Civil Procedure Claim

Posted February 8th, 2012 by Bryan

Adding the three claims will reach the amount indicated by our civil procedure to be dealt with in the way of the process of knowledge and proficiency in the Civil Judge. These claims have no connection other than the creditor and the debtor in each are the same, so that you can not raise them subordinate, alternative or ancillary. It is autonomous pretensions different factual and legal basis different. However, this type of accumulation proposed claim is viable because it has backing in principle of judicial economy and in the second paragraph of paragraph 11 of the Code of Civil Procedure. The judge may very well cover a claim and reject the other, depending on the evidence. b. Accumulation of claims successive objectives occurs when entering the procedural claim process after the presentation, admittance and notice of demand.

It occurs in the following cases: 1) When the plaintiff, large demand, with one or more claims Article 428 .- In the Code of Civil Procedure provides that the applicant may extend its application until notified the defendant. Means that you can accumulate additional claims to the demand that has been accepted for processing until the time of notification to the resolution that supports it, to sue. Once the defendant notified or notice is not possible, expand or build new claims demand except accessory that can be made to the Settlement Hearing. 2) Where a defendant reprimand (Art. 88, inc 2, CPC) .- In this case, there is an accumulation of claims, ie the one containing the demand and containing the counterclaim.

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