PROCEDURAL LAW

It is the discipline that studies the activity, organization, and functioning of the Judiciary. It is responsible for
resolve conflicts, so he will also study conflict resolution methods and their methods
alternatives. In this way, it is observed that their reason for being is the existence of a relevant conflict
legal, which can be resolved through negotiation, mediation, conciliation or arbitration, or in
in its absence, through a final judgment issued by the judge.
In addition, procedural law can be seen as a tool for regulating the protected rights.
in the Constitution, as it guarantees effective access to justice.

SOURCES OF PROCEDURAL LAW

The sources allow us to know where procedural law is contained and enable us to interpret its regulations.
They are:
A) Law: encompasses all general and mandatory regulations issued by a competent authority. Among them are
find the National Constitution, the International Treaties, and the National Laws (Civil Code and
Commercial - Civil and Commercial Procedural Code.
B) The Judiciary through regulations or agreements.
C) Custom: repetition of a certain behavior that gives members of a society the
conviction of its mandatory nature.
D) Jurisprudence: it is the set of rulings made by judges that, in similar situations, issue.
similar resolutions.
F) Doctrine: opinions of legal scholars.
However, the new civil and commercial code of the nation sidelines jurisprudence and doctrine, and speaks
of uses, practices, and customs.

Characteristics of Procedural Law

One of the characteristics of procedural law is that it is an instrumental means to apply the law.
background. Procedural law has its origins in Roman law, where it depended on civil law. But then,
civil procedural law will separate from civil law, thus gaining autonomy. With this separation, it
they are going to create the three pillars of civil procedural law, making it unique, since these three pillars are common to
all the branches that have been created in procedural law:
A) Action: it is the situation of the parties that petition and that gives rise to the judge's ruling.
B) Process: where the procedural acts are studied that develop from the initiation of the procedure until its
culmination through a definitive resolution.
C) Jurisdiction: power to judge and apply the laws. It is the power that the State has to settle conflicts.
between individuals, between individuals and the State, and between the State and other organizations, which is in charge of
Judicial Power, which resolves such conflicts through a final judgment, assigning rights to one or
another part.
In these conflicts, a knowledge process is carried out to resolve such conflicts, in which the
The Judicial Power includes the part of cognition, where the judge becomes aware of the conflict and of the
claims of the parties, and then makes a decision that generates legal consequences in favor of one.
another part. In addition, the Judiciary has the part of forced execution or coercion, in which
effectiveness is given to what has been resolved in the cognitive phase. The judge must have the necessary means to
to compel the loser to comply with the sentence.
Once all instances of the process have been traversed, the problem cannot be raised again.
The exercise of judicial jurisdiction includes two aspects (cognition/knows and coercion/decides).
The PL with the "impeachment" has a jurisdictional function.
Jurisdictional act: the jurisdictional act has a form (parties, organs, methods), a content
(conflict of legal relevance), and a purpose (social peace).

● DIFFERENCE BETWEEN COGNITION AND FORCED EXECUTION

The exercise of judicial jurisdiction encompasses two aspects: cognition and enforcement.
Cognition: it implies the knowledge of the judge to declare the right that resolves the conflict raised.
To declare the applicable law, the judge carries out various activities that can be summarized as follows.
Form: 1) determine what the issues to be resolved are 2) the judge seeks the legal norm or norms that
consider each of those issues. 3) the judge separates the factual premises from them 4) then
verify that those budgets established by the norm have been duly affirmed 5) check if the
stated facts have been duly proven by interpreting and evaluating the evidence. 6) if any
The fact has not been proven; the judge will establish who bore the burden of proof and therefore who is harmed by it.
lack. After all the indicated procedures that require logical reasoning and knowledge
legal matters, the judge will be in a position to issue his final decision. In this phase of cognition, the predominant element is
reasoning, the assessment, the judge's judgment to declare the right.

Execution: there are situations in which the conflict that arises is resolved with the mere declaration of the right and
In other cases, the declaration leaves the conflict unresolved. The judge must have the necessary means to
to compel the loser to comply with the final convictions. It has the force at its service to ensure that its
decisions be complied with.

DIFFERENCE BETWEEN JURISDICTIONAL ACTIVITY AND ITS OTHER FUNCTIONS

The State carries out its activities through three functions: legislative, executive, judicial.
A) Legislative: its function is to sanction norms of a general nature to which the inhabitants must adjust.
behavior.
B) Executive/Administrative: its function is to continuously satisfy the general interest, thus maintaining
the legal order. It resembles the judicial function, as both aim at the application of the norms
general guidelines given by the legislators. However, it differs from the judicial function as it does not pursue the
solution of a conflict, but this function is performed continuously, preventing the conflict and
organizing the essential services for life in society.
C) Judicial/Jurisdictional: it is the power that the State has to resolve conflicts between individuals, between
particular individuals and the State, and between the State and other organizations, which is overseen by the Judiciary, who
It resolves such conflicts through a final ruling, assigning rights to one party or the other.

Jurisdiction of equity and law: the principle of legality

Of equity: it assumes that the judge, when called to resolve a conflict, has no prior rule to follow.
indicate how to do it, and then create it for that individual case, providing the solution that he considers fairer.
The judge does not apply the law; he creates it.
In our system, the judge is subject to the principle of legality, which means it is his responsibility to apply the
law to the specific case, without making assessments of justice that, in principle, correspond to the legislator.
- Of right or system of legality: it does not matter to turn the judge into an automaton with no possibility
of appraisal. The judge has the duty to find, within the entire legal system, the norms that,
according to your criteria, consider the case to be resolved; you must interpret the scope of them according to the
predominant conceptions in society and to ensure that their application does not contradict the spirit or the letter of
others of higher hierarchy.

Classical approach:
The jurisdictional function is broken down into 5 elements (imperium):
1. notio: ability to know in controversies or cases requires the existence of the prerequisites
procedural.
2. vocatio: ability to summon other parties involved in the proceedings to exercise their defenses in court;
possibility of compelling the parties to appear.
3. coercion: possibility of exercising throughforcepublic coercion to achieve enforceability
of certain acts.
4. judgment: power-duty to resolve; to issue a ruling
5. execution: I command to enforce its resolutions and thus be able to transform reality, achieve
practical results through their resolutions.

CONCEPT OF COMPETENCE
Jurisdiction is the measure or scope of jurisdiction, that is, the limit set by law for its exercise.
from the jurisdiction carried out by each of the different judicial bodies. It is the ability granted to the
judges by law to hear specific cases according to the subject, the degree, the territory, or the amount. Since
From a subjective point of view, competition is the duty and right that the judge has to administer justice in
a specific process, from an objective angle the competition is the enunciation of the given rules for
assign to different judges the knowledge of specific cases. In the face of a specific case, it is necessary
determine, first of all, whether it corresponds to federal or ordinary justice
The jurisdiction results in a limit that the State imposes on the actions of judges. The jurisdiction arises from the
nature of the claims of the lawsuit, and based on the facts reported by the plaintiff, and not by the
defenses reported by the defendant.
Since 1853, the jurisdiction of the Judiciary has been divided into federal jurisdiction (national justice) and
ordinary jurisdiction (provincial justice). It has been organized, by delegation, in the territory of the
provinces a national or federal jurisdiction, which is responsible for understanding those issues that
Determine Article 116 of the National Constitution, which acts parallel and independently of the
judicial organization that each province makes for itself. In this way, in the provinces, there are judges
national or federal judges that understand the matters that the provinces have delegated to the Nation, and judges
provincial or ordinary courts that handle all matters not delegated by the provinces to the Nation.

First, see if it is of ordinary or federal jurisdiction in the Constitution (Article 116 CN): both judges
federal judges, like ordinary judges, have their jurisdiction assigned based on the subject matter, the level, the
territory, or the amount.
Competence in terms of subject matter: refers to the cases that each judge must understand based on the
Subject of the trial, whether civil, commercial, criminal, labor, etc., in the same judicial jurisdiction. Article
116 CN.
Jurisdiction by degree: it refers to the cases that reach higher judicial instances.
First. In Capital Federal, the 1st instance is individual, whose sentence must be reviewed without exception, as a rule.
general, by the appeals court. In the province, the courts of first instance are collegiate, so they do not
there is this general rule.
Jurisdiction based on territory: it refers to the cases that each judge must understand in which they exercise their
jurisdiction within the scope of a specific judicial district. Articles 5 and 6 CPC.
Competence by reason of amount: it refers to the cases that each judge must handle depending on the amount.
of the amount claimed in the lawsuit.

Federal Competence
Article 116 CN: states that it is the responsibility of national justice to know and decide on all of the
following causes:
Due to the subject matter:
Points governed by the Constitution.
Points governed by the laws of the Nation, except for matters that correspond to the codes
civil, commercial, criminal, mining, labor and social security (article 75 section 12 Constitution
National)
Points governed by treaties with foreign nations.
Causes of admiralty and maritime jurisdiction.
For the reason of the person:
Causes concerning ambassadors, public ministers, and foreign consuls.
Causes in which the Nation is a party.
Causes that arise between two or more provinces, between one province and the neighbors of another, among the neighbors
between different provinces, and between one province or its neighbors, against a foreign state or citizen.
Article 117: The Supreme Court of Justice of the Nation has original and exclusive jurisdiction over the
matters concerning ambassadors, public ministers, foreign consuls, and in which any province
if it were part. In these cases, claims are filed directly against the CSJN.

Characteristics of Federal Competition

Exceptional: national justice will only have jurisdiction in the matters mentioned in article 116 of the
National Constitution.
Exclusive: the provincial justice is prohibited from dealing with those cases that fall under federal jurisdiction.
reason of the matter.
- Unextendable: the parties cannot waive federal jurisdiction, except for property matters in
reason of territory and issues concerning individuals (article 12, section 4 of law 48), being able to choose the
ordinary justice.
Restrictive: in case of doubt regarding jurisdiction, ordinary justice will be understood.
Supreme: The Supreme Court is the highest federal court, so its decisions cannot be overturned.
Unalterable: once a case is filed before federal justice, a subsequent event does not alter it.
competition.
Non-delegable: federal competence is non-delegable, but it is allowed to assign it to judges from other
locations for the execution of certain proceedings (jurisdictional assistance). In this way, the judges
Nationals may directly assign certain procedures to provincial judges.
Now proceed ex officio (Article 2 of Law 27).
The request is required to be made by party instance (article 2 of law 27).
Extension of competence
It refers to the permission granted by law to the parties to alter the rules of jurisdiction.

How can the extension be?

It can be an express extension of the competition (the extension will occur if it arises from a written agreement.
wherein the interested parties explicitly express their decision to submit to the jurisdiction of the judge
who attend), or a tacit extension of jurisdiction (the extension will occur tacitly for the actor, by the
made to file the lawsuit before a judge, and regarding the defendant, when answering the lawsuit, or when
do not do it or when not using the exception of incompetence {the aim is to make the judge decline}).
2 CPC).
Declaration of Incompetence: all claims must be filed before the competent judge, and if this does not result
being the competition of the judge before whom it was submitted, that judge must disqualify himself ex officio. Accepted (the
consenting parties declare incompetence) or enforceable (the party that challenged the declaration of
incompetence made use of all the resources at its disposal to challenge the resolution, remaining firm)
the respective resolution, the case will be sent to the judge deemed competent. In matters related to assets of
territorial competence will not proceed to the declaration of incompetence ex officio; the same applies in all
cases where the extension of jurisdiction is admissible.

When can jurisdiction be extended?

Article 1 CPC: Federal jurisdiction is not extendable. Except as provided by international treaties,
unless it concerns property matters with territorial jurisdiction or issues with jurisdiction in
reason of the person, as established in article 12, section 4, of Law 48 (provided that it is in a civil case
a foreigner sues a Province or a citizen, or that the neighbor of a Province sues the neighbor.
before a judge of their Province, or when being sued the foreigner or the neighbor from another Province
If they respond to the lawsuit without raising the exception of incompetence, it will be understood that the jurisdiction has been established.
extended, and the case will be decided by ordinary justice {the federal jurisdiction is extendable due to reason of the
In these cases, federal jurisdiction may be extended with the consent of the parties so that
the case shall be understood by ordinary judges.

To extend jurisdiction in favor of foreign judges or arbitrators in matters of a certain nature.

international (article 1 paragraph 2 CPC) the following assumptions must be given:
It must be an international controversy.
The matter must be exclusively patrimonial.
the matter should not be the exclusive competence of Argentine judges.
there should be no legal prohibition to agree on the extension.

General Rules of Competence (territorial) (article 5 CPC): competence arises from the nature of
the claims of the lawsuit, and based on the facts stated by the plaintiff, and not on the defenses outlined
by the defendant:

1) When real actions are exercised over real estate, it will be that of the place where the thing is located.
litigious. If there are several, or just one but located in different judicial jurisdictions, it will be that of the place
of any of them or of any of its parts, as long as the defendant has his residence there. But if this...
It does not occur, it will be the place where any of them is located, at the choice of the actor.
2) When real actions are exercised over movable property, it will be the place where they are located or that of
the address of the defendant, at the choice of the plaintiff. But if real actions are exercised on movable property and
the properties together, will be that of the place where the latter were located.
3) When personal actions are exercised, it will be that of the place where the express obligation must be fulfilled.
implicitly established. In its absence, at the actor's choice, it will be that of the defendant's domicile or that of
place of the contract, provided that the defendant is present there, even if accidentally, at the moment of
the notification.
Those who do not have a fixed address may be sued in the place where they are located or in their last one.
residence.
4) In personal actions arising from crimes or quasi-crimes, it shall be the place of the act or the domicile.
of the defendant, at the choice of the actor.
5) In personal actions, when there are several defendants and it concerns indivisible obligations or
solidary, will be the domicile of any of them, at the choice of the actor.
In actions regarding accountability, it will be the place where these must be presented, and not being
determined, at the choice of the actor, will be that of the administration's domicile or that of the place where it has been
administered the principal of the assets. In the lawsuit for the approval of accounts, the same rule will apply, but if
if the place where they must be presented is not specified, it may also be the domicile of the
creditor of the accounts, at the choice of the plaintiff.
In tax actions for the collection of taxes, fees, or fines and unless otherwise provided, it will be the of
place of good or activity subject to inspection, registration or supervision, the place where payments must be made or
the address of the debtor, at the choice of the plaintiff. The connection will not modify this rule.
In actions for personal separation, marital divorce, and marriage annulment, it will be that of the last.
effective marital domicile or that of the defendant spouse at the choice of the plaintiff spouse. If the
if the defendant spouse does not have their residence in the Republic, it will be the last residence they had in
she, if the marriage had been celebrated in the Republic. Not proven where the last one was based
marital residence, the common rules on jurisdiction will apply.
In the processes for declaration of incapacity, it will be that of the domicile of the presumed incapacitated or disqualified person; in their
defect, it will be that of your residence. In rehabilitation processes, it will be that of the address that
declared the interdiction.
In second copy requests or rectification of errors in public deeds, it will be the one from the place
where they were granted or formalized.
In the protocolization of wills, it will be the place where the succession must begin.
In actions arising from corporate relationships, it will be that of the location of the registered social domicile.
If the company does not require registration, it will be that of the place of residence established in the contract; failing that or
In the case of an irregular or de facto society, it will be the location of the registered office.
12) In voluntary proceedings, it will be the domicile of the person in whose interest they are promoted, except in the
successor process or contrary provision.
13) When the action for the collection of common expenses for properties subject to the regime is exercised
horizontal property or any other action derived from the application of that regime, will be that of the place of the
functional unit in question.

ORDINARY JURISDICTION article 116 in its last part says that it corresponds to the federal courts
all cases concerning issues governed by the national laws with the reservation of 75 inc 12
(refers to the civil, commercial, mining, labor and social security codes - this will be ordinary jurisdiction -)

IN SUMMARY, JURISDICTION REGARDING THE SUBJECT IS NOT EXTENDABLE

THE COMPETENCE IN TERMS OF PEOPLE IS PROBABLE

THE COMPETENCE OF THE C.S.J.N IS ORIGINAL AND EXCLUSIVE: a) all matters concerning
ambassadors, ministers, and foreign consuls b) matters in which a province is a party.
THE FEDERAL EXTRAORDINARY APPEAL: definitive sentences can reach the supreme court
the courts, including provincial courts when they are contrary to the Constitution; the Supreme Court controls it
constitutionality. ARTICLE 14 OF LAW 48 1) when the validity of a treaty, of a law is questioned,
congress, or an authority exercised in the name of the nation. 2) when the validity of a law decree or
provincial authority is questioned for being contrary to the constitution. 3) when the interpretation of some
clause of the constitution or of a treaty or law of the congress or of a commission exercised in the name of the authority
national has been questioned

THE ORDINARY APPEAL RESOURCE: here the C.S.J.N acts as a court of third instance.
The appeal is admissible against the final judgments of the appeals chambers in cases. 1) cases in which the
nation is directly and indirectly involved and the disputed amount is greater than a certain amount of pesos. 2)
extradition of criminals wanted by foreign countries 3) causes for which arrests occur or
embargo in times of war. 3) causes that lead to seizures or maritime embargoes.
Conflict of Competence
The conflict of jurisdiction arises when one of the parties or another judge disregards the authority of the judge to
to know in a specific case. It can be:
Negative: it occurs when two judges declare on their own that they are incompetent to rule on a
determined case.
Positive: it takes place when two judges consider that they are competent to rule on a certain matter.
case.
Such issues can be brought by the parties through two procedural avenues.
referred to as declinatory and inhibitory, although they can also be raised ex officio by the judges. The
the choice of one is definitive and prevents going back and using the other. They only proceed before consent has been given.
the competence of the judge to whom the claim is made:

Dismissals and their processing

Declinatory: assumes the appearance of the defendant before the judge where the lawsuit was filed, raising the
exception of incompetence (seeks to decline the judge).
Declining Procedure: the declination will be processed like the other prior exceptions (art. 346 CPC), and if
if declared admissible, the case will be sent to the judge deemed competent (art. 8 CPC). It only proceeds when it
It deals with a matter concerning judges seated in the same judicial district (jurisdiction
territorial)

Inhibitory action and its processing

Inhibitory: it assumes the submission of a written document by the defendant before the judge that he considers competent,
requesting and justifying that this be declared, and that a letter or injunctive exhortation be sent to the judge who is
knowing in the case for it to refrain from continuing to know in it. It only applies when it is about
a matter that involves judges exercising different territorial jurisdiction.

Inhibitory procedure: the injunction can be raised until the moment of opposing exceptions or responding to the
demand if that procedure were not established as a prerequisite in that process (art. 8 CPC). If once
Once the lawsuit is filed, the judge declares himself competent and will issue an order or a prohibitive exhortation with everything
necessary (written, requirements to establish its competence, etc.) to the judge who is hearing the case so that
he/she will refrain from continuing to get to know her, and will request that she transfer the file, or otherwise,
I raised it to the competent court to resolve the dispute (art. 9 CPC). Upon receiving the official notice or exhortation, the judge
You can accept or deny the inhibition. If you accept, the acting party can appeal the resolution. If the resolution is
consented (the acting party consents to the declaration of incompetence) or finalized (the party that challenged the...
the declaration of incompetence made use of all the resources at its disposal to challenge the resolution,
remaining firm) for the acting party, the case is transferred to the judge deemed competent. But if the judge denies the
inhibition, it will transfer the case to the competent court to resolve the dispute (art. 10 CPC).

Ways to resolve the dispute: the solution to conflicts of competence must be adopted by the superior body.
that it is part of the conflict or, if it involves two courts or tribunals of the same rank, the common superior to
both. When the judges do not have a common hierarchical superior body, the Supreme Court will be the court.
competent in charge of resolving the dispute. Within five days of transferring the case, the court
the superior will resolve the dispute, and will transfer the case to whom it deems competent, informing the other party
official letter or exhortation. If the disqualified judge does not transfer the complaint to the competent judge within a reasonable time, the
The superior court will summon you to do so within a period of ten to fifteen days under penalty (art. 11).

Article 12 CPC: issues of competence will be processed by means of an incident. It does not suspend the
procedure, which will proceed before the judge who was notified.

ARGENTINE JUDICIAL ORGANIZATION

Organization of Ordinary Justice and Federal Justice
A) Federal Competence: in the federal area is found:
Federal Social Security Court: it is responsible for cases related to retirements, pensions
and the provisional contributions.
Federal Court in Administrative Litigation: is responsible for cases in which the National State
acts as a public legal entity. e.g.: complaint that UBA gives me my degree from the
university. The decisions of the contentious administrative courts will be reviewed by the chamber of
contentious administrative appeals. In the contentious administrative jurisdiction, tribunals can be created for
review that guarantees judicial controls.
Federal Jurisdiction in Civil and Commercial Matters: is responsible for cases in which the National State intervenes as
a private legal entity, or when federal laws need to be applied. E.g.: conflict at sea
Argentinian (federal navigation law); Aerolíneas Argentinas lost my luggage (federal aviation law).

B) Ordinary Jurisdiction: in the ordinary realm is found:

Commercial Jurisdiction: it deals with conflicts whose content is related to institutions
financial matters, with bankruptcy law, with credit titles, with commercial companies, etc. It is a jurisdiction of
exception, since in case of doubt, the case goes to civil jurisdiction. Before reaching trial in this jurisdiction, there is a instance
prejudicial (mediation). In Capital Federal, first instance judges are called 'national judges in
the commercial
Civil Law: deals with conflicts related to issues of individuals, obligations, the
contracts, the family, inheritances, etc. The courts of first instance are divided into patrimonial chambers and
in family courts. However, when appealing, the court is the same for all cases. Before going to trial in
this jurisdiction has a prejudicial instance (mediation). In the Federal Capital, the first instance judges
they are called 'national judges in civil matters'.
Labor Court: it is responsible for conflicts involving individual or
work collectives. Before reaching trial in this jurisdiction, there is a pre-trial instance (SECLO=conciliation
mandatory). In the Federal Capital, first-instance judges are referred to as 'national judges in matters
of work.

Organization of the Judiciary in the Autonomous City of Buenos Aires (CABA): it is located:
A) Contravention Court of Offenses: is responsible for any conflict where the code of offenses must be applied.
from CABA, and is in charge of certain crimes whose ordinary jurisdiction has been delegated to it.
B) Tax Administrative Litigation Jurisdiction: it is responsible for all conflicts in which it is a party.
CABA. E.g.: malpractice in a hospital in CABA; If I do not pay the ABL, my case must be presented in that jurisdiction.
CABA: first instance, appeals chamber, superior court of CABA.

THE JUDGE
Natural person who exercises jurisdiction, which must meet certain requirements.

Judge Appointment Process: there is a process for Supreme Court judges and a process for the
judges of the lower courts:

Supreme Court Justices: the appointment process for Supreme Court justices is handled by
President of the Nation, who proposes a candidate for the National Senate, which must give consent.
the appointment with a two-thirds qualified majority of the members present. However, there is a
previous period of advertising for candidates where they can be challenged. (Articles 108 to 119 of the Constitution)

Lower Court Judges: with the constitutional reform of 1994, the Council of the
Judiciary, which is a constitutional body responsible for preparing the lists of candidates for judges
nationals and federals, after organizing and calling for a competition, for one of those three to be appointed by the
President of the Nation in agreement with the Senate. In addition, he is in charge of the administration of the judiciary.
the control of judges' activity and the imposition of sanctions. Currently, the Council of the Judiciary
is made up of 13 members: three judges appointed by the national judges of the first and second
instance; two members of the Senate for the majority, and one for the first minority; two members
from the Chamber of Deputies by the majority, and one by the first minority; two lawyers appointed by the
lawyers with federal registration (authorized to litigate in federal court, but this does not authorize them to litigate in
the ordinary justice); a representative of the National Executive Power, appointed by the Executive Power
National; a representative from the scientific and academic field designated by the Interuniversity Council
National. The members of the Judiciary Council will take an oath before the president of the Court.
Supreme Court of Justice of the Nation.
However, in 2013, a reform known as "democratization of justice" was presented, with which...
it aimed to increase the number of members of the Judicial Council to 19, with the incorporation of a
lawyer plus five additional members from the scientific and academic field. Furthermore, the reform established that
the 19 members should be elected by universal suffrage within the framework of the PASO. But this reform is
frozen by a precautionary measure requested to the Supreme Court of Justice of the Nation by
from the Public Bar Association in the famous 'Rizzo vs. PEN' case.
Judges Removal Process
Judges have guarantees of stability and immovability of their positions, except in cases of misconduct.
performance, an offense in the exercise of their functions, or commit common crimes. There is a process for
Supreme Court judges and a process for judges of lower courts:

Supreme Court Justices: the process of removing Supreme Court justices is through trial.
political, which is carried out by the Congress, where the Senate chamber, functioning as a court, has
the authority to judge the judges of the Court, with the prior accusation of the Chamber of Deputies. The ruling that
The dismissal must be issued with a two-thirds majority of the present members of the Senate.
Judges of the Lower Courts: judges of the lower courts of the Nation shall be removed by
a trial jury (reform of '94) composed of 7 members who serve for six months in their position and are
chosen by lottery, among them, two senators (one by the majority and one by the minority), two deputies (one by
the majority and one for the minority), two appellate judges (one federal and one national CF), and a lawyer for the
federal registration, which will be responsible for judging lower judges, after the prior accusation of
Judicial Council. The ruling that decides the dismissal must be issued by a two-thirds majority.
jury members. Their ruling, which will be unappealable (cannot be appealed), will have no effect other than to dismiss the
accused. But the convicted party is subject to accusation, trial, and punishment according to the laws before the
ordinary courts.

What duties does the procedural code impose on judges?

Duties and Powers of Judges: the judge's sentence is the end of a process that begins with a
claim of the acting party. The judge has the power-duty to instruct that process (authority). The primary duty of
a judge is the one who administers justice whenever the activity is required of them.

- Duties: first we must look at two articles of the Procedural Code:

Article 4 CPC: the judge has the duty to refrain from acting in a case if he is not competent.
Article 30 CPC: the judge has the duty to excuse themselves from acting when they find themselves in a situation that affects their...
Impartiality. If it does not do so, it is a case of poor performance and could be removed from office for that reason.
since impartiality must be guaranteed.
Once the judge fulfills these two duties, he can exercise his rights and must comply with the
rest of your duties.
Article 34 CPC (Duties): the judge has the duty to:
Attend the preliminary hearing and personally carry out the other proceedings specified by the Procedural Code.
or other laws place on you, except for those in which the delegation was
authorized (principle of immediacy). In the act of the hearing, or when deemed appropriate, if the
circumstances justify it, may refer the parties to mediation. The terms of the judicial file
They will be suspended for thirty (30) days from the notification of the mediator to the initiative of
any of the parties and will resume once it has expired. This term may be extended by express agreement of
the parts.
In personal separation trials, legal divorce, and annulment of marriage, a hearing will be set in the
that the parties and the representative of the Public Prosecutor's Office, if applicable, must appear in person. In it,
the judge will try to reconcile the parties and mediate on matters related to child custody,
visitation regime and attribution of the marital home.
2. Decide the cases according to the order in which they have been left ready to be resolved.
3. Dictate the resolutions within the following deadlines:
a) Simple provisions (only tend to, without substantiation, the development of the process, so it only resolves
bureaucratic issues. They must be written, and must include the date, place, and signature of the judge), within three
Days of submission of requests by the parties or expiration of the term and immediately, if they should be
dictated in a hearing or had an urgent nature.
b) The interlocutory sentences (resolve issues that require substantiation, raised during the
course of the process. They must be written, and they must include date, place, judge's signature, the grounds, the
express, positive, and precise decision on the issues raised, and the ruling on costs) and
homologatory sentences (the sentences that approve or not the withdrawal, the transaction or the
conciliation), unless otherwise provided, within ten or fifteen days of the file being completed
dispatch, depending on whether it concerns a single judge or a collegiate court.
c) The definitive judgments in ordinary proceedings, unless otherwise provided, within forty or
sixty days, depending on whether it is a single judge or a collegiate court.
d) The final rulings in the summary judgment, within twenty or thirty days of being
case file to the office, depending on whether it is a single judge or a collegiate court. When it comes to processes of
The term will be ten and fifteen days, respectively.
4. To establish any final or interlocutory ruling, under penalty of nullity, respecting the hierarchy of the
current regulations and the principle of consistency (the judge can only rule on what the plaintiff stated and the
defendant, which constitutes a limit to the judge.
5. Direct the procedure, within the limits explicitly established in this Code:
I. To concentrate, as much as possible, all the proceedings that need to be carried out in a single act or hearing.
II. Point out, before processing any request, the defects or omissions it presents, ordering that they be
they shall rectify within the period set and take on their own initiative all necessary actions to avoid or rectify
nullities.
III. Maintain the equality of the parties in the process.
IV. Prevent and punish any act contrary to the duty of loyalty, probity, and good faith.
V. Ensure that in the processing of the case, the greatest procedural economy is sought (principle of economy)
procedural).
VI. Declare, at the opportunity to issue the final sentences, the recklessness or malice in which they may have been.
incurred by the litigants or intervening professionals. Art. 45 CPC: When it is declared malicious or reckless
conduct assumed in the lawsuit by one of the parties, the judge will impose on her or her lawyer or both
jointly, a fine valued between ten and fifty percent of the amount of the object of the sentence.
In cases where the object of the claim was not susceptible to monetary valuation, the amount does not
may exceed the sum of $50,000. The amount of the fine will be in favor of the other party. If the request for sanction
Outside promoted by one of the parties, it will be decided prior to the transfer to the opposing party.

What disciplinary powers do judges have?

Art. 35 CPC (Disciplinary Powers = what they can do): to maintain good order, judges
must
1. Order that all injurious or offensively phrased statements be tested, unless one of the parties or
third party interested requests that it not be done.
2. Exclude from the hearings those who improperly disturb their course.
3.Apply the authorized disciplinary corrections.

What do the Ordering and Instructional Powers of judges consist of?

Article 36 CPC (Duties and Ordering and Instructional Powers = acts that allow him to reach the
sentence): even without the request of a party, judges must:
1. Take measures aimed at avoiding the paralysis of the process. To this effect, once a deadline has expired, it has been exercised.
or the corresponding department, will move to the next stage in the procedural development, acting ex officio.
the necessary measures.
2. Attempt a total or partial reconciliation of the conflict or procedural incident, being able to propose and promote that
the parties refer the dispute to other alternative dispute resolution methods.
3. Propose formulas to the parties to simplify and reduce contentious issues.
4. Arrange the necessary proceedings to clarify the truth of the disputed facts, respecting the
right of defense of the parties. There is no need to justify why they want a topic to be clarified. To that effect,
they will be able to
a) Arrange, at any time, the personal appearance of the parties to provide explanations that
necessary estimates for the subject of the dispute.
b) Decide at any stage of the proceedings the appearance of witnesses, experts, and technical consultants, to
to interrogate them about a topic.
c) Order, with the formalities established by the CPC, to add existing documents in possession of the
parts or third parties, and that are essential for the resolution of the dispute.
5. To initiate the process ex officio when there are inactive funds of minors or incapacitated individuals, in order to carry out the
proposals that are deemed more appropriate in the interest of the minor or incapacitated person.
6. Correct by authority material errors, clarify obscure concepts or remedy any omissions in the judgment.
regarding the claims discussed in the litigation, as long as such corrections do not alter the substance of the
decision.

When can the judge impose Coercive Sanctions?

Art. 37 CPC (Coercive Sanctions): judges may impose coercive monetary sanctions and
progressive measures for the parties to comply with the judgment, the amount of which will be in favor of the injured party for the
non-compliance. Enforcement sanctions may be applied to third parties in cases where the law establishes it.
The fines will be graduated in proportion to the economic capacity of the one who must pay them, and they may be waived
without effect, or be readjusted if the defaulting party withdraws their resistance and justifies it totally or partially.
proceed.

ATTRIBUTIONS OF THE JUDICIAL COUNCIL: to select through public competitions to

those who apply for the magistracy, manage resources, and execute the budget that the law assigns to the
administration of justice, exercise disciplinary powers over the magistrates, decide on the opening of
procedure for the removal of magistrates, issue regulations related to the organization
judicial.
It is composed of 8 legislators and one executive delegate.
Excuse
The judge has the duty to excuse themselves from acting when there is a cause that affects their impartiality.
(grounds for dismissal article 17 CPC), having to substantiate such dismissal. It will not be a reason for dismissal the
relationship with other officials involved in the fulfillment of their duties. If the judge who is following in the
The order of turn accepts the excusal, the file is filed in the corresponding court. But if said
Judge, I understand that the excuse is not valid, the main case continues its course, but the incidental case is referred.
to the superior court for it to resolve. If a judge does not recuse themselves, they resolve a case that is not merely procedural and
it is proven that his impartiality was affected, it is a case of poor performance and he could be removed from
his position for that reason, since impartiality must be guaranteed.

Recusal
It is the legal act with which the parties can challenge the actions of a judge in a specific case.
when they believe that their impartiality is affected.
The recusal can be:
A) Recusal without cause: the parties have the authority to recuse judges without stating any reason for it.
Hello, which may only be used once in each case, and if there are several parties, only one of them may
use it (limit).
Procedural Moment: regarding the procedural moment in which the parties can challenge without expression of
Due to the judge, the plaintiff may exercise this authority at the time of filing the complaint or in their first
presentation, while the defendant may exercise this power in their first presentation before or at
time to respond to the demand, or to raise exceptions, or to appear at the preliminary hearing of
process. The disqualification without stating a reason does not apply in cases of mere procedure (summary process,
third parties, eviction lawsuits, execution process), as immediacy is needed.
- Consequence or Effect: Regarding the consequences or effects, the dismissal is deduced without expression of
Therefore, the recused judge must disqualify himself and transfer the proceedings, within the first business day, to the judge who follows him.
the order of turn, without the first being able, under penalty of nullity, to perform any action on the file,
and without suspending the procedure, the deadlines, or the fulfillment of the already ordered actions.

B) Recusal for cause: the parties have the authority to recuse judges with a statement of cause when
consider that their impartiality was affected.
- Grounds for Recusal (article 17 CPC): the grounds for recusal are:
1) The kinship by consanguinity within the fourth degree, and by affinity with one of the parties,
mandataries or lawyers within the second degree.
2) If the judge, or their relatives within the fourth degree, or their in-laws within the second degree, had a
economic interest in the conflict, or in a society (unless it is anonymous), or in a community with someone
of the litigants, procurators or lawyers.
If the judge has a pending conflict with the recusing party.
4) If the judge is a creditor, debtor, or guarantor of any of the parties, except for official banks.
5) If the judge is or was the author of the complaint or the lawsuit against the challenged party, or if they have been reported or
sued by him prior to the initiation of the conflict.
6) If the judge has been or was reported by the recusing party under the terms of the law on the prosecution of magistrates,
whenever the Supreme Court (nowadays the Chamber of Deputies or the Council of the Judiciary depending if
it concerns judges of the Supreme Court or lower courts) would have led to the complaint.
7) If the judge was a defender of any of the parties, or if he issued any opinion, report, or recommendation of
conflict, before or after it has begun. This shapes the cause of prejudgment, which establishes that the
The judge must be recused from the case if he disclosed issues regarding the way to resolve the conflict beforehand.
that the parties have been notified.
8) If the judge received any significant economic benefit from any of the parties.
If the judge has any type of friendship with any of the parties.
10) If the judge has any kind of enmity, hatred, or resentment against the party requesting the recusal. The recusal does not
It will proceed for attacks or offenses made against the judge after he had begun to hear the matter.

Procedural Moment: the actor may exercise this authority at the time of filing the claim or at its first
presentation, while the defendant may, in their first presentation before or at the time of answering the
demand, or to raise exceptions, or to appear at the preliminary hearing of the process. But if the cause is
survivor, the challenge must be presented within the next five days from when the challenger
I take note and before the judgment has been issued on the case.

- Method of submitting a challenge: the challenge must be submitted to the challenged judge, or to the Chamber of
Appeals to the Supreme Court respectively, when the recused was one of its members. This
recusal must be self-sufficient, as it must fully present the reasons for the recusal and the
evidence that the appellant considers valuable.

Competent Court to hear the Recusal: the admissibility of the recusal cannot be decided
by the disqualified judge:
Recusal procedure against first instance judge: if the recusal is raised against a judge of
the first instance, its jurisdiction will be decided by the hierarchically superior court (Chamber of
Appeals). Once the recusal has been filed, the judge must, within five days, forward it to the Chamber.
written corresponding with a report explaining the causes, and must pass the main file to the judge who
follow in the order of the turn so that the case can continue, since the challenge does not suspend the procedures of
trial. If in the report the challenged party acknowledges the facts, it will be considered separate from the case, but the Chamber
you can dismiss it if you believe that such facts do not correspond to any of the grounds provided for by the
law (article 17 CPC). But if in the report the challenged party denies the facts, the incident will be subjected to proof by
ten days, which can be extended as appropriate due to distance. Each party may not offer more than three
witnesses. Once the trial period has expired, the evidence will be given to the challenged judge so that they can
to respond within a certain period. Once answered or once the deadline has passed, it will be resolved
incident within the next five days. Effect: if the recusal is dismissed, the judge must be informed.
subrogating to return the case to the challenged judge. But if the recusal is accepted, the case remains in
hands of the substitute judge, but he must inform the challenged judge.

Recusal procedure against Chamber or Supreme Court judge: if the recusal is raised
against one of the judges of the Appeals Chambers or the Supreme Court, its admissibility will be decided
for the rest of the judges that remain able. This challenge must be communicated to the challenged judge, in order to
that reports the causes. If the challenged person acknowledges the facts, they will be considered separately from the case, but the
The chamber or the court can dismiss it if it considers that such facts do not correspond to any of the
causalities provided by law (article 17 CPC). But if the challenged denies the facts, the incident will be submitted to
trial for ten days, which can be extended as appropriate depending on the distance. Each party may not offer more
of three witnesses. Once the testing period has expired, the evidence will be given to the challenged judge so that he can
to respond within a certain timeframe. Once answered or once the deadline has passed, it will be resolved
incident within the next five days. Effect: if the challenge is accepted, it continues to be aware of the case.
his legal substitute who had resolved the incident.

Malicious Recusal: if a recusal with stated cause is dismissed, a sanction will be applied to the litigant.
monetary sanction and shall bear the costs of the procedure.

Action
Given that individuals cannot administer justice on their own, they are granted the authority to request the
intervention of the judicial authority in order to protect their rights and resolve their legal conflicts. It is
the key, the lawsuit is the vehicle that brings the claim to the judge to achieve a positive merit ruling
through the process. Action is inherent to every legal subject, as it goes with the person, and has roots.
constitutional, since it originates from the constitutional guarantee to appeal to the authorities.
Classical or Civil Law Theory of Action: it posits that the action and the substantive right, the material right are
interrelated. The action is the implementation of that legal norm, it is simply going before the
jurisdictional body (action = right).

Modern or Procedural Theory of Action: proposes the separation of action from substantive law.
material law, and it also separates it from the claim. Within this theory, some consider that the action
it is a concrete right to act, while others consider it an abstract right to act:
Concrete: it refers to the fact that the one who obtains a favorable sentence from the body will be the holder of the action.
jurisdictional.
Abstract: it refers to the fact that any of the subjects who have exercised the action will be the holder.
jurisdictional activity, regardless of what the judge's ruling may be.

When is a valid action exercised?

Requirements of the Action: certain formal requirements (of a procedural nature) must be met, referred to as
procedural budgets. If they are not met, they can be remedied. They are:
A) Competent Judge: the judge to whom one turns to satisfy a claim must be competent in
reason of the matter and of the territory. But if someone carries out the action before an incompetent judge, the case is
It will rectify by transferring the case file to the competent judge.
B) Capacity of the Parties: it is the legal possibility of being a party in a process, that is, what it is
aptitude to be the holder of rights, duties, and procedural burdens (capacity to be a party). Furthermore, it must
to have the ability to perform valid procedural acts on one's own, that is, to have the aptitude to exercise
the rights and fulfill the duties and burdens inherent to the quality of being a party, but if they are prevented from doing so,
requires appropriate representation (procedural capacity).
C) Valid Claim: the complaint made must be recorded in writing in a procedural act carried out by the
part, called demand. If the demand does not meet the requirements established by the Procedural Code
Civil and Commercial Code of the Nation (art. 330 onwards) to be valid, can be remedied.
D) Non-existence of another identical process in progress: it is prohibited to process two processes simultaneously.
the same parties and on the same matter. This refers to the state of 'lis pendens'. This does
contrasts with 'connectedness' (accumulation of processes), since the parts may be the same, but the
the claim must be different. This results in a displacement of the guarantee of the natural judge.

Conditions of Action
Three conditions must be met to take legal action, which are not correctable, since if any are missing,
the process ends. They are:
A) Legitimacy: it is the quality that the plaintiff and defendant have to be part of the process. It has to
to have a specific legal link between the plaintiff and the defendant (a contract, etc.), being holders of the
substantive legal relationship, that is to say, that both parties are legitimized to be part of this process. It can
to be
Active Legitimacy: it implies the identity between the person granted the right of action and who
assume the role of an actor.
Passive Legitimization: assumes the identity between the person granted the right to defense and
who assumes the role of the defendant.
Individual Legitimacy: each individual claims for the damage caused to them or to their representative.
(For example: Mendoza case, claims are made for individual rights).
Collective Legitimization: allows anyone to make the claim, thus enabling protection
diffused interests (rights that benefit or harm everyone. For example: Mendoza case, anyone was legitimized
to claim for collective environmental damage) and individual homogeneous rights (rights that
it benefits or harms a specific group. For example: the Halabi case). In the first case, the ruling benefits
everyone, since anyone will be able to claim what was said in the ruling, while in the second case,
The ruling only benefits the specific group.
Collective legitimization has an effect regarding res judicata, meaning that the judgment cannot be
modify in the future. Furthermore, it has a positive expansive effect of res judicata, since if the sentence is
Favorable, everyone can initiate the cause based on that ruling (the ruling favors everyone, even those
that they did not complain about the issue. E.g.: everyone benefited from the ruling of the stream even though not
they have claimed). But if the judgment is unfavorable, others can initiate the collective process.
again for the same reason.
B) Interest: whoever presents themselves before the judge can only modify the situation in which they find themselves through the
dictation of a sentence, that is to say, that the claim of the party is only valid through a sentence. Without
Interest does not lead to action. Interest is the measure of action.
C) Validity: the substantive right on which one relies to claim must not be exhausted through the
dictation of a sentence (when one wants to restart a process that already has a sentence with the same)
claim and between the same parties). Another way to exhaust the substantive right on which one relies to
to complain is through the liberatory prescription.

Merit ruling: it is the ruling issued by the judge, which puts an end to the matter (to the process) by expressing itself.
on the substantive issue. If I obtained a judgment on the merits, regardless of the outcome, it can be
to talk about being the holder of the right to action. After this, this action cannot be presented again among
the same parts and on the same matter.

Action by the Defendant/Bilateral Nature of the Action: the defendant is also the holder of the
action, and has constitutional roots, since it originates from the constitutional guarantee of defense in
trial, which implies the right to defense. The action of the defendant is called exception. This is what gives
place to the bilaterality of the action,
creating a procedural relationship between the defendant, the plaintiff, and the judge. In addition to exercising the action that is
denominates exceptions, the defendant can raise defense mechanisms when presenting exceptions to the
requirements of the action of the plaintiff.

PRETENSION
It refers to the type of pronouncement, to the sentence that requests the judge (condemnation, execution, declaration) it is the
The content of the petitioner's will is what is claimed from the judge, containing an affirmation of the right. (Art 330)

Elements of the claim:

- Subjective: the subjects who act in the claim (who presents their claim 'plaintiff', against whom
"defendant" and before whom it is expressed "judge".

Objectives:
The object
Immediate: type of pronouncement that is going to be requested
Mediato: good of life that is claimed
The cause
Foundation
Title
Activity
Place (of the court)
Time (that is not prescribed)
Form (written)

RELATIONSHIP BETWEEN CLAIM PRETENSION AND DEMAND

The claim constitutes the content of the requesting will, the aspiration put forward by the one exercising the
action. For the claim to be accepted in the ruling, it must be substantiated, that is, it must have support
legal, it must be recognized by substantive law. The claim would be given by the type of
pronouncement that is claimed from the judicial body. It is possible to distinguish the claim from the object. This is
the good of life upon which the requested ruling should fall. In certain cases, the plaintiff may obtain
the claim without achieving the object and vice versa. The demand is the act of starting the process by which it
exercises the action. It serves to determine the opening of the process. The complaint contains the claim.
(ART 330 CPCCN)

THERE CAN BE NO CLAIM WITHOUT A DEMAND.

The action is the right to obtain a judicial decision on the merits, applying the law to a case.
determined. The demand is an act of request through which the power to take action is exercised. Finally the
The claim is what is requested from the judge, the ruling that is desired to be obtained from the jurisdiction. If the
the claim is unfounded; if it has no legal protection, it will be rejected in the ruling. There may then be,
claim without right and right without claim. Accumulation of claims: it is possible that in the same and
the only process the judge has submitted to his decision more than one claim. Article 87 of the cpccn states that before
the notification of the lawsuit, the plaintiff may consolidate all claims they have against the same party. The
The time limit for accumulation agrees with the provisions of Article 331 that allows for modification of
the demand before it is notified. For the accumulation to proceed, it is not indispensable that there exists
Connection between the different claims since the code does not require it, however it should not be admitted.
when she becomes a source of delays or makes the process more burdensome. It is necessary to take into account that with the
The accumulation of claims pursues procedural efficiency, this accumulation is optional for the plaintiff.

The eligibility requirements for accumulation are:

- accumulation of actions (claims): art 87
accumulation of processes: art 188
The claims that are accumulated should not be contrary to each other, unless the accumulation is done in a manner
subsidiary in case one of them does not succeed
2. The claims must correspond to the jurisdiction of the same judge, however, it has been admitted that the
accumulation of claims that should have been processed in the civil and commercial courts.
3. The claims that are accumulated must be processed through the same procedures; this rule is also not absolute.
since the accumulation of claims of different procedures was admitted when they were closely
linked, in such case, the judge will decide the procedure to follow

PART
The party is the one who claims and against whom the claim is made; it is the one who seeks the satisfaction of a claim. In everything
the process involves two parties: one that petitions in their own name (plaintiff) and another against whom that conduct
is required (demanded) The concept of party is strictly procedural; that quality given by active ownership
or passive of a claim and is completely independent of the actual existence of the legal relationship
substantial on which the judgment will be pronounced. When the process begins, the judge is presented with
my hypotheses, simple statements, not verified facts, and it is precisely to verify if
Does the alleged right actually exist and is that actor legitimized or not, which is instructed in the process. They can be
both natural persons of ideal existence and legal entities that must act through their
legal or statutory representatives.

Ability to be part
It is the capacity to hold rights and procedural duties. Every person has the ability to be a party.
from its conception and lose it with their death.
They also have the capacity to be part of legal entities, whether of public law (national state,
provinces, municipalities, etc.) or private law (associations, foundations, corporations).
Legitimation.

Procedural capacity:
Not always is someone who can be part of a process qualified to act on their own; for this, certain requirements are needed.
Furthermore, procedural capacity, that is to say the ability to effectively carry out procedural acts as a party. It reflects
in procedural law, the category of capacity to act in civil law.
In terms of capacity, this is the general rule and its absence is the exception. In principle, every person is capable of
The party has procedural capacity if it is not subject to any grounds of incapacity.
The inability in fact corresponds to procedural incapacity, because in both cases it is about a
inability to act, Procedural capacity reflects in procedural law the category of the capacity to
to act according to civil law. The concept of party is strictly procedural; that quality given by active ownership.
or passive of a claim and is totally independent of the effective existence of the legal relationship
substantial on which the ruling will be pronounced.

Procedural Duties of the Parties:

The parties have procedural duties to fulfill:
A) Duty to act with loyalty, integrity, and good faith: the parties must act with loyalty, integrity, and good faith.
If the parties do not fulfill this duty, the judge must exercise his disciplinary authority and impose a sanction.
said non-compliance. The judge will assess the general procedural misbehavior of the party throughout the process, and to
to dictate a sentence, it will establish its reckless or malicious character for having failed to fulfill its duty, applying
the respective fine that will be in favor of the party harmed by the breach, or may call their attention
or even arrest the offender. The specific misconduct must occur in a written or oral procedural act.
B) Duty to respond for costs: the objective rule of defeat will be applied, that is, the one who loses
must answer for the costs (expenses of the process plus the fees of the intervening professionals), but
there are exceptions. If the losing party does not fulfill its duty, the intervening professionals may do
use of coercive executions.

Legitimation
The procedural capacity constitutes one of the procedural assumptions; the standing is a condition for the
exercise of the action.
Legitimation arises from the law.
One can have the capacity to be a part but not be legitimized in the trial in which that role was assumed.
The legitimization activates coincides with the ownership of the substantial subjective right that is intended to be upheld.
in the trial.
The passive legitimization is related to the nature of the passive subject of that substantial relationship.
There are cases where such a coincidence does not exist, such is the case of irregular or anomalous legitimation, such as
it happens, for example, in joint obligations, where each of the creditors or each of the
debtors, as applicable, are entitled to sue or be sued for the entirety of the debt.
It is not enough for the claim to be presented to the judge by just anyone; it is necessary for it to be...
be that person whom the law considers suitable to stimulate, in the specific case, the function
jurisdictional.

PROCEDURAL LEGITIMACY:
How can the parties act in a process
a) by right of its own: when the party acts on its own or without a representative
b) by proxy: in these cases, the party does not act on its own, but through someone who represents it.
(power of attorney)

Representation of the parts

Anyone who enjoys procedural capacity is enabled to intervene in the process personally or through a
representative (conventional). If lacking procedural capacity, in need of suitable legal representation.
The representative is never part of the process, but acts on their behalf. Representation can be:
Legal or Necessary: it occurs when there are procedurally incapable individuals subjected to incapacity.
In fact, they require legal representation in the process. The legal representatives can be the parents,
tutors, curators, spouses or the Public Prosecutor's Office in those cases established by law. When it comes to
Legal entities that require legal representation will be represented by attorneys or lawyers.
enrolled.
Conventional or Voluntary: it occurs when the person who has procedural capacity chooses to be represented.
in the process. This conventional representation is handled by a third party that intervenes in the process to
request from a party through a power of attorney contract. The law states that the party may be represented by
a prosecutor (mandatary) or a notary who does not act as such, or must be accompanied and assisted by a
lawyer (sponsor) who fulfills both functions of representing the party in the process and defending them
before the court. The mandate contract is formalized through the granting of a judicial power that can
to be
General: it implies that the representative can act on behalf of the party in any type of judicial proceeding.
Special: implies that the representative represents the party in a specific process.

How is the authority (the representation) accredited? It is a burden of the representative.

Beginning of Representation (article 46 CPC): article 46 of the CPC establishes that representatives,
Whether legal or conventional, they must formally certify the representation they invoke. Thus, it provides that the
A person who presents themselves in court for a right that is not their own must accompany their initial written submission with the
documents that prove your status as a representative.
If it is a conventional or voluntary process, the legal status is accredited with a simple testimony of the
whether general or special. However, either ex officio or upon request from a party, the submission may be urged.
original testimony.
If it is a legal or necessary process, the guardians and curators must present the testimony of the resolution.
the discernment of guardianship or curatorship to validate the legal capacity. When it comes to legal entities, the
The representation is accredited through the testimony of the partners who certify it. Parents and spouses must not
to verify the legal capacity, unless the judge orders otherwise ex officio or at the request of a party.
Effect: Once the legal representation is confirmed, the representative will perform all procedural acts in the name of
who represents.

Duties of the guardians

Presented the power and once their representation is admitted, the attorney assumes all responsibilities that the
laws impose on him, and his acts bind the governing authority or the mandate as if he personally practiced them.
The attorneys are obligated to continue the trial as long as they have not legally ceased in their position.
the mandatary must pay their agent the costs caused by their exclusive fault or negligence, when
these were declared judicially.

Law 109969 article 11 states the following duties:

to file legal remedies against any final judgment adverse to your party and against any
regulation of fees that correspond to be paid to it.
b- to attend, at least, on the designated days for notifications in the office.

Extension of the mandate

Article 51. - The power granted for a specific lawsuit, regardless of its terms, includes the authority
to file legal resources and pursue all instances of the lawsuit.
It also includes the power to intervene in incidents and to exercise all actions that occur during
the sequel of the litigation, except for those for which the law requires special authority, or have reserved.
expressly in the power.

Termination of Representation or Mandate (article 53 CPC):

The performance will end:
1) By express revocation of the mandate. The party must choose a new representative for the case, otherwise it will...
consider that the party abandons the process (rebellion). The party must appear with the express revocation of
mandate, or it can be submitted directly by the new representative.
2) Due to the resignation of the official. The representative must notify the party of their resignation by means of a notice.
real address, but must continue to perform their duties until the specified term has expired.
part so that it can be replaced or so that it appears on its own. If the deadline expires and the party does not appear on its own or
does not replace the representative, it is considered that the party abandons the process (rebellion).
3) Due to the cessation of the legal personality with which the representative was litigating. For example: when the minor reaches the age of majority.
at the age, the representation of the guardian ceases.
4) For having concluded the cause for which the power was granted. E.g.: special power.
5) Due to death or incapacity of the party (grantor). In these cases, the representative will continue to act
its function until the heirs or the legal representative intervene in the process or until the deadline expires.
If the official becomes aware of the death or incapacity of the party, he must inform the judge. Furthermore,
You must inform him of the name and address of the heirs or the legal representative, if known. Once confirmed
death or incapacity of the party, the judge must notify the heirs or the legal representative so that
appear in the case. If the address is known, the judge notifies them and they do not appear within two
days, it is considered that they abandon the process (rebellion), but if the address is not known, it will designate a
defender.
6) Due to the death or incapacity of the representative (proxy). In these cases, the processing of the
trial and the judge will set a deadline for the party to appear in person or through a new representative. Expired
If the party does not comply with the deadline, it is considered that they abandon the process (default).

Joinder of parties
Process involving several people in the same position of part. Process with multiple subjects.
Depending on the plurality of subjects it can be:
Active: action of several actors against a defendant.
Passive: action of an actor against several defendants.
Mixed: performance of several actors against several defendants.
In addition, the joinder of parties can be:
A) Optional or voluntary: it depends on the free and spontaneous will of the parties.
The basic characteristic of optional litisconsortium is that the outcome of the process and the content of the
The ruling may be different for each party involved, as each of them has procedural standing.
independent. The claims are different, but the judgment is one (on paper), but the judge will analyze
the claims and evidence of all the co-litigants.
It can produce the following effects:
The process can conclude for one or some of the co-defendants and continue for the others.
The procedural impulses produced by a co-litigant benefit or harm the others.
In relation to the test, it is necessary to distinguish between common facts and individual facts for each.
litigant. If one of the co-litigants provides evidence regarding a common fact, that evidence will suffice to
everyone and does not harm the others. If it concerns individual facts, the evidence must be taken into account.
presented by the litigant, but the evidence presented by others must also be taken into account
litigants.
The resources submitted by a co-defendant do not benefit the rest, unless it leads to a ruling.
of contradictory rulings regarding a fact common to all litigants.
It entails a repeal of the rules of competition.

B) Necessary: it is necessary when the sentence can only be effectively issued against all participants of the
controversial legal relationship in the process, so if not everyone is present, compliance is impossible. There exists
a unique claim that can only be filed by or against several legitimate parties. It produces the
following effects:
The procedural acts carried out by a co-litigant either benefit or harm the others, as the
the claim is unique and cannot be divided.
-The acts of disposition carried out by one of the co-litigants do not produce their normal effects until
the remaining co-defendants adopt the same attitude.
If one wants to end in an abnormal way, the acceptance of all is needed.
If one of the co-defendants denies a fact acknowledged by the others, its verification is necessary.
The defenses raised by one or some of the co-defendants benefit the others.
If the judgment is unfavorable, with the appeal filed by one co-litigant, it serves for all.

C) Necessary or quasi-voluntary: these are the most difficult cases to resolve, they involve co-litigation.
voluntary because the process can be validly constituted without the presence of all the parties involved, without
Once the litisconsortium is formed, the fate of the parties is closely linked and there is no
total independence as in that one. Intervention of third parties: in the process, in principle, two parties intervene:
actor and defendant. But many times during the development of the litigation, they are incorporated into it, either in the form
spontaneous or provoked, different people from the original parties in order to enforce rights or interests
own but always linked to the claim of one of the original parties.

Intervention of third parties

These third parties should not be confused with those who are completely uninterested in the outcome of the process. The
third parties are those who are affected by an embargo decreed in a process, either because the asset
cautelado is your property (third-party domain) or because they intend for the proceeds from the auction of
It is said that they should be paid first due to having a preferential right. The intervention of these people
foreseen in ART 97 A 104 CPCCN has characteristics different from the people we will address in this
The third party has no interest in the outcome of the process where the seizure was ordered.
intervention of third parties interested in the outcome of a lawsuit in which they are not involved is a consequence of the
effects of judicial rulings. These have a direct effect that only concerns those who were part of the
trial, but they also have a reflective effect as they impact another legal relationship different from the one debated in the process.
Third parties can intervene in different ways, which gives rise to the following types of intervention:
voluntary or spontaneous intervention: Exclusive: in this case the third party claims an interest incompatible with that of the
parties in litigation.

The intervention of third parties occurs when persons other than the parties are incorporated into the process.
originating in order to assert their own rights or interests, but linked to the cause or object of the
claim. Once the intervention is declared admissible, the third party ceases to be such to assume its status as
part. It can be:
A) Voluntary/Spontaneous Intervention: the third party intervenes on their own. It can be:
- Simple Adhesive: the intervening third party must summarily prove that the ruling may affect their
self-interest.
Litigation consortium: it occurs when a third party who would have been entitled to sue or be sued
in the trial, intervenes in a foreign process by joining the active or passive co-plaintiff who filed a claim or was
defendant.
Exclusionary Intervention: the third party claims an interest incompatible with that of the parties in litigation. It was not
included in the national procedural code.

Article 90. - Anyone may intervene in an ongoing trial as a party, regardless of the stage or instance in
that he is found, who:
1) Summarily believe that the ruling may affect your own interest.
According to the rules of substantive law, he would have been entitled to sue or be sued in the
trial.

Procedural Quality of the interveners: the intervention of the third party in the process can be of two
tipos:coadyugante(la actuación del interviniente es accesoria y subordinada a la parte a quien apoya)
the intervenor acts as a litisconsort of the main party and will have the same powers
procedural.)

B) Provoked/Coercive/Necessary/Forced Intervention: the third party is called at the request of one party or ex officio
by the judge to enforce the sentence. However, the third party is not obliged to intervene, because
he will do it if he wants to and thinks that what is being debated in the process may affect him.
Article 94. - The plaintiff in the complaint, and the defendant within the term to raise preliminary exceptions or
To respond to the lawsuit, depending on the nature of the trial, they may request the summons of the person to whom it pertains.
consider that the controversy is common. The citation will be made in the manner provided by articles 339 and
following.

In the provoked intervention, aside from what was mentioned, there are other hypotheses regarding said intervention:
litigation report: the one who requests the citation of the third party does not assert a claim, but simply reports.
that will make it valid in the future, through a regressive action or contribution; e.g.: the joint debtor
The defendant can summon another co-defendant so that in the contribution lawsuit, this one cannot allege the ...
negligent defense of the first.
citation to the legitimized: e.g. the lawsuit brought by the co-creditor, the debtor defendant requests the
summons of the other creditor(s), since without that summons the potential acquitting judgment cannot be granted.
opposed to the co-debtors who were not part of the trial.
Call for the third party: the defendant requests the summons of another person, different from the plaintiff, who
it also aims (or may aim) for the same thing claimed in the lawsuit.
The non-intervention of the mentioned third party prevents them from claiming that the defendant paid wrongly and seeking to collect.
again the credit, but it does not prohibit him from exercising his claim against the actor who collected in the previous trial.
indication of the indirect possessor: the possessor or the holder of a thing, who is sued by a real action,
denounce the name of the legitimate defendant so that the plaintiff can properly file their lawsuit.
guarantee call: only the defendant can request it, citing the one who has the obligation to fully restore.
or partially what I must deliver as a consequence of the eventual sentence that falls in the process where
The citation is made.
citation of eviction
OPPORTUNITY
Article 105. - Both the plaintiff and the defendant may request the summon of eviction; the former, when presenting the
demand; the second, within the period to raise preliminary objections in the ordinary trial, or within the
set for answering the complaint, in the other proceedings.
The resolution will be issued without prior substantiation. A summons will only be granted if it is manifestly
proceeding.
The denial shall be appealable with devolutive effect.

NOTIFICATION
Article 106. - The aforementioned will be notified in the same manner and time frame established for the defendant. It cannot
invoke the inadmissibility of the citation, having to limit themselves to assuming or not the defense. If they do not exercise it, their
Responsibility will be established in the corresponding trial.
EFFECTS
Article 107. - The requested citation will timely suspend the course of the process for the period that the judge
To be set. It will be the responsibility of the claimant to activate the necessary proceedings for the notification of the cited party. The deadline for
to raise preliminary exceptions and the processing of these will not be suspended.
ABSENCE AND DELAY OF THE CITED
Art. 108. - If the summoned person does not appear or, having appeared, refuses to assume the defense, the trial
will proceed with the one who requested the citation, except for this one's rights against that one.
During the proceedings of the trial, both parties may continue with the proceedings to obtain the
appearance of the cited. If he presents himself, he will take the case as it stands. In the
the response may invoke exceptions that have not been raised as preliminary.

DEFENSE FOR THE CITED

Article 109 - If the cited party takes on the defense, they may act jointly or separately with the party that requested it.
citation, in the capacity of co-defendant.
CITATION OF OTHER CAUSAL FACTORS
Art. 110. - If the cited party wishes to, in turn, cite their causative party, they may do so within the first FIVE (5) days.
having been notified, without prejudice to the burden of continuing the process by itself. Under the same conditions,
Each of the causative parties may request the citation of their respective predecessor.
The request for simultaneous citation of TWO (2) or more causes will be admissible.
The summons made without the necessary advance notice for the summoned party to appear before will be ineffective.
the first-instance ruling.

subrogation action
ORIGIN
Article 111. - The exercise of the subrogatory action provided for in Article 1196 of the Code
Civil will not require prior judicial authorization and will conform to the procedure prescribed by the following articles.

CITATION
Art. 112. - Before a transfer is made to the defendant, the debtor shall be summoned for a period of
TEN (10) days, during which this may:
1) Opposing form, based on the fact that the claim has already been filed or on the obvious inadmissibility of the
subrogation.
2) File the lawsuit, in which case you will be considered as the plaintiff and the trial will proceed with the defendant.
In this last assumption, as well as when the debtor has exercised the action beforehand, the creditor
may intervene in the process in the quality prescribed by the first section of article 91.

INTERVENTION OF THE DEBTOR

Art. 113. - Although the debtor does not exercise any of the rights granted in the previous article when summoned,
may intervene in the process in the quality prescribed by the second paragraph of article 91.
In all cases, the debtor may be called to answer questions and acknowledge documents.

EFFECTS OF THE SENTENCE

Article 114. - The judgment will be res judicata in favor of or against the summoned debtor, whether or not they have appeared.

Third parties
It is the means by which a person, different from those who act as the plaintiff and defendant, intervenes in a
determined process claims the lifting of an embargo decreed on a property of its ownership or the
preferential payment of a loan with the proceeds from the sale of the seized asset.
Classes:
of ownership: it must be based on the ownership of the seized assets, in order to obtain the lifting of the
unduly imposed embargo. Its purpose is the protection of a real right invoked by its holder,
whenever the integrity of that right is affected as a result of an embargo.
by right of better claim: the third party intends for their credit to be declared as preferential payment and, therefore, that with the
The proceeds from the sale of the seized asset shall be credited to the debtor before the creditor.
Competition the judge competent is that of the main process.

How can the Lawyer act?

In the process, the lawyer can act as:
A) Sponsor: when the lawyer fulfills the function of legal sponsorship, which requires having a degree in law.
lawyer and registration of the Public College of Lawyers of the jurisdiction.
B) Attorney-in-fact: when the lawyer acts through a power of representation granted to him by the party. It can
special (implies that it represents the party in a certain process) and general (implies that it represents to
the party in any type of judicial procedure.
C) Manager: when the lawyer who lacks sufficient representation to act on behalf of the party, ...
presents and acts on her behalf anyway. It is conditioned to present the power within the
40 business days.
D) Defender: when a person does not want or cannot appoint a lawyer to take on their defense,
the public defender intervenes on their behalf.

What happens when a document lacks the lawyer's signature? (art. 57 CPC)
It will be considered not submitted and will be returned to the signer if within the second day of notification by the ministry of
read the provision that requires compliance with that requirement was not remedied by the omission.

Public Ministry and its function

The Public Ministry is a constitutional body composed of the Public Prosecutor's Office, led by the
Attorney General of the Nation and in charge of the actions of the prosecutors, who are responsible for the interests
public in judicial processes. In addition, it is made up of the Public Defense Ministry, led by
by the general defender of the nation and in charge of the actions of official or public defenders, who
they are responsible for defending the rights of individuals persecuted by the courts of the country or who for some reason
circumstances they cannot exercise their defense (minor incapacity).

Judges' assistants
We can divide them into 2 groups:
a) those who act within the jurisdiction of the court:
Secretary: he can be considered the main collaborator of the judge. His appointment depends on the Chamber of
appeals of the corresponding jurisdiction are carried out through a competition. He must be an Argentine citizen,
lawyer and not have a family relationship within the 4th degree of consanguinity or 2nd degree of affinity with the judge.
ART 38 FUNDAMENTAL DUTIES: its functions are related to the organization of files and its
maintenance, drafting of minutes, communicate judicial decisions to the parties and third parties through official letters,
certificates, orders or edicts signed by him, to extend certificates, testimonies, copies of records.
The court secretaries must attend the judges' agreements of the chamber and record them.
the respective books, draft the judgment projects discussed in the agreements, report without delay
from the writings, petitions, official documents, and other dispatches to the president of the chamber, authorize the actions,
provide and sentences that pass before them, safeguard files and documents that are under their charge,
being directly responsible for their loss or deterioration, to keep the books in good order.
- administrative secretary: among their functions, we can highlight the following: signing simple resolutions
relating to the addition of documentation and those ordering the referral of the proceedings to the Public Ministry,
tax representatives, etc. and return submitted documents without copies.
Officers and assistants: they collaborate with the judge and the secretary. They perform predominantly functions.
administrative. Those who act outside the court's headquarters:
1) Office of warrants: it is composed of officials known as justice officers. They depend on the
CSJN and their main function is to execute the orders issued by the courts.
2) notification office: it is composed of the notifying officers. They depend on the CSJN.
3) technical advisors (expert and technical consultant)

THE PROCESS
Process: it is that complex, progressive, and methodical activity that is carried out according to rules.
pre-established, whose outcome will be the issuance of the individual conduct norm (sentence), with the aim
to declare the applicable substantive law to the specific case.
It is complicated because many subjects are involved in the process.
It is progressive because it occurs with a succession of acts.
It is methodical because it is carried out based on established rules.

Basis of the process: mediation

preliminary proceedings demand response test sentence execution of the sentence
The sentence can be appealed and from that appeal, it goes to the execution of the sentence.
What are the Procedural Budgets?
Procedural requirements: they are the essential prerequisites for a valid process to exist. The requirements
Procedural matters are those that allow the judge to issue a ruling on the merits. The procedural prerequisites are the
following:
A) Competent Judge: the judge approached to satisfy a claim must be competent in
reason of the matter and of the territory. But if someone carries out the action before an incompetent judge, the cause is
it will rectify by transferring the file to the competent judge.
B) Capacity of the Parties: it is the legal ability to be a party in a process, that is, what it is
capacity to hold rights, duties, and procedural burdens (capacity to be a party). Furthermore, it must
to have the ability to carry out valid procedural acts by oneself, that is, it is the aptitude to exercise
the rights and fulfill the duties and burdens inherent to the status of a party, but if he is hindered from doing so,
requires appropriate representation (procedural capacity).
C) Valid Demand: the claim made must be documented in writing in a procedural act that is carried out by the
part, referred to as the complaint. If the complaint does not meet the requirements established by the Procedural Code
Civil and Commercial Code of the Nation (art. 330 and onwards) in order to be valid, can be rectified.
D) Non-existence of another identical process in progress: it is prohibited to simultaneously process two processes.
the same parties and on the same matter. This refers to the state of 'lis pendens'. This does
contrasts with 'connectedness' (accumulation of processes), as the parts may be the same, but the
the claim must be different. This produces a displacement of the guarantee of the natural judge.

How does the Procedural Code classify the Processes?

A) Knowledge Processes (Article 319 CPC): they are those that aim at a claim
seeking for the judicial body to declare the content and scope of the existing legal situation between the
parts. They are also called plenaries, because the knowledge that the judge acquires about the case is complete,
absolute, complete, culminating in a sentence that has the authority of res judicata, that is to say, that
it cannot be reviewed in the same process (unappealability), nor in another subsequent process (immutability).
Within the knowledge processes, the following are distinguished:
Ordinary (article 330 CPC)
- Summaries (repealed in the CPC)
Summary proceedings (article 498 CPC)

B) Enforcement Processes (article 499 CPC): they are those aimed at making the sanction effective.
imposed by a previous judgment that requires the losing party to carry out or refrain from an act. It is the
coercive part of the jurisdiction in the event of a breach. Within execution processes, the following are distinguished:
Execution of Sentences (article 499-519 bis CPC)
Executive Judgment (article 520-594 CPC)
Special Executions (article 595-605 CPC)

C) Singular Processes: those whose object consists of one or more claims relating to facts, things or
specifically determined legal relationships.

D) Universal Processes: those that pertain to the entirety of an estate, with a view to its settlement and
distribution. They have jurisdiction. E.g.: succession process; bankruptcy.

What is the Structure of Knowledge Processes?

Structure of Knowledge Processes: the procedures of this type consist fundamentally
four stages:
Application Phase: begins with the filing of the lawsuit by the plaintiff. Then, it proceeds
transfer to the defendant so that they can respond to it. Once answered, if the judge declares the matter purely
law because the plaintiff and defendant agree on the facts but disagree on the application of the law,
or because the controversial facts can be accredited with the records of the file, it is concluded that the
cause for definitive, therefore, the evidentiary stage is dispensed with.
Probation Stage: it begins with the opening of the case for evidence. The term for evidence will be set by the judge.
it shall not exceed forty days. The documentary evidence in the possession of the parties must be submitted
with the claim and its response in summary and very summary proceedings, the entirety of the evidence must be
offered with these writings. The judge declares which evidence is admissible and sets the hearings for the reception.
from the confessional and the testimonial. Once the arguments are presented or the deadline has passed, the judge calls for a ruling.
If there was no evidence, this stage is closed.
Decisive Stage: begins with the calling of cases for judgment. In this stage, there is no discussion, there is no
no written submissions are presented nor evidence is produced, unless the judge orders the production of evidence to clarify something
Done. Once the call for a ruling is accepted, the judge has 40 days to issue it in the trial.
ordinary, 30 in the summary, 15 in the summary processes of lesser amount, 10 in other cases. ART
321 INC 1 CPCCN.
- Challenge Stage: against the final ruling, a clarification (before the judge himself) and appeals are admissible.
of appeal and nullity before the court of appeals. If the sentence is appealed, it goes to a second instance of
knowledge. The procedure will consist of an introductory stage that begins with the presentation of
the expression of grievances and its response. The procedure concludes with a chamber ruling. The rulings
The decisions of the chamber's rooms are subject to clarification and ordinary appeal or recourse.
extraordinary.

What is the Structure of the Execution Processes?

Structure of the Execution Processes: consists of three stages:
1) Demand, Payment Intimation, Attachment, Citation to Raise Exceptions: in this first stage,
only the creditor acts, so the judge does not serve the debtor and issues a mandate. However, the
The judge can summon the debtor to complete the title.
2) Opposition to Exceptions: response and evidence: in this second stage, the debtor is given the opportunity to intervene for
that asserts their rights. In this way, the debtor responds to the actions of the creditor and the
tests. Finally, the sentence of auction and sale is issued, so that later the appeals against the
sentence.
3) Execution of the Judgment of Attachment and Sale: this is the stage of forced execution, where it proceeds the
auction of the seized assets in your case, or the direct payment to the creditor of the principal, interest, and costs, if applicable
the money was embargoed.

Accumulation of Processes
Accumulation of Processes: when two or more processes that have been started separately come to form
part of a single case that is processed before the same judge or court, in order for a judgment to be issued
unique. It is about avoiding the issuance of contradictory judgments, prevailing the same criterion to resolve.
the issues raised in the different processes. The accumulation must be made on the file in which
first the lawsuit has been notified, regardless of which of the processes is more advanced. If the judges
participants had different jurisdiction based on the amount, the accumulation will be made in the greater one.
amount. For example: Nico crashes a car, four cases were opened. Nico requests the consolidation of processes to avoid having to
go to four different courts.

The admission requirements are:

That the processes are in the same instance.
That the judge responsible for understanding the accumulated processes is competent in terms of the
matter.
That the processes can be carried out through the same procedures.
That the state of the cases allows for their joint processing, without causing harmful delays.

Single sentence: the accumulated processes will be processed and decided jointly, but if the procedure results in
Difficult due to the nature of the issues raised, the judge may order that each process be conducted
separately, dictating a single sentence. The test produced in any of the accumulated processes,
even if they have been processed separately, it has full effectiveness in the others. Furthermore, the separate processing, when
issuing a single ruling does not prevent appeals against it from being filed in a single case and
make a single justification that encompasses all accumulated processes.

PROCEDURAL PRINCIPLES
Basic rules without which there is no due process and by procedural systems to the general directives in
that inspires a procedural ordering. The legislator may choose one system or another, but may not
ignore the procedural principles: these do not allow any choice; if they are not represented, there is no due process.
Functions: the principles and procedural systems serve three functions:
They serve the legislator for the regulation of procedures, whether they are explicitly translated into the
text of the codes, whether they arise more from the normative expression, from the precise way in which
those are applied in practice by the courts.
In other words, the principles and procedural processes do not necessarily have to be explicitly stated.
in procedural laws.
Some of the procedural systems are a consequence of the available or unavailable nature of the law.
substantial that tends to act in the process, although as happens in most of them, they are not absolute
but in certain areas of law the existence of opposing systems is allowed, but of course, with character
exceptional.
Exceptionally, the device system does not apply to certain areas of law such as civil status.
of the people.
They serve as elements of interpretation of procedural norms in doubtful or conflicting situations.
such luck that if in a specific case the law does not provide for the transfer to the opposing party of a petition, the judge,
likewise, it will grant it before resolving by applying the principle of contradiction that is inherent in everything
judicial process.
They allow for a historical and comparative study of different procedural legislations in this way.
procedural laws from the past can be understood in terms of the principles and systems that were common to them and
its evolution to this day.

Procedural principles
The application of procedural principles is essential for there to be due process according to
with the liberal orientation of our Constitution, for which the following requirements are enforceable: that the judge who
resolve the conflict be impartial and independent - let the judge resolve the conflict be impartial and
independent - ensuring the right to defense of the parties is broadly secured.
Procedural laws provide for institutions such as the recusal or excuse of judges with the
same purpose.

- Principle of Equality: establishes that some should not be excluded from what is granted to others. Within
from the field of procedural law, the CSJN decided that the equality of the parties is not affected by the
existence of contradictory rulings in similar legal situations, nor for the variation of a chamber of its
own plenary jurisprudence. The benefit of litigating without costs granted to one of the parties does not violate the
principle of equality but aims to ensure that the litigants are placed in the process in absolute equality of
conditions.

Principle of Legality: establishes that no one can be judged without a law prior to the act, thus guaranteeing
Let the judge apply the existing legislation. There are no retroactive laws, unless they are in favor of the defendant.

Principle of Contradiction: establishes that the parties must be heard before the judge issues any ruling.
resolution. Therefore, it seeks to ensure the inviolability of the right to defense of the parties. In this way, the
Parties must have an opportunity to be heard, to present evidence, and to challenge those.
resolutions from which any harm may arise. However, the defense in trial is a right
what the parties have, so they are not obliged to make use of it. The process may continue if the party does not
he presents himself to defend, once the deadline for doing so has passed. Furthermore, this principle is limited in certain
cases where speed is required in the process.
Linked to this principle is the principle of congruence, since the judge cannot resolve on
issues that have not been raised in the process. Thus, congruence establishes the necessary conformity
There must be a connection between the ruling and the claims made in the lawsuit. There will be inconsistencies if the judge...
fails beyond what the parties request (ultra petita) or if it rules on something that the parties did not request (extra)
request).

Flexibilization of the principles: there may be conflicts of procedural principles in opportunities between
yes or among these and other rights. If the conflict arises between norms of different legal hierarchy, or between a
general norm and another special one, or between a later norm and an earlier one, the general concepts of
interpretation of the laws. But if they all have the same rank, in some cases, the legislation establishes the
guidelines to resolve the conflict and, in other cases, the judge must weigh which right should beto prevail
in that specific case.
Irreversibility of res judicata
It has constitutional basis, as it derives from the right of property, because what is granted by a definitive sentence.
integrates the beneficiary's assets.
Currently, it has been relativized, favoring the concept of 'fair process' when it comes to cases.
exceptional cases of manifest injustice resulting from gross errors in judgment.

Principle of congruence
It requires the judge to rule in accordance with the claims and defenses put forth by the parties in the process and
in accordance with the facts stated and proven by these.

The constitutional principle of equality

Legislation must consider the rights of the weaker party in a protection system, in order to avoid incurring
in what Ferrajoli calls "indifference to differences", leaving the parties subject to the relationships of
strength.

Principle of legality
The judicial interpretation of the law is always a value judgment regarding the same law; the judge has the
responsibility to choose the only valid meanings, that is, those compatible with the rules
constitutional and with the fundamental rights established by them.

Device Principle
Entrusts to the activity of the parties the stimulus of the judicial function and the contribution of materials on which it has to
it will be the judge's decision.
The manifestations of this principle are:
a) private demand: it means that the judge cannot initiate a process on their own. It is necessary for someone to
claiming the protection of a right provokes the intervention of the body through the lawsuit, procedural act of
initiation of the process, since the judiciary never acts on its own and only exercises jurisdiction in cases
litigations in which it is required at the request of a party.
b) Contribution of facts by the parties: it is the responsibility of the parties to provide the facts on which
they base their claims and defenses and the judge has the duty to consider explicitly those for their decision
accepted by them, as well as the prohibition of taking into account rights not asserted in a timely manner in the
Process. The unasserted fact does not exist for the process and does not exist for the judge.
c) Contribution of evidence by the parties: the validity of this statement implies that the judge could rule.
based on the evidence offered and produced by the parties in support of their respective positions, that is,
he could not order tests not offered by them or lost due to their negligence.
d) Party impetus: it does not have absolute character within the Procedural Code. Although the parties remain subject to
to promote procedures, the judge may order ex officio the necessary measures aimed at preventing
the suspension of the process for which, once a deadline has expired, the corresponding authority has been exercised or not
will proceed to the next stage in the procedural development.
e) Private disposition of the process: just as the process is initiated as a result of the promotion of the
demand, may be concluded by the parties' own decision before the issuance of the final judgment that the
accept it or reject it.

Preclusion System
It determines that the various acts of the process in order to be valid or effective must be fulfilled within the
deadlines set by the law. In a preclusive type process, the facts must be provided by the parties in their
written complaints and responses. Preclusion operates in 3 cases:
a) for not having observed the deadlines that the law indicates for the exercise of the authority, if the defendant does not
failing to respond to the lawsuit within the time limit waives your right to respond later.
b) Due to the performance of an act incompatible with the exercise of the authority that is subsequently attempted
exercise.
c) Due to having already exercised the procedural authority in question, even before the expiration of the respective deadline, in
the cases in which the process has already moved on to another stage as it cannot revert.

Procedural acquisition system

Does this system imply that the effects of procedural acts and the results of such activity are indivisible?
but benefit one party or another, regardless of who carried them out.
According to this system, the facts asserted by the parties and the results of their evidence may be
indiscriminately used by them for their benefit, regardless of who stated or offered them.

Mediation System:
It requires direct and personal contact of the judge with the parties and with all the material of the process, excluding
any indirect means of judicial knowledge.
System of Procedural Economy
Establish those issues that tend to shorten and simplify the process, avoiding its unreasonable
prolongation. The manifestations of this principle are:
Concentration: aims to shorten the process by gathering all procedural activity in the fewest possible acts.
possible.
Eventuality: it establishes that the allegations of each period of the process must be presented in a
simultaneously in such a way that if one of them is rejected, a favorable ruling can be obtained on
the others.
Speed: prevents the extension of deadlines and eliminates procedural steps that hinder speed.
process.
Sanitation: it grants the judge certain powers and duties in order to resolve without limit all
the issues that could hinder issuing a valid judgment or shorten the process.

System of legality and instrumentalization of forms

Except in the processes of arbitrators and friendly conciliators, the parties cannot freely agree on the
requirements of place, time, and manner to which procedural acts must be subject.

Writing and oral system

The procedural acts of the parties, third parties, and the court can be expressed in written or oral form, although
It is worth noting that an oral process, in general, cannot do without a certain degree of writing.
In the same way that a written one cannot overlook certain orality.

Advertising system
It demands that procedural acts be known not only by the parties but also by third parties. It responds to a
ideal republican.

Alternative Mechanisms for Conflict Resolution

In addition to the classic way of resolving conflicts, that is, before a judge representing the State, there are
other mechanisms that better satisfy the interests of the parties and the community that needs
may these conflicts find a quick solution with savings in time and money. Such
mechanisms are negotiation, mediation, conciliation, and arbitration.

Negotiation: preliminary discussions conducted by the parties or their lawyers to try to resolve the
conflict, without the presence of a third party unrelated to them. Negotiation is a bilateral act.

Conciliation: it is a trilateral act, as the parties and a third party are involved. It is a procedural act held
before the court of the case or before an administrative body, in order for a third party (judge, secretary,
mediator, etc.) achieves an agreement between the parties that ends the conflict. It is used in matters
labor (SECLO=mandatory conciliation).

Arbitration: it is a private judicial process where the parties decide to submit their conflicts to the
decision of private judges. Arbitration speeds up the process, as it does not burden the judicial body. But
As a disadvantage, this means is much more costly for the parties. The arbitral decision is mandatory and has
the same effectiveness as a judicial sentence. Before a conflict arises, the signature and the
consent of the parties where they agree to submit the resolution of such conflicts to an arbitrator
(arbitration clause).
Arbitral Award: The arbitral award is the format of the arbitration sentence. It is not recorded.
conflict. If one of the parties does not comply with the award, the party harmed by the non-compliance may resort to the
national or international judicial route. The arbitration award can be appealed, which has a suspensive effect and
It is resolved in five days. Once the arbitration award is given, it goes to normal justice, and if this does not contradict the
In the legal order, the jurisdictional body will establish that the award is enforced.
Mediation (see photocopy of article): it is an alternative means of conflict resolution where a mediator
collaborates with the parties so that they find a solution that meets their claims, ensuring the
confidentiality of the proceedings. In accordance with the new law, it is incorporated into the civil process the
pre-litigation mediation is mandatory. Mediation can be public or private.

Cases that are exempt from mediation: according to what is provided in article 5 of law 26.598, the
Mandatory mediation procedure in CABA will not apply in the following cases (12):
A) Criminal actions.
B) Personal separation actions, marital divorce, annulment of marriage, filiation, parental authority and
adoption, except for the property issues arising from them. The judge must separate the proceedings,
deriving the equity part to the mediator.
C) Causes in which the national state, the provinces, the municipalities, the City of Buenos Aires, or their decentralized entities
be part of, except in case.
D) Processes of disqualification, declaration of incapacity, and rehabilitation.
E) Protection, habeas corpus, habeas data, and injunction.
F) Precautionary measures.
G) Preliminary proceedings and anticipatory evidence.
H) Succession trials.
I) Preventive contests and bankruptcies.
J) Call for a homeowners' assembly.
K) Conflicts of jurisdiction of labor justice.
L) Voluntary processes.

Mediation Procedure: the way to assign the mediator can be mutually agreed upon by the parties,
by lottery (officially), at the request of the requester, or at the request of the judge. The mediator must set the date of the
hearing. Then, notify the parties. In the first hearing, you must explain to the parties what it consists of
mediation (they must be informed that it is a mandatory prior instance and that it is confidential).
Then, you must promote dialogue between the parties to try to reach an agreement. The hearing can be
to do it jointly or separately. An agreement can be reached, and the minutes are closed with an agreement, but if
If an agreement is not reached, a new hearing is scheduled or the trial begins.

Procedural Acts
Set of acts carried out by the parties, the judge, and third parties, which aim to determine
the facts and the pronouncement of the sentence. Each of these procedural acts is linked to each other,
in successive order, so that each one is an antecedent and consequence of another.

Structure of the procedural act

The elements of the procedural act are form, time, place, and content:
The FORM constitutes the objective aspect of the act, that is, the way of externalizing the will. It refers to the
materiality of the act and the incidence of time on its effectiveness.
The CONTENT is purely subjective and entails a psychological process.
In relation to the SUBJECTS, the procedural act can be carried out by: a) the body and its auxiliaries; b) one or more
litigants; c) one or more third parties; d) the body, the litigants, and the third parties.
The OBJECT of the procedural act is the purpose sought by the one who performs it, or the one who requested it, or the one who fulfills the act.
As a legal act, the procedural act must have a lawful object, an end not prohibited by law, and meet
requirements of loyalty, probity, and veracity demanded by the ultimate goal of the process, that is, justice.
The FORM is essential in relation to the subject and the object, and it exerts a primacy over them; they are subordinated to it.
this. The subject, because the will, in order to be effective, must manifest itself in a certain way, as established by the
procedural law. And the object, because the content that expresses and seeks it must also be materialized through the
legally prescribed forms.

Form of Procedural Acts: it is the way in which procedural acts must be expressed.
It arises from the law, from agreements, and from custom. This externalization is linked to time, deadline, or term.
set by law for its execution, and the place where the act must be carried out. Except for exceptions
expressly determined by law, in our process the form is written. The documents must be drafted
in the national language (in the case of documents in a foreign language, it must be accompanied by its translation)
by a national public translator), using black ink, and they must meet certain specifications, including
them, heading, name of the presenter, constitution of the domicile, statement of the heading of the
file, and volume and page of lawyers and procurators.

Classification
A) Procedural acts of the judge and their assistants: they can be of instruction, resolution, and execution.
Acts of instruction: they order the procedure
- On admission: provisions through which procedural acts are admitted or rejected.
litigants.
Of transmission: their purpose is to inform the litigants of what is requested or done in the
process. They ensure the principle of contradiction and defense in court.
Of knowledge: the perception, understanding, and evaluation by the judge of the various
elements contributed to the process for the decision of the lawsuit.
- Disciplinary: they serve the purpose of preventing attitudes that hinder the procedural process. The law
It empowers the judge to impose sanctions on their own assistants, the parties, and third parties.
2) Acts of resolution: various types of sentences, issued by the judge, with knowledge
summary or broad on the merits of the case or on the procedure, when it has been questioned.
3) Acts of execution: those through which the judge exercises a specific element of the
Jurisdiction: coercion. The fulfillment of judicial mandates is made possible.
B) Procedural acts of the litigants, their advisors, and assistants
1) Unilateral acts: produce its effect by the sole will of the person who performs them.
Acts of application: they contain an expression of the will aimed at deducing the
respective claims.
Acts of simple documentation: made up of the contributions of knowledge material.
Decision-making actions: unilaterally the party can comply and that are aimed at the
termination of the process.
Acts of execution: these are carried out by the legitimating party in compliance with a court decision.
2) Bilateral acts: require the agreement of the wills of both litigants.
C) Procedural acts of third parties: two important acts: witness statements and acquisitions of goods
auctioned by court order.

Time of Procedural Acts

The effectiveness of procedural acts depends on their execution at the right moment, thus the law
sets time limits on the activity of the subjects of the procedural relationship under penalty of nullity, by setting
Days and business hours in which the acts must be executed.
All days of the year will be considered business days, except for those determined by the regulations for
national justice.
Saturdays, Sundays, national holidays, and judicial holidays will be considered non-working days.
that the Supreme Court of Justice of the Nation declares.
The working hours will be from 7:30 AM to 1:30 PM for those actions that must be carried out in court, and from 7 AM to
20 hours for those acts that must be carried out outside the judicial headquarters (notification).

Grace Period (art. 124 CPC)

It establishes that the document not submitted within the judicial timetable on the day the deadline expires may only be
validly delivered to the corresponding place on the next business day within the first two hours of dispatch
(until 9:30 am).
However, in the province of Buenos Aires, the grace period establishes that the document not submitted within the
Judicial hours on the day the deadline expires, it may only be validly delivered where appropriate on a business day.
immediately within the first four hours of dispatch (until 11:30 am).

Express Authorization (art. 153 CPC): at the request of a party or ex officio, judges or courts must authorize
days and hours when a hearing cannot be scheduled within the legal term or when it concerns urgent proceedings.

Enabling Small Measure (art. 154 CPC): the action started on a day and hour suitable may be completed until its end.
in non-working hours without the need for enabling. In this way, if it is not finished that day, it will continue on the following day.
next business day at the time set by the judge or court.
When does a deadline begin to be computed?
The procedural deadlines are calculated from the business day following the notification and if they were
common (litigant consortium), since the last one. Procedural deadlines are subject to suspension or interruption:
Suspension of Deadline: the suspension temporarily halts the deadline, but once it is lifted, it resumes.
counting the time that has already elapsed prior to the act of suspension.
Interruption of the Term: the interruption annihilates the time (term) that has elapsed until the interruptive act or fact.
(starts from scratch).

Extension of the Deadline: for any procedure that must be carried out within the Republic and outside of the seat of
court or tribunal, the legal deadlines will be extended by one day for every two hundred kilometers or
fraction that does not go below one hundred.

Classification of Procedural Deadlines: the deadlines, that is, those periods within which it is necessary
to fulfill each procedural act in particular, it can be:
1) Legal: those expressly established by law.
2) Judicial: those established by the judge or court.
3) Conventional: those established by mutual agreement between the parties.
4) Peremptory: those whose expiration results in the expiration of the right that has ceased to be used.
All legal and judicial deadlines are peremptory. (Prescription)
5) Non-preemptive: those where the act can be executed while the opposing party does not request the decay.
of the law.
6) Extensible: those that can be extended by a unilateral request made prior to
its expiration.
7) Non-extendable: those that cannot be subject to extension. Any peremptory deadline is
immutable. But not every immutable deadline is imperative.
8) Individuals: those who run independently for each part.
9) Common: those that run jointly for all litigants.
10) Ordinary: those common deadlines provided for in the CPC.
Extraordinary: those deadlines not established in the CPC and set by the judge.
Article 150 CPC: the period to respond to views and transfers, unless otherwise provided by law, shall be five.
days.

Place
In principle, all procedural acts must be carried out at the venue of the court of the case, except for some that
The judge's assistants carry out (notification). There are other exceptions to the general rule which are: the reception
from testimonial or confessional evidence at the home of the person who is unable to attend
to the court or the judicial recognition of places or things.

Notifications. What procedural burdens does the party have regarding the domicile?
Notifications are the means by which judicial resolutions are communicated to the parties.
In the first document presented by the party or their representative, the real address of the person must be reported.
represented. In addition, it must comply with another procedural burden, as it must constitute the procedural address.
physical, which only serves for the processing of that process. It must be located within the scope of
jurisdiction of the court. The CPC also speaks about the procedural burden of the party to establish legal domicile.
but this is wrong because it does not constitute a legal domicile. Another procedural burden is to establish the domicile.
electronic, which is the electronic address of the professional involved in the process, and to which it is addressed
all notifications that are not on paper.
If the representative fails to comply with the physical and electronic procedural domicile, it will be considered established in the
court stands (to learn about judicial resolutions in a fictitious manner).
The physical or electronic address can be changed (when a representative changes). The change will be valid.
at the address when notified to the other party.

Given the existence of two types of domicile, the CPC establishes as a general rule that notifications
they must be practiced at the physical procedural address and, as an exception, at the actual address. If not complied with
with the obligation to report the real address, notifications must be made in the physical process and, in their
In the event of default, the automatic notification regime applies on Tuesdays and Fridays. The reported addresses
(real) and constituted (physical procedural) in the file subsist during the processing of the trial until they are not
report or constitute others.

What is the General Rule regarding Notifications?

Automatic Notification or Ministry of Law: according to what is established in article 133 of the CPC, it is
general principle that judicial resolutions are notified, at all instances, on Tuesdays and
Friday, or the next day of note if any of them were a holiday, that is to say, the following Tuesday or Friday after.
which corresponded if it was a holiday. This is to expedite the judicial process.
Exceptions to the General Rule: there are two cases in which a person is not considered to be
automatically notified, that is, on Tuesdays or Fridays:
If the file is not found in the court. Ex: The parties take the file on loan.
If the file is in the court but is not shown to the requesting party, they must leave.
consistency in the attendance record or note to avoid being automatically notified.
Article 150 CPC: the deadline to respond to views and transfers, unless otherwise provided by law, shall be
five days.

Implicit Notification (article 134 CPC): another exception to the general rule of notification is constituted by
the tacit notification. It is one that implies that the party performed an act from which it is understood that they took
knowledge of the writings that led to the judicial resolution. It happens when:
The party withdraws the file on loan.
The party, their representative, their lawyer, or the person authorized in the file retrieves copies of documents, which
it involves the notification of what they contain.

What is the difference between Notification by Cedula and Personal Notification?

Personal Notice: the personal notice is the one that occurs when the party or their representative
they present in the secretary's office, leaving express notice that they took knowledge of the act, signing at the bottom of
the diligence.
Notification by Cédula: the notification by cédula is one that is carried out at the domicile of the party or of
their representative, where the justice assistant (notification officer) intervenes and carries out the proceedings that
the judge orders. The Supreme Court established, through a decision, that notification by summons is
replaced by electronic notification in all cases detailed by the code. However, for
In some cases, notification by means of a notice (transfer of the claim) still applies. The party is notified.
electronically when the court's email enters the box or email of the intervening professional.
Content and Procedure by Notice: the notices must contain the following requirements:
Name
Trial in which it is filed, establishing the court and the secretariat in which it is processed.
Transcript of the relevant part of the resolution that is notified.
-Object, clearly expressed, if it does not result from the transcribed resolution.
Details of the copies that are attached.
In general, the documents are signed by the lawyer of the party that has an interest in the notification, unless...
notify provisions that order precautionary measures or the delivery of goods, in which case they must be signed
by the secretary. In addition, the notices that notify provisions must be signed by the secretary.
correspond to actions in which a sponsoring lawyer does not intervene. They must also be signed by the
Secretary the ballots that the judge orders due to urgency.
The notices will be sent directly to the notifications office within 24 hours, having to
be processed by the court officer, and they must be returned to the court of origin for their addition to
file.

The Judicial Resolutions that must be Personally Notified or by Notice are (article 135
CPC):
1) The resolution that orders the transfer of the claim, the counterclaim, and the documents that are
accompany with your response.
2) The resolution that orders the transfer of the exceptions and the resolution that disposes of them.
The resolution ordering the opening of evidence and designating the preliminary hearing.
4) The resolution declaring the issue of pure law, unless it occurs in the preliminary hearing.
5) The resolution issued between the call for the sentence and the sentence itself.
6) The resolutions that order the precautionary measures or that provide for the resumption of deadlines
suspended.
The first providence after the unarchiving of the case.
8) Those who have a view of settlements.
Those that provide third-party bidding to the process.
10) The final judgments and interlocutory ones and their clarifications with their respective exceptions.
11) The ruling that denies extraordinary remedies.
12) When recusal, excuse, or declaration of incompetence is appropriate.
13) When the transfer of the expiry of the instance is appropriate.
14) When the transfer of prescription is appropriate.
15) And all others that the judge may order.

Notarial Notification (art. 136 CPC): the notarial notification is one that is carried out at the domicile of the
part or its representative, where a notary intervenes. In cases where the notification must be by
certificate, it can also be done through a notarial act, telegram, or documented letter. This occurs in the following
cases:
The notification of the demand transfers.
Counterclaim.
Summoning strange people to the trial.
The final sentence.
All those that must be carried out with the delivery of copies will be carried out solely by means of a notice or record.
notarial.

Notification by Edicts (art. 145 CPC): the notification by edicts is one that is carried out through
publications by the press, intended for uncertain persons or whose address is unknown. The party must affirm
under oath that he has made the efforts to know the address of the person who must
notify. The notification is carried out in the official bulletin and in one of the newspapers with the highest circulation of
place of the last residence of the cited. The deadlines for the edicts are set by the judge. The edicts contain the
statements of the documents and the transcription of the resolution summarized. The official defender takes care of the
interests of the party that is notified by edicts if not presented.

Trades
They are referred by a judge to another to entrust him with some diligence or to request reports on the status of a
file or the referral of it. Reports are also requested from public and private entities, or the referral of
administrative actions.

Exhortations
Means used to direct communications to foreign judicial authorities and to receive requests from them.
Article 132 of the CPC establishes the requirements.

Audiences
Article 125 CPC.

Transfers
They are the provisions by which the judge or court decides to inform one of the parties.
any request made by the other.

Views
The views essentially have the same purpose as transfers, with the difference that they are
used in certain processes and cases.

Notifications
Notifications are the acts through which the parties, or third parties, are informed of the
content of a court ruling. Notifications can be personal, by notice, by notarial act,
telegram or registered letter, by public notice, and finally, by broadcasting.

COPIES
Article 120. - Of any written document that must be forwarded and its responses, which are intended for
offer evidence, promote incidents or establish a new residence and the documents added with them,
as many signed copies as parties involved must be submitted, unless they have been unified.
representation.
The written document or paper, as the case may be, will be considered not submitted and will be returned to the presenter, without further action.
procedure or appeal, except the request before the judge authorized by article 38, if within the TWO (2) days
following the notification, by ministerial law, of the order that requires compliance with
requirement established in the previous paragraph, the omission has not been remedied.
The copies may be signed, indistinctly, by the parties, their representatives or lawyers involved in the
trial. They must be glossed to the file, unless their volume, format, or other characteristics render it
difficult or inconvenient, in which case they will be kept orderly in the secretary's office. They will only be delivered
to the interested party, their representative or lawyer who intervenes in the trial, with a note of receipt.
When copies are to be added to schedules, official documents, or exhortations, they will be detached leaving a record of that.
circumstance.
The regulations of the superintendent will establish the deadlines for which copies must be kept.
glossed to the file or reserved in the secretary.

Judicial resolutions
The purpose of procedural resolutions may consist of instructing the process, deciding the issues that arise.
they present in their development, resolve what constitutes the main object of the cause and execute it coercively
decided.
a) Simple provisions (art 160 cpc): they aim at the formal development of the process, that is, in general,
They are instructional acts. They proceed regarding requests that do not require substantiation or are given ex officio.
by the judge in compliance with duties or powers that are their own. No other formalities are required than their
written expression, indication of date and place and signature of the judge or president of the court, or of the secretary in
your case.
b) Interim rulings (art 161): through them the body decides issues raised by one of the
litigants and that have been previously processed. In addition to the requirements for simple provisions,
They must contain the grounds for the decision, expressed in a positive and precise manner, and a ruling.
about coasts.
c) Homologating sentences (art 162): Thesentenceon homologations, far from deciding issues
controversial, they seek to givevalidityaagreementsproceduralthey have arrived by theparts. All the assumptions
oftransaction, oreconciliationof the objectlitigious, or else thewithdrawalof the prosecution of thetrialfor one of
thelitigants.
For its ruling, the judge of the case must examine the admissibility of theapproval, if it refers to issues
litigious, available through thepartsor conversely, affected norms that relate toorder
publicIn case of doubt, in the face of the danger of violating suchprinciples, themagistratewill not allow for the
homologationevery time the simplewillThe litigants do not compel him to do so.
d) Final rulings (art 163): judicial resolutions that conclude the process. It is the highest form of
the jurisdiction, through which the judge decides on the main issue of the subject of the lawsuit.

Charges, duties, and obligations

With 'burden' it refers to the convenience for the subject to act in a certain way, in order not to expose themselves to
the unfavorable consequences that a different attitude could cause him/her.
a) The burden as duty, right, or faculty: the concept of burden is far removed from any idea of duty.
As Rosenberg points out, “no one has the duty to succeed”; that is why, in the face of a burden, the subject can
organize your behavior as you see fit, even in a manner contrary to what is provided in the regulation; and this does not
engages in no illegal or unlawful activity.
Neither is the burden a subjective right, as there is no legal link between the parties, nor between them and the
judge, when it comes to procedural burdens.
The CARGA is an autonomous institution that integrates the general theory of law, although its main
We warn of its application within procedural law.
b) Characters: we notice the main application of the load in the process; therefore, although those characters are
Typical of the burden in general, we cannot overlook in our analysis the references to the procedural burden.
Lack of sanction: there is no sanction for failing to adjust behavior to that provided for in the norm that establishes the
load.
Lack of coercion: in terms of procedural burdens, the litigants adjust their conduct to what is provided in
the rule that creates the burden, stimulated by the desire to succeed in the lawsuit.
Self-interest: the adaptation of behavior to the norm is done in self-interest.
 Immediate consequences: the consequences derived from the non-observance of the burden are generally
of a mediate and eventual nature. In the process, and more properly with the burden of proof, the
non-compliance with this is appreciated only in the sentence.
c) The burden in substantive law norms: the burden is not an exclusively procedural institution, since
we also find it in substantive law; in this sense, and even though the Commercial Code states
that every merchant is obliged to keep accounts and records of their operations and to have accounting
Commercial, strictly speaking, this constitutes a burden, since the books kept in proper form are admissible in court.
as means of proof.

Procedural Nullities
The nullity is a procedural act that arises from various defects that can affect the subjects that
they intervene in it or in the essential elements that make it up. However, when there is a procedural act
defective that does not cause harm to the parties, nullity cannot be requested. In this way, it is observed
that harm is an essential requirement for nullity. All nullity is relative, as it can be remedied.
The purpose of procedural nullities is to prevent non-compliance with the established forms in order to, and
preserve the right of defense of the parties and the principle of bilateralism.

Principles that Regulate Procedural Nullities: art. 169, 170, 171, 172 CPC.
The instrumentality of forms: the declaration of nullity is not applicable when the act, despite its
irregularities have fulfilled the intended purpose.
From one's own acts: the party that has given rise to the nullity cannot request the invalidity of the act.
completed.
On validation: when the act has been expressly or tacitly consented to by the interested party.
declaration, the nullity cannot be declared.
Regarding specificity: nullity must be expressly provided for in the law.
Of transcendence: the one who promotes the procedural nullity must express the harm suffered for which they raise it.
that the nullity is declared.

Opposition to Procedural Nullities:

A) The nullity is opposed as an incident before the same judge where the defects occurred, and has the effect of
reverse the process to the stage prior to the flawed act. Deadline of five days from becoming aware of the act
addicted.
B) The nullity as a remedy is filed against a judgment that has formal defects and seeks to
revoke the ruling, issuing a new pronouncement that respects the requirements of form.
C) The nullity as an exception proceeds in the executive trial when the rules have not been fulfilled.
established for the preparation of the executive route.

Knowledge Processes
In these processes, the conflict is definitively resolved through a ruling that becomes res judicata.
materially judged and which is thus immutable, even though it should be noted that there are cases that are processed
for the summary trials that do not have those characteristics.

Preliminary Proceedings (art. 323 CPC): are the actions taken prior to the lawsuit, which can be
requests made by both the actor and the defendant. Depending on the purpose they pursue, they can be divided
in preparatory schools and in conservatories.
- Preliminary measures: they aim at the individualization of the subjects of the process, their capacity and
legitimization, as well as the determination of data about the object or about the type of process to be initiated. They are
those that are requested before filing the lawsuit, in order to obtain necessary information for a better
elaboration of this. Also the early test production, which consists of the possibility of producing
test prior to the lawsuit.
a) characters: nevertheless, according to the methodology of the code, Arazi believes that preparatory measures can be requested
in any type of process, even those of execution, when you are indispensable and compatible with the type of
process being addressed.
The enumeration of the code is not exhaustive, and any other unlisted measure may be required if it
the information requested is essential to prepare the complaint accurately, provided that it is not
can be obtained extrajudicially.
b) admissibility requirements: the request must be made before the judge who is competent to hear it
main process.

Proceed in the following cases:

1) Sworn statement about facts related to personality.
Exhibition and seizure of movable property.
3) Exhibition of the will.
4) Exhibition of titles in case of eviction (guarantee).
5) Exhibition of documents common to the society.
6) Declaration about the title under which the object of the lawsuit is occupied.
7) Name of the tutor or curator for the trial in question.
8) Summons for the defendant to establish a domicile.
9) That a judicial measurement be practiced.
10) What is cited for the recognition of the obligation to render accounts.
11) That the recognition of merchandise is practiced.

Expiration of the measures

Article 323 last paragraph: Except in the cases of sections 9, 10, and 11, and of article 326, they cannot be invoked.
steps ordered at the request of the person intending to sue, if the lawsuit is not filed within the
THIRTY (30) days from its execution. If the recognition referred to in paragraph 1 and in article 324 is
The term will run from the time the resolution declaring it has become firm.

Preliminary Test (art. 326 CPC)

Those who are or will be part of a knowledge process and have justified reasons to request the
production of tests that may prove impossible or very difficult during the trial period, may
request that the following be produced in advance:
Statement of any witness of very advanced age or who is seriously ill or about to leave.
of the country.
Judicial recognition or expert opinion to certify the existence of documents, or the status, quality or
condition of things or places.
Request for information.
The exhibition, safekeeping, or seizure concerning the object of the claim.