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vol.15 issue2THE TRANSPARENCY OF DEBTORS' ASSETS AS A FUNCTIONAL REQUIREMENT FOR AN EFFICIENT CIVIL ENFORCEMENTRESTORATIVE JUSTICE AND CRIMINAL JUSTICE PROCEDURAL SAFEGUARDS: LIMITS AND POSSIBILITIES author indexsubject indexarticles search
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Ius et Praxis

On-line version ISSN 0718-0012

Abstract

HUNTER AMPUERO, Iván. THE POWERS OF THE JUDGES MAY REFUSE A COMPLAINT IN LIME WHEN IT IS UNFOUNDED. Ius et Praxis [online]. 2009, vol.15, n.2, pp.117-163. ISSN 0718-0012.  http://dx.doi.org/10.4067/S0718-00122009000200005.

This paper aims to investigate the content and scope of the legal authority contained in Article 18 Number 1 of the Civil Procedural Code project. This paper deals with the possibility that judges may refuse a complaint in limine when it is unfounded. The author addresses two issues: on the one hand, it defines the necessary elements that allow the use or invocation of this power, that is, to define what is necessary for a complaint to be considered unfounded; on the other hand, it addresses questions pertaining to the constitutional legitimacy of the power, specifically, its compatibility (or lack of) with respect to the effective protection of the law and due process.

Keywords : refuse in limine; powers of the civil judge; complaint unfounded.

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