Legitimación Procesal: Legal Capacity in Lawsuits
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Questions and Answers

What is the main concept that refers to the conditions essential for filing a lawsuit?

  • Carácter
  • Capacidad
  • Procesibilidad
  • Legitimación (correct)

    • What type of legitimación is required to be a defendant in a lawsuit?

  • Legitimación procesal
  • Legitimación activa
  • Legitimación en la causa
  • Legitimación pasiva (correct)

    • What is the purpose of legitimación procesal?

  • To assign a judge to the case
  • To ensure the formal requirements of the lawsuit are met (correct)
  • To establish the capacity of the parties involved
  • To determine the outcome of a lawsuit

    • What is the term for the right to be a party in a specific lawsuit?

    <p>Legitimación en la causa</p> Signup and view all the answers

    What is the type of legitimación that is required for a plaintiff?

    <p>Legitimación activa</p> Signup and view all the answers

    What is the term for the capacity of an individual to be a part of a lawsuit?

    <p>Capacidad</p> Signup and view all the answers

    What is the term for the ability to exercise an action against a specific person?

    <p>Legitimación</p> Signup and view all the answers

    What is the purpose of limiting the faculties of disposition of the owner of a patrimony or certain goods?

    <p>To prevent the frustration of the result of a cognition or execution process</p> Signup and view all the answers

    What is the main purpose of legitimación?

    <p>To establish the right to be a part of a lawsuit</p> Signup and view all the answers

    According to Article 527 of the Civil and Commercial Procedural Code, what can be decreed precautionarily?

    <p>The embargo of goods that cover the value of the claim, interests, and costs</p> Signup and view all the answers

    What is the purpose of sequestration?

    <p>To deprive the debtor of the disputed goods and place them in the custody of a third party</p> Signup and view all the answers

    In what cases can intervention be decreed?

    <p>When the measures of guarantee affect commercial, industrial, or agricultural properties</p> Signup and view all the answers

    What is the purpose of intervention?

    <p>To avoid the unfair appropriation of fruits by a co-owner</p> Signup and view all the answers

    What happens when the right of the creditor is secured?

    <p>The intervention is ceased</p> Signup and view all the answers

    What are urgent measures?

    <p>Measures that cannot be classified under the previous measures</p> Signup and view all the answers

    What is the purpose of precautionary measures?

    <p>To protect the rights of the creditor</p> Signup and view all the answers

    What is an action in legal terms?

    <p>An abstract right with no specific content</p> Signup and view all the answers

    What is the purpose of presupuestos procesales?

    <p>To ensure that a legal process is valid</p> Signup and view all the answers

    What happens if the presupuestos procesales are not met?

    <p>The case can be appealed through a recurso de casación</p> Signup and view all the answers

    What is the difference between presupuestos procesales and presupuestos materiales?

    <p>Presupuestos procesales are necessary before the legal process, while presupuestos materiales are necessary after</p> Signup and view all the answers

    What is the concept of legitimidad para obrar?

    <p>The right to participate in a legal process</p> Signup and view all the answers

    Who defined presupuestos procesales as 'conditions that must exist in order to have a favorable or unfavorable ruling on the demand'?

    <p>Calamandrei</p> Signup and view all the answers

    What is the term for the necessary requirements for a legal process to be valid?

    <p>Presupuestos procesales</p> Signup and view all the answers

    What is the consequence of not meeting the presupuestos procesales?

    <p>The case can be appealed through a recurso de casación</p> Signup and view all the answers

    What is the purpose of soliciting Urgency Provisions?

    <p>To protect a right from imminent and irreparable harm</p> Signup and view all the answers

    What does the judge use when deciding on a Urgency Provision?

    <p>Their own good judgment</p> Signup and view all the answers

    When can a worker request a Urgency Provision?

    <p>When they have a founded reason to fear that their right will be harmed</p> Signup and view all the answers

    What must the worker prove to obtain a precautionary measure?

    <p>The necessity of the measure</p> Signup and view all the answers

    What does Article 332 of the Labor Code regulate?

    <p>The procedure for requesting a Urgency Provision</p> Signup and view all the answers

    When can a labor court deny a precautionary measure?

    <p>When the worker does not prove the necessity of the measure</p> Signup and view all the answers

    Who can represent a person with capacity to be a part of a lawsuit?

    <p>Only the person authorized by their constitutional regime</p> Signup and view all the answers

    What is required for a person without capacity to be a part of a lawsuit?

    <p>A representative appointed by the law</p> Signup and view all the answers

    What is legitimación procesal?

    <p>The individualized and concrete capacity for a specific process</p> Signup and view all the answers

    Who are the subjects in a legal process?

    <p>The parties, judge, auxiliaries, peritos, interveners, martilleros, and fiscales</p> Signup and view all the answers

    What is a process according to Mario Aguirre Godoy?

    <p>A series or succession of acts that tend to the fulfillment of a pretension through the intervention of state organs</p> Signup and view all the answers

    What are the two classes of processes established in Labor Process Law?

    <p>Knowledge and Execution</p> Signup and view all the answers

    What is a process of knowledge?

    <p>A process to establish the existence of a right and obligation</p> Signup and view all the answers

    What is a process of execution?

    <p>A process to execute a judgment</p> Signup and view all the answers

    Study Notes

    Legitimación Procesal

    • Legitimación procesal refers to the capacity of an individual or entity to exercise a legal action against another person or entity as an obligated party.
    • It is characterized by the formal requirements necessary for both the plaintiff and the defendant to participate in the lawsuit.
    • Legitimación procesal is classified into two types: active legitimacy, which is required to be a plaintiff, and passive legitimacy, which is required to be a defendant.

    Presupuestos Procesales

    • Presupuestos procesales are the necessary requirements that must be met for a legal process to be valid.
    • These requirements are established by law and include the competence of the court, the capacity of the parties, and the demand or complaint.
    • According to Calamandrei, presupuestos procesales are the conditions that must exist for a favorable or unfavorable judgment to be issued.
    • According to Escobar Fornosi, presupuestos procesales are the indispensable requirements for a judge to issue a sentence on the merits of the case.

    Measures of Urgency

    • Measures of urgency are provisional measures taken to secure the rights of a party during a legal process.
    • These measures can include embargo, seizure, and intervention.
    • Article 527 of the Civil and Commercial Procedural Code establishes that precautionary measures can be taken to secure the rights of a party.
    • Article 528 of the Civil and Commercial Procedural Code regulates the seizure of goods.
    • Article 529 of the Civil and Commercial Procedural Code regulates the intervention of businesses or properties.

    Providencias de Urgencia

    • Providencias de Urgencia are urgent measures taken by a judge to prevent harm or damage to a party's rights.
    • These measures can be taken when the object of the litigation cannot be classified under the previous measures of urgency.
    • The judge has the discretion to grant or deny the measures of urgency based on the circumstances of the case.

    Sujetos Procesales

    • Sujetos procesales are persons or entities capable of participating in a legal process.
    • These subjects include the parties, judges, auxiliaries, experts, intervenors, and prosecutors.

    Process Definition

    • According to Mario Aguirre Godoy, a process is a series of acts that tend to the execution of a claim through the intervention of state organs instituted for that purpose.

    Types of Processes

    • Procesos de conocimiento: these are processes where the arguments and evidence are discussed to establish the existence of a right or obligation.
    • Procesos de ejecución: these are processes where the court's decision is enforced through coercive measures.

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    Description

    Understand the concept of legitimación procesal, including its types and formal requirements for plaintiffs and defendants in a lawsuit.

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