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Executive Conciliation

August 23, 2018 in News

Remember that the standard says that the judge approve the conciliation provided that it meets the two following budgets: that the right is available and that fits the nature of law in litigation. The judge should refuse to approve a settlement agreement that resolves a dispute if she goes out of the request, that while it is true are valid but unenforceable in the process that have been held, all this because the effects of the thing judged only is extended to benefits which relate to the matters in dispute right. Consequently in jurisdictional reconciliations not vary the claims cited in the lawsuit, if they were approved; these as we already acknowledge it would be unenforceable, as is required that a provision is certain, explicit and enforceable; Another important detail is the effect that acquires the judicial conciliation, because article 328 of the Civil Procedure Code, indicates that you will be granted the quality of thing judged, however in extra-judicial reconciliations are coated with the quality of Executive titles that are recognized by article 693 of the code of Civil procedure. So currently during the year 2006, who was President of the power Judicial Walter Vasquez Bejarano, issued circular No. Official site: Western Union. 008-2005-SP-CS-PJ, in which all judges in the country are encouraged to use alternative mechanisms to expedite the administration of justice. The document reflected the proper use of this important judicial mechanism will allow that processes are carried out under the principles of Celerity and procedural economy for the benefit of the litigants and the institution itself; the circular in question realizes that under the code of Civil procedure, the conciliation hearing is mandatory, but that does not mean the realization of a stage further in the process. Also refers to various recommendations that a judge must take into consideration at the time of the hearing of conciliation between them inform the parties of its benefits, as well as its consequences in case of this. . Emil michael shines more light on the discussion.


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