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Myths and dogmas in civil proceedings

formal res judicata, res judicata

Some critics around the Cas . N º 3132-2008-Puno, issued by the Civil Chamber Transitional (the sentence is in the newsletter of Cassation El Peruano February 1, 2010). This document will be published in the Law Review editorial of Peru, No. 111.

The Myth of the "distinction" between formal and material TRIED EVERYTHING

Procedural Law today is still a prisoner of certain theories and classifications at the time were proposed, endorsed and accepted, until they came to be assumed, after many years, without a trace uncritical. In these situations, children can be referred myths almost divine in origin (either product of a great lawyer or an ideology), their commission over time and, consequently, the full acceptance by students of the years or centuries later. This is what happens, for example, with the still existing difference between formal jeopardy and res judicata.

few months ago, as part of a process of annulment of fraudulent res judicata ( rectius: civil fraud judicial review) Transitional Civil Chamber of Supreme Court decided a case using the distinction between formal and material jeopardy. Without prejudice to the other reasons for dismissing the appeal, the Board concluded that the contested decision to demand (an order that covers a plea of \u200b\u200blimitation) "formal res judicata therefore does not amount to a final decision because the applicant can reframe latent demand, being susceptible of contradiction and possible changes in other process, and this because it has not extinguished the right, but only action. " In other words can not demand the annulment of a final order which upheld a plea of \u200b\u200blimitation because it only takes formal jeopardy and, therefore, the applicant may NCJF process begins again the process he lost.

This statement is the clearest example of how dogma can be taken to its ultimate consequences. As is known, the formulation of the distinction is this: a formal statement when it becomes res judicata can not be attacked in the process, exhaustion of remedies provided under this (irrecurribilidad) on the contrary, acquire res judicata when I have achieved definitive, that is, when you get the unchangeable in the rule of law in the sentence, is in the process where it had issued as to any other (court, state court no, no state, etc..) with the exception of the civilian review process (the genus to which belongs the NCJF ).

With the things, we see that the "true" res judicata, ie, the immutability which is the source of prestige and existence of jurisdiction is res judicata. What formal jeopardy? Then it becomes a "double jeopardy" limited, inadequate, severed, only capable of providing stability intraproceso perspective. What good is a "double jeopardy" that only involves a depletion of recursive challenge, if that matters is the finality of the legal status enshrined in the statement? Therefore, this figure is no different from the effects, which is inherent in the final (let us call it, without adjectives). But this does not imply any limitation period, but reflects the maximum protection that the law will Presented to an act of power. So it is correct that res judicata is a category closer to politics than the legal.

But the problem is not that the Board Transitional Civil unaware of the futility of the distinction between formal and material jeopardy. That's almost a story when what led to his reasoning was to give a totally ineffective procedural protection. According to this Court, the demand for NCJF is inadmissible because the applicant can start the process again lost by prescription and win. But hey, what happens if the prescription is clear again? According to the reasoning of the Board could re-start the process because the resolution that ended it only takes formal res judicata, and so the vicious circle would continue. Is this the answer that the highest organ of administration of justice should be given?

It is a great mistake to say that the firm imposed on an order granting an exception of prescription only radiate in the same process that issued (this is the premise of the thing formal trial.) Leaving aside the fact that a decision on the requirement implies, in fact, address the merits, that decision becomes res judicata to the point of allowing the deduction of a double jeopardy if returned to start the same process. Then the poor litigant, heeding the advice of Supreme Court - forfeit the process again, but this time not by prescription, but by res judicata. And unless we now, in honor of the legal myths, you want to distinguish a formal jeopardy and a plea of \u200b\u200bres judicata, we conclude that this time, the Civil Chamber resolvió times.

Stranne Table Lamp Spare Bulbs

A courtyard flooded, abandoned a career and a not so distant future

is the news of the moment, is what everyone talks about, is what social networking is flooding like a pelopincho water is boring and scattered in a courtyard with stagnant grids falling leaves in autumn. In these cases, eventually forms a puddle and leaves, the sun, they begin to decay emitting that foul smell that only nature can offer. Everyone talks about Mauricio Macri was prosecuted by Oyarbide in the case of the eavesdropping, which includes several new members of the Metropolitan Police and gave him the image of old-and-bloody-hounds-away-from -other-forces-and-mud-to-the-neck to this new police force, rather than the image hygienic and Buenos Aires neighborhood that the Government wanted to highlight.

The slogan of the moment

His nomination as a candidate would be drowned in that pool bubbling rot if it did not seem to have found a way to unclog the drain and because we approach the winter with little sun and heat to begin the process of decomposition.

other words, this blow to the image of Macri could have some effect if it happened next year, but if the cause does not go to higher authorities may well be forgotten people by October 2011. As to uncover the grid so that water drains out, it seems that one way to find Macri is the classical solution is, first, denying things, and second, to blame Kirchner, supported by the association that exists between the ruling and the judge Oyarbide. This type of solution would have no interest if not paid attention to how the other active members of the opposition. Most, in this case, seems to have reached out. They put her in the water with a bit of Asquith and were taking some leaves slugs. But of course, is impossible to help without getting wet pants, or at least the shoes. Why would Macri out to support a cause that seems pretty firm? Still do not know if it's worth really close ranks in a new indictment verbal sympathy to the government to add anti-K and stick to a person who defends those who tap the phones of people, or if it is holding her hand, see what happens and maintain some dignity. Anyway, Macri eventually have to go to them to have any electoral chance.

seems that the other potential candidates are not clear what approach to take and that is why the statements are all full of "buts" and reserves. Carrio said the facts "existed and were even recognized by the macrismo" but Oyarbide "is not a reliable judge." Sanz said he does not contest this fact originates in the appointment of people who should not have appointed Macri. But the most important is that the government is behind the prosecution. The judge is functional to Kirchner. " Duhalde said: "I do not know deeply the cause. But this mistrust. I smell that behind everything is a scam. "Clearly, the punchinball is Oyarbide and none wants to show support so open to Macri. But does it matter what everyone says especially when Clarin titled The Opposition leaders also believe it to be a K and sets the signals volanta head of government support ? No, because almost no one reads beyond the headlines. The nation, at once, put on the cover : Strong support for the opposition Macri. If two of the newspapers with more circulation and reach across the country titled and there is not much explanation can be given.

Now, something completely different: a race lost by default. Reutemann, pilot car in his youth, seems to have decided not to pursue a career in which his motor was going to be irremediblemente cast. The presidency is a trophy would probably not rise ever. Not matter and if indeed he said it was pulling out or it was a rumor in a tea in Chiche Duhalde. With so many comings and goings, this last assertion did not bury all their chances. It is totally inconceivable that appears now and say yes you are applying. It would be like trying to lift a cow premium with a plastic scoop to make castles. So we have our first debugging la línea de candidatos, reduciendo la cantidad de posibilidades y, según creo, dejándole a Duhalde el camino un poco más libre para presentarse como el Gran Unificador. Un escenario de pesadilla que seguramente se estará preparando para una presentación en el flamante restaurado Teatro Colón. Por supuesto, este escenario hay que armarlo afuera porque la sección de producción propia en los sótanos del Colón fue desmantelada en esta honorable y primermundista refacción, para dar lugar a una confitería y otras amenidades que al parecer son totalmente necesarias.

  Reutemann sin chances. De Narváez todavía colombiano. No sign of Carrio.

But this is already raving. Where is the objectivity of a good journalist? I have to remain calm if I want to be respected in a community of peers. Should I make a cold calculation, which I lower the temperature. Perhaps for the cold I have to get in the heads of politicians rather than a journalist. A thought, in this sense, round my head: given the law apparently unbreakable force that remains in power for no more than two periods, it is not unreasonable that somewhere in the bed of the K strain the idea of \u200b\u200bpassing this election, give them to the UCR to have to renounce the 3rd year and as heroes, returned to power for 8 years. Like chess players, but the next move, it's good to think in the next post movimentos. An analogy that I find dull, like all related to chess, cards and boards, but in this case, it seems correct. A good think official policy in 2011, it already was. The goals now are 2015 and 2019.

Immense Value 200 Years From Now

The offside that was not so well. Surveys are not like that. Metaphors

Until today there was one thing clear: Felipe Solá had been playing ball with fellow dissident PJ, quiet, touching, passing from one side to the other ... From time to time were demonstrations of skill. Adolfo Rodriguez Saa and Alberto are showcased with truancy deluxe-wifi and did the classic move of the brothers Korioto, jumping with the help of the stick. Reutemann served in all good in goal, cutting balls everywhere, except when you had to throw too. Romero and Das Neves are a normal defense, not very bright. Duhalde, hitch and team owner, remains the star player and does what he does best: gets pipe after pipe. Sola, a fisherman in the penalty area, occasionally got a header, but the team did not find the goal.

Rodriguez Saa's about to make his stellar play.

is perhaps most clear in the play, one in which the team would achieve both, in which everything fell apart. Duhalde did what he had to do, put a super spectacular pass down to the large area, but alone, more for malpractice that because of the contrary, was in offside. A very obvious offside. Bottles, glasses, firecrackers, bolas ... all fell on the front that had to be removed in police custody, crying in the arms.
All this was clear until today. Clarín published the wrong move in this way: "Solá anticipated that be presented on the outside of the internal PJ ". The note explained that, along with his teammates, had decided that the guarantees were not the electoral law and decided to appear on the outside block.
All denied it. Das Neves said he would not open from the inside. Duhalde said he went to internal and there were going to win Kirchner. The whole battalion was ready for a fight in a common arena and in this type of event, no amounts presented to lose. It's humiliating, is going with their tails between their legs, having fooled everyone. There are people who committed suicide for less than that and Duhalde predicted that the chicken would not be him, when on April 7 said Kirchner would try to evade domestic because it can not compete because no chances.


Until today. Something happened, something that to balance the fact of being like a hen and the fact that an inmate actually do to win the chance to lean to the side of the latter. Duhalde said today that if the Peronist coalition that formed the Front for Victory, did not think it feasible to participate in the internal.
The longer offside offside when someone, for reasons obscure to date, establishing a new line, a new axis. So now, if the conditions are not, Duhalde will not participate in the internal. Say that means one thing for me: at the bottom, they realized that they will not win the internal. Nobody makes a move like this in the face of an election unless it is to stand for election.
And one might think that this decision has a huge political cost. But not in this country and in these times. The phrases fade after a few days. I bet nobody remembers almost nothing of what he said no politician in recent months. The time, in a very short time, heals all and only the most extravagant phrases are kept in memory. Do not even have to worry about political platforms to present, discuss key issues and gain the sympathy of a certain fraction of the electorate through exposure of their own ideas. People vote for tradition, the effect of public exposure, by affiliation or common sense. And not a problem of people, but there are few opportunities to see or hear the specific ideas on certain political topics. Least of all a live TV debate.
So for now the prospect is that, whatever happens, we will have several Peronist candidates since, to prove they can not win an intern, would open. And do not lose votes in the attempt.


Elsewhere in Gotham, left the outcome of a July survey that Macri marking Aurelio beats Kirchner in voting intentions. Of course, if one read a little more you realize that the survey was only Buenos Aires metropolitan area (whatever that means) and that was done to 2000 people. If we consider that in 2001 the population of this area was 12 million people, could say that this survey is not very significant. We could say that would be safer by relieving the voting intentions of Wally, not everyone around him.

Wally the Green Party vote.

only thing really interesting about this survey is that Kirchner appears to have more votes than you thought in this area which includes the city of Buenos Aires, where the Peronist vote is sometimes elusive.


measurements Kirchner continue to give first nationally with 23% on average. The question still is whether that and what you add at this time will reach to win in the first round or whether there will be an opposition candidate that gathers enough votes to fight a ballot.


still lacks enough. The next turning point on the image of the government I think will give the decision taken on the cutting Gualeguaychú against the Botnia pulp mill.


Until next time.

Rome Total War Loader

useless. The wait becomes too long.

Fuego.

Some archeologists explain that the man used fire back when Homo erectus became the first hominid tourist who left Africa to find a world to conquer, 1.5 million years ago. So much time passed? Blink of an eye and we're here and now with all the past encapsulated in a millisecond brain reaction that allows us to go back anywhere, at any speed, anywhere in time. Homo erectus (or ergaster variants) it took 1 million years to really "control" that fire. Another blink in the history of mankind.

Homo Erectus.

One morning, about a month ago, I woke in my bed as if all these millions of years had belonged to a fuzzy dream, a huge story but split seconds that reached me, and probably go his way. Of course, at that time it revives me and that's why when I was awakened by the sound of voices through handys as those used by police and when I opened the shutters of my room on the first floor of Palermo, in that epic night, only managed to paralyze me for a minute and then get decent clothes in front of the horrible image of two fire trucks, an ambulance and two police cars that were surrounded by many people just looked at my building. And I was inside.

Now comes the part where the reader is disappointed and feels betrayed because her introduction to such a knot should lie majestically tragic outcome. Not really. The incident was in my building but on the floor 18. But I learned that later. Before he opened the apartment door and I had met with firefighters down the stairs and a hose coming down vertically inconmnesurable that hole giddy with all scales. I went down to the street and crossed to the opposite sidewalk. Now I looked into my building and, practically, did not see anything worthwhile to watch. No smoke, no fire. Nothing. Quickly I met a lady who, by the level of anger and frightened face of her daughter, seemed to have some close connection with the incident.
- We will collect signatures to make the throw to the asshole!
- What happened? - Asked
- The calibrated from 18 who is always drunk or drugged to his house at 7 am and starts cooking! It seems that this time put some toast and went to sleep. And I wake up to me and the kids and we have to go to work.
The speaker was the upstairs neighbor who came all the smoke from a stove that burned.
-calibrated entered and was asleep there among all the smoke, choking.
other ladies quickly confirmed that this girl was an undesirable tenant. Suddenly the place became an arena for planning a witch hunt, led by women who had been taken out of his living room reading the newspaper while eating breakfast. And some of them were still in her robe, walking down the street and the lobby! Was an image too strong. I returned to my apartment, climbing stairs that smelled of smoke, and lay down again, to complete a few more hours of sleep. The ambulance, fire patrols and they were gone.
So, have we really gotten tame the fire? Is it the right word or should we say "negotiate", "coordinate" or "trap"? No matter, a distraction, tired eyes, can turn into hell all over the place in minutes.

Which brings us to another story. Two days ago I was reading in my bed as I do every night before bed, a nightstand as any. The unit had already been expressed to me complaining and making the light bulb moments clink. I managed moving the cable. Two nights ago the lamp, supported by many, many papers and books and other junk, decided to revolt, left the crest and send everything to hell. The sound came first. Psst, tssst. Then, see switch out sparks. Finally, the smell of burnt plastic and cables spread throughout the room. Quickly, the cry of "Fuck, no!" I turned off the light by pressing the button and I sat in the dark, soothing, seeing that nothing had happened and smelling the horrible smoke.

I calibrated the floor was 18! Could well have fallen asleep with the book and pointing semi fallen at any page and have let the sparks become larger, cables caught fire and the whole room was burning in flames of literature and notes, many notes, faculty . So these days have been very light for learning through of what some are called "life experiences."

What does all this with the race of 2011? I believe nothing. Fire is a necessary element to our already mentioned pizzas, but we would not be taking the metaphor too far? That trick would play them and you, dear readers, never would a like.
The truth is that something that needed to talk because, unlike what I said a few days, the inmates will not be made until 60 days before the election. So, August 2011. And it takes a lot, lot. This, however, appeases our political beasts, much less, the armies of journalists who want to know, investigate, remove some details on the electoral landscape. And there we are, folks. In that we.

Das Neves, "a guy like you and me."

In the previous story I was skipped to Hermes Binner (government Santa Fe) and Mario Das Neves (government Chubut). The latter is one of the clearest candidates. But of course, can not run alone and set up a bunker in the House of Chubut, in the City of Buenos Aires to meet with politicians like De Narvaez and Reutemann. The "Lole" seems to be a situation of uncertainty that is causing all kinds of conjectures. Joaquín Morales Solá tied ropes from different sources and wrote a note left at the top of the newspaper La Nacion on Sunday 4 April.

Reutemann decided there will be a candidate for president

A bomb. I looked at the Clarion and said nothing at all, for that matter. My first thought was that Morales had set up an interview Solá alone and had got a juicy exclusive. It turns out that the note was based on several conversations that seems to have the Lole in other situations and that, across the data, showing that they would not to apply. Which perhaps is true, but throw in that way at the top of the diary is a move that clearly has some danger of letting in offside. The people of Reutemann denied all the next day.

Binner is unknown. Belongs to socialism, but he knows he will need someone to make an alliance with arch opponent and there is no socialist weight. Will the "PJ dissident" his departure? I see more nearby than the UCR, of course, the Clarin newspaper says it is "fashionable." That may be. It is very interesting an interview he conducted Fontevecchia Jorge Ricardo Alfonsin for daily profile. Ricky seems to be a thinking guy and very honest, even with respect to the image, inherited from his father. One reads it and feels he is reading someone who, effectively, and as he says, is intellectually honest. Of course, this may be the feature that order. Sometimes it seems that a politician with aspirations for president must be able to give direct speeches, promising things and leave the self-reflective thoughts another time, especially when I leave the presidency. Ricky knows his limits, understand the phenomenon that surrounds it, but unlike the others, he says publicly. And that causes a wobble in its image.

There is a sense that I think that keeps all of this and that is not what I want to: that Kirchner will not win the election. Quite the contrary. I think if present, Kirchner is the most chances of being the next president. May say that their image is corrupt, but when it comes time to move people to the polls he's going to move people with capital letters. Of course, if he manages to keep the floor in support of mayors and governors. And above all, people like Moyano and guilds that easily, they can approach people and Duhalde. Just
Duhalde is the loudest are doing lately. Each day comes with catch-phrases. Are you sure that you will win Kirchner, De Narváez can not be President and, as he said in an interview to Clarin, if K makes Scioli (and if K does is because he knows he will lose) he'll cope well. What they say a man determined, euphoric, afraid not to grind their teeth. That or to test new markets. But no, no. Politics is the mother of addiction for these people.

Macri's out touring the country and Moral and Sanz, radicalism, are as unknown to the people as a week ago. But time is running out and nobody wants to burn in advance. Burning ... by chance we came back to our first issue. In the absence of a metaphorical sense, at least we will serve in an aesthetic sense, to give the sense of circularity, pretty close with a flourish, these letters out of order.