La Demanda en Derecho Procesal Civil

A. GENERALIDADES

• The dispositive technical rule applies in our procedural system for initiating processes.
• Except for specific cases, a formal application must be submitted in the form of a complaint.
• The act of presenting the complaint allows the exercise of the right to action, which must clearly state the claims the person wants resolved.

B. IMPORTANCE OF THE COMPLAINT

• Initiates judicial action and mobilizes state jurisdiction.
• Its notification interrupts the prescription and determines the validity of caducity from the date of presentation.
• Directly conditions the sentence; a complaint is a request for a sentence, ensuring congruence in the General Process Code.
• Identifies the complainant and defendant, though later integrations (litis consortium) can occur.
• Establishes jurisdictional competence based on the claims made in the complaint.
• In contentious proceedings, acts as a judicial requirement to put the debtor in default when required by law.

C. CONCEPT OF COMPLAINT

• Etymologically understood as a "súplica, petición, solicitud" (plea, petition).
• The complaint serves as an instrument for exercising the right to action and expresses personal claims to the state for resolution, typically via an issued judgment.

D. CONTENT OF THE COMPLAINT

• Must meet formal requirements as specified in Articles 82 and 83 of the General Process Code (GPC). If it lacks any required content, it can be rejected or deemed inadmissible.
• Must include:

1. Identification of the judge to whom it is directed (based on jurisdiction rules).
2. Names and addresses of the parties involved (must be accurate).
3. The claims expressed clearly and precisely.
4. The facts that serve as the basis for the claims, clearly classified and numbered.
5. The petition of evidence to be evaluated, including documents in the possession of the defendant.
6. If necessary, an estimatory oath regarding damages claimed.
7. Legal foundations and articles of law invoked to support the complaint.
8. Estimation of the case value if required to determine jurisdiction or process.
9. Contact information for notifications (physical and email).

E. SPECIFIC REQUIREMENTS FOR CERTAIN COMPLAINTS

• Certain additional requirements apply, particularly for cases involving immovable properties or specific processes defined by law.
• For immovable property complaints: location, boundaries, and identification of such properties must be provided.

F. ANNEXES OF THE COMPLAINT

• Must include essential documents like a power of attorney for representation, legal representation documentation, and evidence in the claimant's possession.

G. ADMISSION, INADMISSION, AND REJECTION OF THE COMPLAINT

• Judges have the discretion to accept, reject, or dismiss based on the complaint's compliance with legal requisites.
• Inadmission allows for correction while rejection implies that the case will not proceed.

H. DEFENSES OF THE DEFENDANT - EXCEPTIONS

• The defendant can contest through exceptions aimed at addressing the plaintiff's claims, focusing on the validity or timing of the claims.
• 1. Types of Exceptions:
  • Peremptory (to deny claims)
  • Based on the merits
  • Procedural voids: Must be raised in separate submissions (not in the initial response).

I. RESPONSE TO THE COMPLAINT

• Required to specify acknowledgment or denial of claims and related facts, along with proposed evidence and any applicable exceptions.

J. COUNTERDEMANDS

• Allow defendants with their own claims against plaintiffs to raise them in the same process, facilitating judicial efficiency.

K. ALLANAMIENTO (ADMISSION TO COMPLAINT)

• The defendant must expressly agree to the claims made in the complaint for the admission to be valid; it is a unilateral and unconditional act.

L. MODIFICATION OF THE COMPLAINT

• Allows plaintiffs to make changes before the initial hearing.
• A judge will assess compliance and can reject if substantial changes occur; minor corrections are typically permitted without re-filing.

M. COMPLETION OF THE PROCESS

• All procedures must advance judicial efficiency; failure to respond appropriately can lead to penalties or defaults in claims.