January 08, 2014

NEXT POST
The Jurisdictional The institution of conciliation, whatever its form, as means of dispute resolution has great expectations in those who posit them, because their objective advantages are evident, however there are several factors which have made them failing our legal reality since ancient times. We must not forget that this institution with some variants was already known and had constitutional status in our reality from the Constitution of 1812 until which occurred in 1828 and then fell almost into oblivion, precisely because of the scarce results had thereon. In the experience of the judicial conciliation, will try to find the factors that have given the expected accomplishments or unwanted limitations and prospects that provides your application after many years of experience. So currently the jurisdictional bodies shows us that a different application is given in what refers to the intra conciliation process, in the case of this essay we will show the conciliation act performed in a process of nullity of judicata fraudulent, which concluded by conciliation; without that became available or recognised the existence of fraud, collusion, affecting the right to a due process within this cause; more on the contrary the conciliatory formula was restricted around the possession of a property in litigation, claim that was not required by the plaintiffs of the process in question. CABE then ask has had achievements judicial conciliation? may the conciliation process intra vary the claims made at the demand of the process? and if the initial claims were varied, these may be enforceable and executables in a running process?, the majority opinion of the operators and litigants can not affirm it; on the contrary there are serious evaluations that deny such achievements and show in any case limitations that draw a relative failure compared their initial perspectives. In judicial proceedings, it is usual that reconciliations are not made by the plaintiffs absence and reconciling resolve only at smaller percentage in the contentious.
PREVIOUS POST
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...