PROCEDURAL INSTITUTIONS COVERED BY THE PRELIMINARY TITLE OF THE CODE OF CIVIL PROCEDURE
PROCEDURAL INSTITUTIONS COVERED BY THE PRELIMINARY TITLE OF THE CODE OF CIVIL PROCEDURE

Summary/Abstract: The preliminary title of the Code of Civil Procedure in force today allocates space to fundamental institutions, which establishes and supports the entire content of the text. With fidelity to the qualification given by the legislator, they concern the following: Regulatory Scope of the Code of Civil Procedure (Articles 1-4), Fundamental Principles of the Civil Trial (Art. 5-23) and Application of the Civil Procedure Law (Art. 24-28).Apparently, the debut in this systematization manner may seem scholastic, if we consider that the procedural law to be replaced by the new code debuted, almost abruptly, with the institution of jurisdiction of the court. In reality, the text is not intended to be pedant but, even if it may seem too didactical, its practical reason must be fully revealed. And this stems from the fact that all three institutions addressed in the preliminary title form the basis of a normative structure that wishes to be coherent and easy to implement.

• Details
• Contents