Curso "Postulación del proceso": 12. "Presupuestos procesales" y "condiciones de la acción"

Summary

In this video, Professor Cavani explores key topics in procedural law, specifically focusing on 'presupuestos procesales' (procedural requirements) and 'condiciones de la acción' (conditions of action). He provides an in-depth analysis of these concepts, tracing their historical roots, particularly in German and Roman law traditions, and discusses their application in jurisdictions like Peru, Italy, and Brazil. The professor also addresses the complex interplay between these elements, emphasizing their significance in the early stages of legal proceedings, and highlights the role of the judge in evaluating them before reaching a final resolution. This lecture is crucial for understanding the foundations of procedural law.

Takeaways

• 😀 The video discusses procedural law, specifically focusing on procedural budgets and conditions for action, key topics in process law.
• 😀 These topics are widely discussed in procedural law doctrine and are crucial for understanding how legal actions proceed in various countries, including Peru, Germany, Italy, and Brazil.
• 😀 Procedural budgets refer to requirements that must be analyzed before addressing the merits of a case, helping ensure that the legal process is valid and properly structured.
• 😀 The concept of 'conditions of action' involves elements required for a valid decision regarding the merits of a case, which might be confused with procedural budgets.
• 😀 The distinction between procedural budgets and conditions for action is not always clear, especially regarding their theoretical foundations and their application in practice.
• 😀 The video explains how these concepts were explored historically, including by authors such as Oscar Bonfiglio, who contributed to the development of procedural theory.
• 😀 In some legal traditions, like those in Peru, the terms 'procedural budgets' and 'conditions of action' are seen as essential elements for reaching a valid judgment, though the definitions can vary.
• 😀 The right to action in procedural law is often viewed differently depending on jurisdiction. For example, in the theory of Lisman, the right to action is understood as the right to a decision on the merits of a case, rather than a fundamental right.
• 😀 The video also touches on the constitutional framework in Peru, highlighting that the term 'right to action' does not appear in the Constitution, which instead speaks of due process and jurisdictional protection.
• 😀 Finally, the video delves into complex aspects of procedural theory, such as the relationship between procedural budgets and the validity of the judicial process, emphasizing the need for clear conceptual distinctions in understanding procedural law.

Q & A

What are 'presupuestos procesales' and 'condiciones de la acción' in procedural law?

'Presupuestos procesales' (procedural prerequisites) and 'condiciones de la acción' (conditions of the action) are classic concepts in procedural law. They refer to the essential elements that must be established before proceeding to a substantive resolution in a case. These elements must be properly configured for a judge to make a valid decision on the merits of the case.

What historical context do the terms 'presupuestos procesales' and 'condiciones de la acción' come from?

The term 'presupuestos procesales' originates from a work published in 1868 by Oscar Bonfiglio. This work focused on the autonomy of procedural legal relations, which differed from substantive legal relations. Over time, various legal scholars in Germany, Italy, and Brazil expanded on these concepts in their legal theories.

What is the connection between 'presupuestos procesales' and procedural validity?

'Presupuestos procesales' are elements that must be adequately configured for the validity of a legal relationship in the process. If these prerequisites are not met, the case may face procedural issues that affect the ability to resolve the substantive issues of the case.

How do 'presupuestos procesales' relate to the phases of a legal process?

The discussion of 'presupuestos procesales' mainly occurs in the initial phase of the process, called the postulatory phase. This phase focuses on ensuring that all necessary prerequisites are met before moving to the instructional and decisional phase, where substantive issues are addressed.

What is the difference between 'presupuestos procesales' and 'condiciones de la acción'?

The distinction between 'presupuestos procesales' and 'condiciones de la acción' is subtle and can be confusing. Both terms refer to prerequisites for legal action, but 'presupuestos procesales' are generally seen as prerequisites for the validity of a procedural relationship, while 'condiciones de la acción' are typically related to the ability to bring the case to court in the first place. Some theorists argue that the difference is minimal or non-existent.

What role does the concept of 'legitimación' (legitimacy) play in 'condiciones de la acción'?

'Legitimación' refers to the legal standing of a party to bring a case to court. In the context of 'condiciones de la acción', it means that a party must have the right to initiate the case based on their connection to the matter at hand, such as being the affected party or having a legal interest in the outcome.

Why is the term 'condiciones de la acción' problematic in modern procedural law?

The term 'condiciones de la acción' is problematic because it traditionally referred to the legal right to pursue a case, which some legal scholars argue conflicts with modern views of action as a fundamental right to access justice. This creates confusion, especially when trying to apply the concept in different legal contexts.

How does the distinction between procedural prerequisites and conditions of action relate to the concept of 'acción' (action)?

The term 'acción' historically referred to a right to a final judgment, as seen in the theory of Lipmann, which distinguished between the 'right of action' (to a judgment) and 'right to petition' (a fundamental constitutional right). This distinction plays a role in understanding the different requirements needed to initiate a case and those necessary for the resolution of the substantive issues in a case.

What impact does the legal framework of 'acción' have on procedural practices in Peru?

In Peru, the legal framework does not specifically refer to 'right of action' but rather to 'due process' and 'jurisdictional protection.' This approach has led to debates about the use of 'condiciones de la acción' in the context of procedural law, with some theorists proposing a shift toward focusing on 'jurisdictional protection' instead of traditional concepts of action.

How do 'presupuestos procesales' and 'condiciones de la acción' influence the practical resolution of cases in Peru?

In practice, 'presupuestos procesales' often refer to the basic requirements for the court to have jurisdiction, such as procedural capacity and the necessary legal elements in the demand. Meanwhile, 'condiciones de la acción' are more focused on the party's right to initiate the case, such as having legal standing and a legitimate interest in the matter. Both concepts are critical in determining whether a case can proceed to the merits.