Bibliographic citations
Guevara, I., (2023). La determinación de la competencia en el proceso civil y la garantia constitucional de la jurisdicción predeterminada por ley [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/13091
Guevara, I., La determinación de la competencia en el proceso civil y la garantia constitucional de la jurisdicción predeterminada por ley [Tesis]. PE: Universidad Privada Antenor Orrego; 2023. https://hdl.handle.net/20.500.12759/13091
@misc{renati/379830,
title = "La determinación de la competencia en el proceso civil y la garantia constitucional de la jurisdicción predeterminada por ley",
author = "Guevara Silva, Ingrid Danitza",
publisher = "Universidad Privada Antenor Orrego",
year = "2023"
}
The present thesis has originated from the present research problem: How does article 8 of the Civil Procedure Code, in the end that allows that by law the competence can be modified after the process has started; violates the constitutional guarantee of predetermined jurisdiction by law? In these lines, the proposed general objective has been: Demonstrate how the final part of article 8 of the Civil Procedure Code violates the constitutional guarantee of jurisdiction predetermined by law. Now, in order to achieve the general objective, the following have been proposed as specific objectives: 1. Study the principle of the judge predetermined by law and its influence on the current Peruvian civil process; 2 Analyze the principle of Constitutional Supremacy within a Constitutional State of law and its impact on the Peruvian civil process; and, 3. Propose the repeal of the final part of article 8, of the Current Civil Procedure Code. Finally, and after having executed our thesis, the following main conclusion has been obtained: The final part of article 8 of the Civil Procedure Code violates the guarantee of jurisdiction predetermined by law, because to begin with, this is a guarantee expressly indicated in the current Constitution, which implies that an open violation of Constitutional Supremacy, which is typical of every Constitutional State of Law, in the same way, a rule such as the one contained in article 8 could generate legal instability within the civil process; and, in addition, this rule breaks the principle of ultraactivity of the civil procedural law contemplated in the second final provision of our Civil Procedural Code; because it would be allowing a modification of the competition rules, even if this has already been established.
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