Dan"/>

Metroplex Mortgages

Jump to content.

Civil Code

483, first paragraph, C.P.A.). This type of accumulation assumes that there is no process died on separation by causal or divorce. In this case accumulation non implementation rules relating to the jurisdiction of the judge and the procedural route as requirements of objective cumulation (Art. 483, C.P.A., second paragraph). The accumulation of ancillary claims having an enforceable decision is possible (final decision) to request your variation (Art.

483, C.P.A., third paragraph). Accessory pretension expressly provided for in the Act, is considered tacitly integrated process and the judge must pronounce on it. For example, section 1321 of the Civil Code, provides: is subject to compensation of damages, who does not run its obligations by malice or fault. If the claim is compliance with the obligation, damages are integrated into the process tacitly and the judge must pronounce in the sentence. Others many cases in the substantive law expressly regulates the damages and prejudices and other accessory claims.

Originally from autonomous claims objectively accumulation. In procedural casuistry, and the doctrine it supports it, we find this type of accumulation of procedural claims that do not subsume within the (subordinate, alternative and accessory), annotated classification that can perfectly invoke some and reject others, by having each one in fact own assumptions and different legal protection, without subjection of one claim with another. There are authors who designate this type of accumulation as originating in autonomous claims objectively accumulation. An example is the following: a person can propose in a same directed demand against a same respondent consistent claims following each one of them in the delivery of sums of money: to) the amount of a mortgage mutual payment; (b) payment of the amount of a bill of Exchange; and (c) the payment of a loan. Coupled with three claims it reaches the amount prescribed by our civil procedural law to be processed in the track of the process of knowledge and competence of the judge in the Civil.

Sorry, the comment form is closed at this time.


Read more

«
»