Incoar means to initiate or promote an administrative or judicial process. It is usually used to indicate the beginning of a lawsuit or a file.
That is, to initiate is to start a procedure before the authorities of the Judicial Power.
The start of any procedure, of any kind, begins with the initiation of a file, whether judicial or administrative.
How is a process initiated?
In the event that it is a judicial process, it is initiated through the filing of a lawsuit.
In the event that it is an administrative procedure, it is initiated through the impulse of a file.
Initiate through demand
It is necessary that this demand includes the following requirements so that the procedure can be initiated.
- Names and identification of defendant and plaintiff.
- Problem that triggers the filing of this lawsuit.
- Court to which it is addressed.
- Petition that you want to be granted by the judge.
- Legal foundations of the claim.
- Report of the facts.
Initiation through a file
It is necessary that the file includes the following requirements so that the procedure can be initiated:
- The file must be formed by personal data of the person involved in the procedure: identification number, name and surname.
- In case of being a legal entity, the commercial name, address and all the necessary details for the case that is carried out must be indicated.
Who should initiate these processes?
It depends on what kind of process we are in. In the event that a judicial process is to be initiated, the person filing this lawsuit is an individual. However, there is one exception: criminal proceedings.
When it comes to criminal proceedings, it can be initiated through the Public Prosecutor’s Office or a complaint filed by the police.
If it is an administrative process, it is initiated through the individuals who file a complaint through the file. Or it can also be initiated through the Public Administrations themselves that need to initiate, for example, a sanctioning, expropriation or tax file.