Teoria general del proceso

Tiempo y actividad: preclusión y caducidad. Términos y plazos.

El proceso es un fenómeno dinámico que se desenvuelve en el tiempo. El tiempo que dura el proceso se mide en plazos y términos. El proceso se encuentra dividido en etapas. La primera fase es la de instrucción y luego la de juicio. La instrucción, como también lo precisamos, se divide en tres etapas: postulatoria, probatoria ypreconclusiva.

En la etapa postulatoria, de los 25 días, se podrán considerar 10 días para la contestación de la demanda y 15 para que el tribunal celebrara la audiencia previa y de conciliación y dictase la providencia o acuerdos intermedios necesarios.

En la etapa probatoria, el ofrecimiento podría comprender 30 días y el desahogo podría ser de 20 días. En la etapa preconsultiva tendríamos 10 días,divididos en dos plazos de cinco. En el juicio se darían 30 al juez o tribunal para que dictara la sentencia.

El concepto de preclusión, está íntimamente ligado con los aspectos temporales del proceso. Entendemos por preclusión la pérdida de los derechos procesales por no haberlos ejercido en la oportunidad que la ley da para ellos. La caducidad procesal no es una instrumentación exclusivamenteprocesal, pues encontramos caducidades de tipo sustantivo. La caducidad no produce la pérdida de los derechos de fondo. En el derecho mexicano, la caducidad de la instancia aparece contemplada en la ley de amparo, el C.F.P.C y el C.P.C.D.F.

El término en sentido estricto es el momento preciso señalado para la realización de un acto, está el concepto de días y horas hábiles, reglamentados en loscódigos procesales. Son días todos los del año, menos los domingos y aquellos que la ley declare festivos. Son horas hábiles las comprendidas entre los 8:00 y las 19:00 horas.

Lugar del acto procesal.

Lucus lex regit actum tiene una indudable aplicación en el tema relativo al lugar en el que el acto procesal debe desenvolverse. También se suele usar el término de sede para referirlo al lugar oubicación física de realización del acto procesal.

El hexagonal procesal indica que uno de sus lados señala el problema del dónde o lugar del acto procesal.

Por regla general, el lugar de celebración de los actos procesales en la residencia misma del tribunal. Hay varias excepciones, puesto que hay actos que deben llevarse a cabo fuera de dicha casa o residencia, por la imposibilidad que ofrecenalgunos objetos o personas de ser trasladados al tribunal.

Medios de comunicación procesal. Clasificación.

Todo medio de comunicación es la vía o instrumento que une, relaciona o conecta dos inteligencias. Toda idea o concepto, para transmitirse, requiere ser expresada, y la expresión no es sino la representación material de los conceptos y de las ideas. La expresión significativa puede ser ungesto, un color, un sonido, un signo escrito, una seña o una mueca. Todo esto forma el ingente campo del lenguaje, medio esencial de comunicación entre las inteligencias humanas.

Los medios de comunicación procesal, que participan de la vida del proceso se reducen en sus aspectos formales al lenguaje hablado y el lenguaje escrito para transmitir ideas y nociones de unas inteligencias a otras.

Elmedio de comunicación procesal, es el vinculo, forma o procedimiento por el cual se transmiten ideas y conceptos (peticiones, informaciones, órdenes de acatamiento obligatorio).

Enrique Aguilera de Paz, establece una clasificación tripartita de los medios de comunicación: en primer término, habla de los medios de comunicarse de los jueces y tribunales con los litigantes e interesados; en estegrupo coloca las notificaciones, citaciones, emplazamientos y requerimientos. En el segundo grupo, el de los medios de comunicación de los jueces o tribunales entre si, con poderes o autoridades de otro orden y con autoridades judiciales del extranjero, señala suplicatorios, exhortos, cartas órdenes o despachos, mandamientos, exposiciones, oficios y reales provisiones.

El estudio del primer…

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  4. Teoria general del acto administrativo

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