art.
110 CPCyM.
The exceptions consist of that procedural attitude in which the defendant either
purifies the process or files them attacking the merits of the matter.
Development stage
The entire civil process unfolds through this stage. Here we find the answer to the claim,
peremptory exceptions and the evidence.
The answer is an attitude in which the defendant contradicts the plaintiff's claims.
 Peremptory exceptions can be raised together with the response or separately. Arts.
118 and 120 CPCyM. This is another of the attitudes that the defendant can acquire
towards the plaintiff's claim.
Proof consists of that stage of the process where the parties present, before the
judge, those means of conviction that will serve to demonstrate their respective
propositions of the facts expressed, either in the complaint or the answer. Arts. 106,
107 and 126.
Conclusion stage
At this stage the process is considered completed. Here we find the hearing and the
sentence.
At the hearing, the parties present their conclusions before the judge, regarding
everything that happened during the development of the process.
And in the sentence it is the procedural moment in which the judge issues his ruling;
Within the sentence, the judge will evaluate the evidence that was actually provided
in the process.
 Challenge stage
This stage can occur at different stages of the process. It can occur within the
development of the process itself (procedural remedies) or after the sentence has
been issued (remedies).
In the case of procedural remedies, they are those means of challenge, in which the
parties show their disagreement before the same judge who issued the resolution; and
it is he himself who knows and resolves.
In the case of appeals, this stage of the process will no longer be in charge of the judge
who issued the ruling or sentence, but rather it will be heard by the so-called collegiate
courts or Chambers of the Courts of Appeals of the Civil and Commercial branch.

Postulation Developm Conclusion Challenges

ent
challenges