COOPERATIVE BEHAVIOR OF PLAINTIFF AND DEFENDANT IN CIVIL PROCEDURE AND REBELLION: TOWARDS AN APPROPRIATE REGULATION IN THE NEW CHILEAN JUSTICE

Authors

  • Fernando Orellana Torres
  • Álvaro Pérez Ragone

DOI:

https://doi.org/10.5380/rfdufpr.v48i0.15745

Keywords:

cooperación, rebeldía, proceso civil, Derecho procesal civil comparado, procedural cooperation, default judgments, civil procedure, comparative civil procedure

Abstract

Default judgments are judgmentsbinding judgments in favor of the plaintiff whenthe defendant has not responded to a summons orhas failed to appear before a court. Their regulationis an important tool of accelerating the legalprocess and is able to open the enforcing procedure,issued by the civil court or its chancery whencertain conditions are met. Primarily it allows forrecourse to the court’s execution process; it alsois final, like all judgments, and it leads to estoppelby res judicata. The default explains main pointsbetween participation and authority and theirinteraction. The foundations of the constitutionaltheory of judicial power and the adjudicationsupported on a real discussion in a legal processshould answer the default of cooperation too, inorder to the prosecution and conclusion anyprocedure. Many elements collaborate holistic inthe creation of modern and effective civilprocedural. Artículo publicado en la Revista deDerecho Ius et Praxis 2008, II.

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How to Cite

Torres, F. O., & Ragone, Álvaro P. (2008). COOPERATIVE BEHAVIOR OF PLAINTIFF AND DEFENDANT IN CIVIL PROCEDURE AND REBELLION: TOWARDS AN APPROPRIATE REGULATION IN THE NEW CHILEAN JUSTICE. Revista Da Faculdade De Direito UFPR, 48. https://doi.org/10.5380/rfdufpr.v48i0.15745

Issue

Vol. 48 No. 0 (2008)

Section

Artigos

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