January 21, 2014

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Determine Damage There are many factors in our lives that can lead to accidents with damage of body character and property. From a collision from traffic until an injury in the workplace, through events such as falls or impact from objects on the head; the risk of supporting this type of damage is very broad and diverse. So it is that, in General, the legal systems of the various countries supported the so-called principle of Civil liability. This same determined that when a person causes damage on another, your heritage or your health, either culpable or negligent, arises for the same obligation to repair the damage caused. It is a legal principle widely spread in our society. However, the claim sometimes is not so simple, finishing in most cases this type of litigation before the courts. General aspects in this kind of claims for damages if you suffered some sort of damage, personnel or material, it is necessary to consider in the first place if you could have any type of responsibility in what happened, regardless of the fact that another person might have been, in the same way, wrapped in what happened. A turnout of guilt that might effect a reduction of the liability of the other party would have occurred in this case. In other words, in alleged said economic compensation that you would be would be less, depending on the circumstances that had occurred. On the other hand, have in mind that in such cases the courts always handle a number of requirements that must be taken to grant compensation for damages:-firstly, you should be able to accredit injuries or damages on your person or your goods. If you'd simply slipped in a supermarket by being wet soil but your damage had been minor, it might not be that it caused a compensable prejudice. -On the other hand, should attend some kind of severely reckless or negligent performance by the other person against whom you interpones your claim. For example, having circulated exceeding speed limits. -Finally, had to be precisely that self-employed...
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Civil Procedure Code On the other hand, in addition to the legal basis, the claim must rest on the occurrence of certain number of facts whose eventual subsequent accreditation through the probative activities will allow the claim contained in the demand is declared founded. In this case it's the fundamentals of fact. While there are processes where this element of the claim do not exist, i.e. There is no facts discussed, this absolutely exceptional situation. In the earlier examples, the fundamentals indeed demand for eviction would be the occupation of the premises by the respondent, the existence of the lease, among others. Also the procedural claim has a central elements, this is the concrete order, i.e. what, in the field of reality is what the pretensor want either the intended action or a statement of the Court. This procedural claim element named request, even though doctrine tend to be called also petitum or petitio. Even a sector of the doctrine identifies this request with what is known as the object of the claim. Taking the example of which we have been serving as a basis, the request would be formed by the recovery of the possession by the plaintiff. In conciliation Court, judges should take into account also the article III of the preliminary title of the Civil Procedure Code, which says: for purposes of processing and integration of the procedural rule. Article III-The judge should serve that specific purpose of the ' process is to resolve a conflict of interest or eliminate uncertainty, both with relevance legal, making effective substantial rights, and its abstract aims to achieve social peace in justice. In the case of empty or defect in the provisions of this code, shall resort to general principles of procedural law and appropriate, in the circumstances of the case doctrine and jurisprudence. In this regard, we can mention the great difference that exists between extrajudicial conciliation in which raw material the solution to the conflict and the restoration of social peace in justice, which is reflected in the own autonomy of the will of...