It is a type of judicial resolution, which ends the process. If said sentence, in addition to ending the process, enters the study of the merits of the matter and resolves the controversy by applying the general law to the specific case, we can affirm that a sentence has been produced in the material sense.
On the contrary, if the resolution that ends the process does not go to the heart of the matter or settle the controversy, but, for example, postpones the resolution of the dispute for another occasion and if it contains statements of meaning and significance exclusively and merely procedural We will face a formal sentence, but not a material one.
TYPES OF JUDGMENTS
- INTERLOCUTORIES. They are resolved as the definitive ones within the procedure to resolve an incidental dispute applying the law to the specific case and are intended to resolve an incident. DEFINITIVE. They solve the core business. Its effects are to paralyze the prosecution, for example the sentence that resolves an annulment incident.
FORMAL REQUIREMENTS OF SENTENCES.
- Be drawn up in Spanish as any resolution and documents that are added to the file. The sentences must contain the indication of the place, date and judge and court that dictates them, name of the contending parties, the nature with which they litigate and the object of the lawsuit.Antities and dates written in every judicial resolution. In addition to the aforementioned, they must have the legal foundations of it and the signature of the judge and the secretary. of any kind the lack of any requirement will result in the nullity of actions.
ESSENTIAL AND SUBSTANTIAL REQUIREMENTS OF JUDGMENT.
- CONGRUENCE OF SENTENCE.- It is related to the principle of the same name and means that the sentence must have parity with what is litigated by the parties. Congruent; They must be motivated and they must be exhaustive. Congruence is understood as the relationship that must exist between what is implemented by the parties in the process and the considerations expressed by the judge in the points of consideration, to then deduct the content of the proposals.
- MOTIVATION OF THE JUDGMENT.- The motivation of the sentence is that the judge must express the reasons, reasons and rationale for its resolution, a principle that is provided for in article 16 of the Constitution. the questions raised by the parties referring to all the tests as the law says how to interpret them, and the value it places on each of them.
1.- The preamble: Where the date of the same is noted, the court that issues the resolution, the names of the parties, the type of process, the file number and, finally, clearly, all the data that the process involves.
2.- Results: They contain a general extract of all the acts related to the process such as: the demand, answer, counterclaim, evidence and allegations of the parties, without making any consideration of the merits of the business in this chapter.
3.- Considering: That is the part in which the judge particularly analyzes and in accordance with the law the entire procedure and where he gives his reasoned and motivated opinion to resolve what in law he considers fair or legitimate for the parties. In this chapter, direct studies of the law are regularly made with the evidence, with the action exercised and with the other procedural elements that the parties must comply with in a timely manner before passing sentence.
4.- Operative paragraphs or proportions: It is the definitive part of the sentence where the judge definitively fails the business: declaring, condemning or absolving the parties according to their specific analysis carried out in the considering part of the sentence.
LEGAL EFFECTS OF JUDGMENT
The immediate effects that a judgment produces in relation to the parties and with the consequences of litigation could be summarized in three fundamentally in the process: declare, condemn, or acquit the parties in the process.
If the remedies have been exhausted, including the amparo trial, if this was proposed by the affected party, or, if the forms of challenge established by law have not been exhausted, the sentence issued in the case will be enforceable, this is the res judicata or legal truth that must be complied with in each and every one of its proposing parts.
The execution of the sentence must be carried out in the proposed terms, even by means of the force of the state to comply with it in all its parts, that is, the judge can use the necessary means, including the force to comply with its resolutions.
JUGED THING.
Eduardo Pallares in his dictionary of civil procedural law, defines the res judicata in the following terms: “The res judicata is the authority and force that the law attributes to the final sentence.
We understand by authority the legal need for what is found in the judgments to be considered as irrevocable and immutable, already in the judgment in which they are pronounced, or in a different one. The force consists in the coercive power that derives from the res judicata, that is, in which what it orders must be fulfilled ”.
The sentence then, when it acquires the force of res judicata, for having reached its final nature and not admitting any recourse, then reaches the category of legal truth, ordering the compulsory compliance of the same to the parties who attended the trial.
JUGED THING. EXISTENCE REQUIREMENTS
For there to be res judicata, identity is required on the things that are the object of the claims, on the cause of asking, the persons of the litigants and the quality with which they were, which means that the merit or substantial merits of the matter must be resolved, because if a sentence resolves, for example, the lack of legitimacy or interest in the actor, nothing will prevent the actor from proposing a new lawsuit after having acquired the legitimacy or interest, since the first one did not study or enter the substance of the claims proposals or decided on the cause of asking or excepting. (Sixth Epoch; Record: 272013; Instance: Third Chamber; Isolated Thesis; Source: Federal Judicial Weekly; Volume XXII, Part Four; Subject (s): Civil; Page: 206).
JUGED THING. ITS AUTHORITY IS IN THE RESOLUTIONARY PART AND THE CONSIDERANTS OF THE JUDGMENT.- In principle, the authority of the res judicata resides in the operative part of the sentence, since it contains the decision of the controversial points, and the mandate of the Judge is not found in the results; but since the operative part has its foundations in the recitals, it must be interpreted in accordance with the recitals themselves, and thus, they participate in the authority of res judicata inherent to the part of the ruling that governs. (Sixth Epoch; Record: 269141; Instance: Third Chamber; Isolated Thesis; Source: Judicial Weekly of the Federation; Volume CXXXVI, Fourth Part; Subject (s): Common; Page: 63).
CHALLENGE
- From Latin impugnare, to combat, to fight against. In Procedural Law it is used to denominate the refutation of the validity or legality of the procedural acts of the jurisdictional body. In the strict sense only these acts are procedurally challengeable.
ACT OR OMISSION CONTESTED
- Regularly against judicial decisions and procedural communications. Also omissions may be challenged: ARTICLE 398 BIS CFPP.- THE COMPLAINT REMEDY PROCEEDS AGAINST
OMISSIVE BEHAVIORS OF THE DISTRICT JUDGES THAT DO NOT ISSUE THE RESOLUTIONS OR DO NOT INDICATE THE PRACTICE OF DILIGENCES WITHIN THE DEADLINES AND TERMS THAT THE LAW INDICATES, OR, THAT THEY DO NOT FULFILL THE FORMALITIES OR DO NOT DISPUTE THE MATTERS OF ACCORDING TO THIS CODE.
- There are acts that the law determines as impregnable
MEANS OF COMPETITION
- They fight the legality or validity of some act or omission They request a resolution, revocation or the contested act is modified They take place within the same process They begin with the filing of the media, they carry out various acts and end with the resolution on the act. The process involves: - The party or legitimized subject - Responsible court - Competent court - Counterpart of the challenger
FILING OF THE MEANS OF CHALLENGE
- With this act the challenge process begins. The specific means of use must be indicated. Data on the act or omission fought.
MOTIVATION
- The reasons why they want to challenge are explained The reasoning can prove that: The procedural rules of time, form and place were violated Substantive rules were violated A bad judgment on the facts, poor evaluation of the evidence
ADMISSION AND EFFECTS
- It can be accepted for two purposes:
-Returnal effect or a single effect: does not prevent the continuation of the process or the execution of the sentence.
- Both effects or suspensive effect. It prevents the course of the process or the execution of the sentence.
SUBSTANCING
- The counterpart is given the opportunity to present his arguments. Evidence may be practiced and allegations may be made. Once this stage is completed, the judge will issue a resolution. Any recourse is a means of challenge; On the contrary, not all the means of challenge are resources. The resource is a means of intraprocessal challenge, it occurs within the same process. There are means of challenge that are extra procedural, are not within the primary process, nor are they part of it; They often give rise to new processes. Examples of remedies: appeal, revocation, and complaint.
Appeal: means granted by the procedural law to challenge the resolutions, in order to correct the underlying errors or vices so incurred when dictating them, this act corresponds to the party that in the process feels injured by measure.
In a broad sense: means provided by law for the person aggrieved by a judicial resolution to obtain its revocation, modification or nullity.
In a restricted sense.- The appeal presupposes that the revocation, rescission or nullity of the resolution are entrusted to courts of a higher instance.
Classification of resources:
1.- Main and Incidental, or Adhesives.
2.- Those that are resolved by the same court that pronounces the appealed resolution and in the same instance; and those that are decided by a different body and in a subsequent instance.
3.- Ordinary and extraordinary resources.
Effects of resources:
The resources of revocation and appeal, will have the effect of confirming, revoking or modifying the contested resolutions; and the remedy of complaint, that the procedural acts carried out with excess or defect in the execution of a resolution be confirmed or revoked.
Interposition:
The resources can only be asserted, by the parties to a trial or procedure, by the
third parties who have gone to trial and the other interested parties who are harmed by the judicial resolution or the procedural acts carried out with excess or defect in the execution of a judicial resolution.
In appeals, the interest in the trial or procedure and the damage caused by the resolution or procedural act must always be alleged and verified.
Whoever promotes a resource can withdraw it until before it is resolved.
Formalities of appeals and concept of grievance
A grievance is understood to be a violation of the law that contains the judgment or appeals filed and that in any way damages or damages the appellant.
Appeals must be filed in writing, in which:
I.- Specify the resolution or contested procedural act, as well as the judicial authority and the trial or procedure from which it arises.
II.- Express the grievances that are caused, understood as such, those reasonings related to the factual circumstances, in a given legal case, that tend to demonstrate and point out the violation or the incorrect interpretation of the law.
III.- Indicate, where appropriate, provide the necessary proofs that prove both the non-existence and the illegality of the decision or act being combated.
IV.- Exhibit a copy of the document to send it to each of the other interested parties.
V.- Refrain from insulting the authority.
VI.- Identify address to receive notifications in second instance.
Revocation resource
It is the means of challenge that the law grants to the parties so that the judge or court revokes or modifies the order or resolution that is not final, that is, it does not cause a grievance or lien that cannot be repaired in a final judgment with the meaning of actionable cars or mere processing decrees.
Class of acts that the revocation proceeds.
Of those to whom the will of the one who revokes has been born and whose subsistence depends on said will. For example: donations and the mandate or unilateral acts.
Resolutions that are revocable.
The decrees and the orders pronounced in businesses whose amount does not reach a thousand pesos.
Quintana Roo Legislation REVOCATION AND APPEAL 589-619
OFFICE REVIEW
O b jectives of this resource they are modify or revoke the sentence, even order the reinstatement of the partially or fully process. This resource can be defined as “one whose purpose is that a higher court than the one that issued the resolution unofficially review it, in its case revoke, modify or order the procedure to be reinstated. Does not exist in the Quintana Roo legislation
COMPLAIN
Vicente and Cavarantes defined the appeal as "one that is filed when the judge denies the admission of an appeal or other ordinary remedy, which proceeds in accordance with the law or when the same commits faults or abuses in the administration of justice, denying the fair requests of the parties, so that before his superior, making present the arbitrariness of the inferior, so that he avoids them, forcing him to proceed according to the law. It does not exist in the Quintana Roo legislation.
INCIDENT OF NULLITY OF ACTIONS.
In order to challenge procedural actions, in which some resolutions (orders and decrees) are occasionally involved, due to the existence of vices or defects in their performance, in most procedural laws, a procedure is regulated to challenge their validity and obtain their annulment, normally known as a nullity incident. It is regulated in the code of civil procedures of Quintan Roo 584-588
TRIAL OF AMPARO
The amparo trial is also a means of challenging jurisdictional decisions in the process, generally those of a definitive nature, when they imply a violation of the guarantees of the parties or a third party.
The sole purpose of the amparo trial is specifically to impose on the authority the respect of the guarantee or the guarantees of the complainant, within the framework of his claim, in order to restore, by law and in fact, the legal order, according to the regime established in the Constitution. If the sentence recognizes and declares the existence of the violation, the intervention of the amparo judge extends to compel the responsible authority to reimburse the promoter for the use and enjoyment of its guarantee, with complete independence of the legitimacy of their respective civil rights., which can be perfectly disputed by any interested party, before the competent authority.
Download the original file
