This regulation is the fundamental pillar that regulates civil procedural law, that is, all the rules that any person who wants to access a judicial process in the civil field must know. This, from the rights that you have, to the procedural burdens, how to start a procedure and if a lawyer or solicitor is necessary.
This law of prosecution only serves for civil jurisdiction, in the event that it is a criminal proceeding, it will be necessary to go to the law of criminal procedure. Likewise, when it is a labor issue, it is necessary to go to the labor legislation.
Characteristics of this regulation
The main characteristics of this legislation are:
- The provisions belong to public law, that is, it establishes rights and obligations that are in the public interest. This, despite the fact that the process it is regulating is based on private law. This means that the matter that comes to trial is private, for example, an inheritance, a marital separation or a breach of contract. But once this matter is prosecuted, they must comply with mandatory regulations stipulated in the law of civil procedure.
- Its recipients will be all those natural or legal persons who want to attend the judicial procedure.
- Its main function is to define a framework of legal certainty so that people know what their rights are and what their obligations are during the judicial process.
- It is the main source of procedural law.
- This compendium of regulations does not establish material rights or obligations, such as civil law. All the rights stipulated in this law are relative to the trial, for example, the right to present evidence or to request the testimony of an expert witness.
What regulates the law of civil procedure?
The procedural rules regulate:
- Jurisdiction: Jurisdiction is the function and power that judges have to resolve conflicts that come to trial within their jurisdiction. The procedural rule will be in charge of establishing which judges will take charge of which cases.
- Procedural action: The right of citizens to go before the judicial bodies to request the resolution of a conflict. It is the means to prosecute a conflict.
- Process: It establishes the rights and obligations, possibilities and burdens that arise throughout a process, which give rise to successive procedural situations. It is the set of procedures or acts carried out before a judicial authority to resolve a conflict between several parties. It establishes the requirements so that the resolution of a conflict can be carried out by a judge or court with all the guarantees for both parties.
- Regulates the termination of the process: through search, file or sentence.
- Competition: It stipulates the objective and territorial jurisdiction of the courts.
- Means: A large part of its regulations is the exposition of the types of resources.