Alcance y diferencias de las excepciones previas: incapacidad y falta de legitimación en la causa de la parte actora o la parte demandada previstas en el código orgánico general de procesos

Abstract

The objective of this paper is to analyze the Scope and differences of the previous exceptions: incapacity and lack of legitimacy in the cause of the plaintiff or the defendant provided for in the General Organic Code of Processes, for which three chapters are addressed; The first includes the right to defense in civil proceedings, detailing: the guarantees of the right to defense, definition of the terms "action and exception", the exception and civil process, procedural exceptions, definition of exception previous. In the second chapter, it is established: the capacity of the plaintiff or its representative, where it includes topics such as: lack of capacity, scope of the previous exception: the incapacity of the plaintiff or its representative, its importance. Finally, chapter 3 called lack of legitimacy in the cause of the plaintiff or the defendant part interferes; for this, the following terms are broken down: legitimacy in the case, regulation of the Code of Civil Procedure from its inception, scope of the prior exception: lack of legitimacy in the cause of the plaintiff or defendant, problems that arise in practice on this exception, ways to be resolved this exception. Within this framework, the General Organic Code of Processes is emphasized, which determines that the prior exceptions are a strictly legal argument, so much so that Article 153 of the General Organic Code of Processes determines what these prior exceptions are. The exception has its importance in the Procedural Law, since the defendant, passive subject of the legal relationship, is responsible for facing the claim of the actor, who is firm in his claims and the defendant assumes an attitude of defense, exception, for those exceptions are called defenses.