Civil Procedure

Posted by Sylia on

6.1 Judicata.-According to Juan Montero Aroca is a contentious issue status when it has been decided by the courts of final and irrevocable way. The judged thing is an essential element and determinant of jurisdiction, which maintains its credibility and effectiveness, which prevents that handed down a new ruling on already judged, corroborating the principle of effective protection and legal security equally for all. Also that the lis pendens, idem has as a requirement that a case specifically in identity of subject, object and cause pretendi had been derimido in judgment rendered before a competent court. We have essentially two kinds of thing judged, that they are: 1. thing judged Formal(ad intra).-links to the Court in that instance that ruled the ruling or judgment on the case in particular. It means impossible deduction of appeals against a judgment rendered in the process. A sum estoppel, which however do not hinder faculty rethink the issue in another subsequent trial. 2.

Sew judged Material.-linking to another post, and different process which produces the resolution on the Fund. Here what is at stake is the essence of the jurisdiction. a. prevents: i. that a discussion be extended indefinitely.

II. that advance a process about a matter already tightly defined by the jurisdiction. III. occurring resolutions and contradictory statements. 6.2. Transaction-transaction is an agreement of wills between the parties, it is therefore a contract. Article 314 of the code of Civil Procedure (1976) indicates that any legal dispute may terminate by transaction parties, according to the conditions and requirements established in the Civil Code. Article 945 (1975) Civil Code defines the transaction such as: A contract by which through reciprocal concessions are settled law of any kinds so they meet or recognize, whether to put an end to disputes started or about to begin, provided that it is not prohibited by law. It understood that the transaction is restricted to the thing or obejto matter of she, by generals who are its terms.