The right of action It is the legal power granted to every citizen to access the civil courts, originating the opening of any of the multiple civil actions registered by the commercial or civil order, through the action of the claim that the plaintiff makes against the defendant.
Therefore, it consists of the power of an individual to attend before the jurisdictional bodies to present their petitions and present the claim that they endorse as appropriate to their violated right.
The action has its support in the power to claim, which has an abstract character, and in the initiative, which has a personal character. Therefore, it is said that the procedural action becomes an abstract power that results in a whole right to claim before a court.
The right of action represents one of the essential foundations of effective judicial protection. However, in legal practice it can be confused with other entities such as the claim and the claim, which although they are closely related, their functions are different within the law..
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The action is the power to promote a jurisdictional activity. When it is exercised, the judge must solve the claim that makes up the legal claim that is presented.
Although the action defends private interests, it is a right of public nature, because when a judge intervenes to resolve the conflict, as representative of the national power, it constitutes procedural law, which in turn integrates public law..
To face the action of the plaintiff who, when filing a claim, opens the process, the defendant to defend himself has the right to oppose it, invoking exceptions or denying the facts.
This right is something that you either have or you don't have. On the other hand, the claim is something that is done or not done, which means that the claim is activity.
The existence of a subjective right may result in a claim. On the other hand, the presence of the claim can lead to action as one of the ways for the claim to be enforced.
Conceptually, the claim is the determination of a subject to claim or demand against another, who must develop a management to compensate such demand.
Therefore, in order for an action to be executed, a subjective right in favor must exist in principle. After this, that it is intended to exercise by means of an action.
There are several divisions of the action items. However, it is thought that the best classification of these elements is the one that indicates that the elements of the action are the subjects, the object and the cause of the action..
It is the one that promotes the action, the one that assists a state, jurisdictional or arbitration body to request assistance, with the intention of achieving a certain imposed conduct on the defendant. He may also be mentioned as a plaintiff or actor.
It corresponds to the subject who is conferred the powers to make a decision on the subjective right of the plaintiff.
This subject is the one who is required to fulfill a duty to give, do or not do in direct correspondence with the subjective right of the plaintiff..
It is the conduct or performance that is required and that compliance is claimed from the defendant or taxpayer.
It is the assumption of the violation of a subjective right in favor of the plaintiff or owner of the action, by the defendant or taxpayer. Therefore, the legal act or fact that produces an action becomes the cause of the action..
The cause of the action is the patrimonial or economic element of the action, although this interest can also be of a moral nature.
The plaintiff demands a specified benefit that the defendant owes. This could be to deliver something or comply with a certain tax.
The plaintiff is not satisfied with declaring the relationship from which his right derives, but requires a firm execution. In addition to containing the declaration of a right, it claims a conviction for the defendant.
The plaintiff in the lawsuit seeks only a statement about a legal situation, usually to try to give legal certainty to said situation, thus asking that it be recognized in his favor..
It does not claim any benefit, although it assumes that the declaration made must be respected by others. Claimant must establish genuine interest in making this statement.
It seeks to exercise a right of the plaintiff for the constitution, modification or termination of a legal relationship.
Its exercise is necessary because the legal consequences that are intended cannot be obtained by agreement of the interested parties, requiring the opinion of a judicial resolution as a condition required by the legal order for the realization of the effects.
It refers to the request for precautionary measures, even before the claim is filed, in order to guarantee the result of the process, so as not to make the sentence that may be passed illusory or unenforceable..
For example, a legal article, such as: “Whoever does not have possession of the thing he owns must be vindicated. The result will be to express that the plaintiff has control over it and that the defendant must deliver it to him in the ordered terms ".
In April 1995, José Pérez bought a house. The seller was Alberto Suárez, signing the sale contract before the notary.
Later, in March 2000, Pérez left his home under the care of a cousin, who later left the house because he was not comfortable.
When Pérez walked around in 2004, he realized that his house was being occupied by two people, Toño and Pepe, who said that the cousin verbally sold the property to them, although they have not paid yet..
Pérez has the power to act appropriately in order to satisfy his need, which is to recover his home. The law grants you the right of action to ratify the subjective right that it intends to point out: You own a property and do not have possession of it..
To prove it, he must present the claim against Toño and Pepe before a competent judge, certifying his action. Pérez files the lawsuit before the competent judge, seeking to regain possession of his house, by proving that he is the owner and that he also does not have the possession.
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