Declaration Legal

This preliminary distinction is key to understand the differences between claim substantial and procedural claim which has been developing the modern doctrine then. Thus Juan Monroy Galvez has defined to claim substantial or material as the Act require something to another before the start of a process, when this case has the quality of justiciable or magazine legal relevance. Instead the procedural claim consists in the manifestation of will by which a subject of rights requires something to another across the State via the jurisdictional bodies. This transformation of the material claim in litigation claim occurs when the material claim is not satisfied and the holder using the right of action becomes procedural claim. This difference marked by the right of action has full correspondence with the schema of the substantial legal relationship drawn between the parties substantial and procedural legal relationship drawn between procedural parts; being the first gives origin to the material claim and the second procedural claim. The procedural claim has been conceptualized by Adolfo Velloso Alvarado as the Declaration of intent made on demand (legally) whereby the actor (pretender) aspires to the Court after a process a statement that effective and favorably resolved litigation that introduces you to your knowledge. The internal structure of the claim to material, given that it is a manifestation of will by which demands something of another, also will point out briefly the procedural claim must have legal basis, i.e. behind the requirement of the pretensor, a subjective right that sustains the claim must be invoked. If we take as an example a contract of lease whose term has expired, on where the lessee has not returned the possession, the owner must be lodged a demand for eviction by contract expiration to achieve his recovery. In this demand substantive law rules that regulate the fulfillment of contracts, deadlines agreed therein, as well as the right of possession, will be the legal foundation of the litigation claim.