Preliminary Hearing of the New Civil Code of Procedure

Abstract

One of the many advantages of the new Civil Code of Procedure that came into force recently, is that the contending parties obtain a speedy justice, cheap, fast, close and effective, with an immediacy and increased activity of the judge in direct contact with them.

In that sense, the preliminary hearing is of extremely important significance because it regulates the conduct of proceedings, the judge has an active role with exceptional powers to direct the process, and starts after he has made a thorough study prior demand and response, calling on the parties to a preliminary hearing while celebrating it, this will comply with the principles of immediacy and orality, contradiction, equality, procedural and legal forms, judicial economy, opportunity, equipment, provision of hand procedural rights, assessment test, elasticity and advertising and relief.

In this paper we do an analysis of the various incidents or own strata of the Preliminary Hearing in order to orient quickly to any scholar of the Civil Code of Procedure for better understanding.

DOI: http://dx.doi.org/10.5377/lrd.v31i0.1241

Revista de Derecho, Vol. 31, No. 1, año 2010; 27-37