Secretary: Lawyer

File: No.
Notebook: Main.
Written: No. 01.
Sumilla: I file a lawsuit regarding : Absolute Nullity of the Legal Act contained in the Legitima Advance
Payment.

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LORD JUDGE OF THE JOINT COURT OF THE PROVINCE OF SAN ROMAN - JULIACA. (Shift)

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ANCELMO LAURA LAURA Of legal age, of Peruvian Nationality, married Marital Status, Identified
with National Identity Document number 02024956 with real address in Jirón Jr. Túpac Catari No. 212
of this city of Juliaca and indicating the Procedural address at Jirón Tumbes number 262 inside
4-A of the fence, to you, I respectfully state that:

Exercising the Right of Action, as well as, invoking Legitimacy and interest to
act, I appeal to your Office directly and personally, with the purpose of Requesting : Effective
Jurisdictional Protection, subjecting myself for all purposes to the rules that regulate DUE PROCESS .

NAME AND HOME ADDRESS OF THE DEFENDANTS.

EURIS LAZO YURA AND MARIA LARICO LAZO who have their real domicile in Jr. Túpac Amaru No.
1012 of this town of Juliaca.

I.- REQUEST :

I appeal to your Judiciary, with the purpose of filing a COMPLAINT, which

contains THE MAIN CLAIM REFERRING to;
THE ABSOLUTE NULLITY OF THE LEGAL ACT ON THE ADVANCE OF LEGITIMA, dated February
1, 3, 2015. Granted by the notary of Dr. Jesús Suni Huanca in favor of MARIA LAURA LAZO. for
failure to comply with the forms prescribed by law as established in article 219, paragraphs 4 and 6 in
accordance with article 1625 of the civil code; and,

ACCUMULATED CLAIM; in the original, objective and accessory form of:

1.-NULLITY OF THE INSTRUMENT CONTAINING THE LEGAL ACT,
QUESTIONED, CONSISTING OF PUBLIC DEED number 12,313 submitted to the Notary JESUS
SUNI HUANCA dated February 13, 2015. Awarded by ANCELMO LAURA LAURA AND EURIS LAZO
YURA in favor of MARIA LAURA LAZO. (Accumulation accessory to the main claim of nullity of the
legal act)

Consequently, in response to my just claims, I REQUEST THAT THE

JURISDICTIONAL BODY…

1.- DETERMINE; The INVALIDITY of the Legal Act of the Legitima Advance for lacking the
requirements established by law.
2.- DISPOSE; The Nullity and Ineffectiveness of the Public Deed, which contains the legal act,
questioned, the same as this signed number 12,313 submitted to the Notary JESUS SUNI HUANCA
dated February 1, 3, 2015 Granted by the ANCELMO LAURA LAURA AND EURIS LARICO LAZO in
favor by MARIA LAURA LAZO.
For such purposes and in order to obtain a valid ruling, I present the foundations of Fact
and Law in form; precise, with order and clarity.

II.- FACTUAL FOUNDATIONS :

FACT No. 01 .- . On February 1, 3, 2015, we have executed the LEGAL ACT ON THE ADVANCE OF
LEGITIMA, the same one that we carried out before the notary of Dr. Jesús Suni Huanca in favor of
our daughter MARIA LAURA LAZO and this was not carried out as prescribed by our standard.
adjective by virtue of the fact that the charges must be stated in said instrument, as it lacks the forms
prescribed by law, Since article 1625° of the Civil Code prescribes that the donation of real estate
must be made by public deed, with individual indication of the property or properties donated, of its
real value and that of the charges that the donee must satisfy, under sanction of nullity.

FACT No. 02.- The interest to act refers to the particular legal reason that induces the plaintiff to
demand the intervention of the State jurisdictional body in order to resolve the claims invoked in the
lawsuit.
The interest to act, in accordance with uniform and reiterated jurisprudence, is
established; due to the current and urgent need to go before a judge to resolve their conflicts, when all
possibilities of solving it in a different way have been exhausted.

FACT No. 03 .- . With the aim of living in harmony, I signed the advance payment from Legítima, with
the sole purpose that the beneficiary would ensure my existence until the last of my days. However,
contrary to all moral precepts, I have been constantly harassed in order to make me leave the
property that is the object of donation, going so far as to close the access doors to the roof where I
carry out my personal hygiene and wash my clothing. leaving me without the right to a room, much
less basic services. This reveals the illicit purpose of this act.

FACT No. 04 .- . Having produced the cause established in art 219 paragraphs 4 and 6, the nullity of
the legal act is addressed by the Court since it contravenes norms of an imperative nature or
mandatory compliance regardless of my good fraternal and filial intentions.
III.- LEGAL ORDER FUNDAMENTALS :

“The illegality of the legal act occurs if its effects, detached from the
expression of will, cannot receive the protection of the law, by failing to comply with the formalities
established by law.”
The substance of this matter is contained in the following regulations:

a.- Rules of Substantive Order.-

In accordance with what is indicated, by article 219 of the CC

The legal act is void.

Section 4.- .- When its purpose is illicit.

Section 6.- when it does not take the prescribed form under sanction of nullity.

Article 1625.- The donation of real estate must be made by public deed, with individual
indication of the property or properties donated, its real value and the charges that the donee must
satisfy, under penalty of nullity."

For it to be effective, the charges that the donee must satisfy must be indicated, under penalty of
nullity.

“The observance of the prescribed form under sanction of nullity. If a legal act requires for its
validity some solemnity provided for by positive law, this must necessarily be fulfilled;
Otherwise, if the legal act does not have such formality, it lacks validity. Legal acts of
prescribed form can in turn be classified into acts of prescribed form ad solemnitatem and
acts of prescribed form not ad solemnitatem, the former being those that have an exclusive
form prescribed by law under penalty of nullity, and the latter, They also have a prescribed
form, but the law does not establish it under penalty of nullity.

b.- Rules of Procedural Order.-

The same ones that are protected by the provisions of Art. 130, 131, 132, 133, 424,
425, of the Civil Procedure Code, as far as they refer; to the form of the document, subscription by the
litigant, authorization by a lawyer, copies for transfer, requirements and annexes to the lawsuit.
Art. I of the preliminary title of the CPC

IV.- AMOUNT OF THE REQUEST :

Since the main claim is of an eminently personal nature, leading to
obtaining the declaration of invalidity of a legal act, we conclude that this is invaluable in
money.

V.- PROCEDIMENTAL ROUTE :

Due to the nature of the claim, the procedural route that must be followed in
this case corresponds to the KNOWLEDGE PROCESS , with its office being competent to handle it in
consideration of the current legal provisions.

VI.- EVIDENCE MEANS :

To prove the extremes of our claims we offer the following typical means of
proof.
1.- DOCUMENTS:
- Public Deed submitted to the Notary JESUS SUNI HUANCA that is marked number 12,313 dated
February 1, 3, 2015. Awarded by ANCELMO LAURA LAURA AND EURIS LARICO LAZO in favor of
MARIA LAURA LAZO. Document with which I prove the existence of the questioned legal act.
 VII.- ANNEXES :
The following annexes are attached hereto:
Annex 1.a.- Legible copy of the appellant's National Identity Document.
Annex 1.b.- Signed Public Deed number 12,313 submitted to the Notary JESUS SUNI HUANCA
dated February 1, 3, 2015. Awarded by ANCELMO LAURA LAURA AND EURIS LARICO LAZO in
favor of MARIA LAURA LAZO.
Annex 1.c.- Judicial fee for offers of evidence
Annex 1.d.- Notification documents for the respective transfer.
Annex 1.e.- Sufficient copies for the transfer of the law

FOR THE EXPOSED:

Please, Mr. Judge, admit this my claim for processing, ordering that the
corresponding transfer be made to the defendants so that they appear at the trial, assuming the
means of proof have been offered.

Juliaca August 15, 2015