Bibliographic citations
Ríos, M., (2024). La excepción de oscuridad en la forma de proponer la demanda, en los procesos sumarísimos, y la tutela jurisdiccional [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/33671
Ríos, M., La excepción de oscuridad en la forma de proponer la demanda, en los procesos sumarísimos, y la tutela jurisdiccional [Tesis]. PE: Universidad Privada Antenor Orrego; 2024. https://hdl.handle.net/20.500.12759/33671
@misc{renati/378121,
title = "La excepción de oscuridad en la forma de proponer la demanda, en los procesos sumarísimos, y la tutela jurisdiccional",
author = "Ríos Pérez, Miriam Janet",
publisher = "Universidad Privada Antenor Orrego",
year = "2024"
}
The research thesis that is made available to the evaluating jury begins by arguing about a topic that is within the manifestation of the right to defense in civil proceedings. We are referring therefore to procedural exceptions; and, specifically to the exception of obscurity or ambiguity of proposing the claim; this from the constitutional perspective of the right to Effective Jurisdictional Protection. In this sense, our work has been titled “THE EXCEPTION OF DARKNESS IN THE WAY OF PROPOSING THE LAWSUIT, IN SUMMARY PROCESSES AND JURISDICTIONAL PROTECTION”. It should be noted, although it can already be deduced from the title, that the study is limited to the aforementioned exception, but strictly within the summary process, this is because in this way it marks a difference with other studies on the subject that precede us and have been cited as background; and, furthermore, because it has been considered that this procedural route is where the lack of protection for the defendant is most manifested; For this reason, we have asked ourselves the following question: Why does the regulated procedure for the exception of obscurity or ambiguity in the way of proposing the claim, in summary processes, violate Effective Jurisdictional Protection? Finally, and after a delicate and painstaking study of the doctrine and comparative law, it has been concluded that: The regulated procedure for the exception of obscurity or ambiguity in the way of proposing the claim, in summary processes, threatens the Guardianship. Effective Jurisdictional because by not suspending the process when said exception is deduced, it forces the defendant to answer a claim with confusing factual foundations; or, with a claim that could contain contradictory or unintelligible requests. Which generates a direct lack of protection and defenselessness for the defendant, who must repel an attack that he does not understand and a request that he does not know what it is
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