Tag: expression

Claims

April 17, 2018 at 2:56 pmCategory:General

Despite being contrary pretensions, they are raised in an alternative and the judge can cover both claims and in execution of judgment, there would be power to choose which of the claims must be met by the respondent. Accumulation of ancillary claims. Learn more about this topic with the insights from Teneo. The applicant proposes several claims, noting that one of them has the quality of main and the others are claims that depend on the proposal as the main, and for this reason take the name of accessory. The code allows the accumulation of processes, where there is connectivity, which is also known by the name of improper connection in doctrine, i.e. elements must exist for purposes between different claims; and not the present own connection between claims that derive from the same title or cause.

For example, in a lawsuit may propose, as a principal claim, petition of inheritance and if the assets produced income, you can propose as ancillary claim, payment of fruits of the goods in the proportion corresponding to the plaintiff and if it acted in bad faith, as ancillary claim, may propose for the recovery of damages. If the judge, covers the principal claim, it also covers ancillary claims. As a general principle, claims as a legal requirement of the demand, it is an integral part of it. As exception establishes that the ancillary claims, however, you can integrate and accumulate in the principal claim, until the day of the conciliation hearing (Art. 87 inc.4 C.P.A.). In this sense, for example, the 1985 article of the C.C provides a legal accesoriedad, which does not require to be proposed specifically, because it is of a peremptory norm; the case of the payment of interest is when it comes to the non-contractual liability, upon which the judge necessarily should take a decision even though it has not expressly demanded. In the case of pretensions that has to do with the separation bodies and divorce on grounds, del Codigo Procesal Civil provides an original and accessory accumulation of claims stating that claims about food, possession and care of the children, suspension or deprivation of parental authority, separation of matrimonial property and others relating to rights or obligations of the spouses or of these with their children can build up to the principal claim of separation or divorce, or community property, should directly be affected as a consequence of the principal claim.