Bibliographic citations
Córdova, L., (2022). La implementación de la oralidad en el proceso civil peruano y la garantía del proceso pre determinado por Ley [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/8808
Córdova, L., La implementación de la oralidad en el proceso civil peruano y la garantía del proceso pre determinado por Ley [Tesis]. PE: Universidad Privada Antenor Orrego; 2022. https://hdl.handle.net/20.500.12759/8808
@misc{renati/371913,
title = "La implementación de la oralidad en el proceso civil peruano y la garantía del proceso pre determinado por Ley",
author = "Córdova Lastarria, Luis Alberto",
publisher = "Universidad Privada Antenor Orrego",
year = "2022"
}
Our study entitled: ““THE IMPLEMENTATION OF ORALITY IN THE PERUVIAN CIVIL PROCESS AND THE GUARANTEE OF THE PRE-DETERMINED PROCESS BY LAW““, seeks to demonstrate that implementing orality in civil processes in our country has not been given hand in hand with the Political Constitution current. For this reason, in this thesis we have asked ourselves the following question: ““How does the implementation of orality in the Peruvian civil process violate the guarantee of the pre-determined process by law, prescribed in article 139, subsection 3, paragraph 2 of the Political Constitution?”, against which we have formulated the following hypothesis: “The implementation of orality in the Peruvian civil process violates the guarantee of the pre-determined process by law, prescribed in article 139, subsection 3, paragraph 2 of the Political Constitution, since the Administrative Resolutions that have served as a vehicle for such implementation, in addition to having a hierarchically lower rank than a law, design a procedural procedure that is absolutely different from the one previously established by the Civil Procedure Code (the law) ““ . Likewise, we have formulated the following general objective: ““Demonstrate the way in which the implementation of orality in the Peruvian civil process violates the Constitutional guarantee of the process pre-determined by law.““ The same that through logical methods, as well as with the help of dogmatic, hermeneutical legal methods have allowed us to conclude, among other things, that the implantation of orality in Peruvian civil processes has not respected the constitutional guarantee of the preliminary procedure. determined by law. In this sense, although orality has acquired some benefits to the overloaded daily jurisdictional agenda, the truth is that through the implementation of this orality, the Civil Procedure Code (norm with the rank of law) has been disrupted, since the procedure has been altered. or procedure that this legal body to resolve conflicts of interest, leading to the violation of procedural guarantees, such as the procedure pre-established by law, prescribed in article 139.3 of the Peruvian constitution.
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