Understanding Procedural and Civil Nullities in Paraguayan Law

The focus of the virtual class is on distinguishing between procedural nullities within court processes and civil nullities outside court proceedings.

### Procedural and Civil Nullities in Paraguayan Law
* 🏛 Procedural nullities occur within a judicial process before a judge, while **civil nullities arise from legal acts outside the courts**.
* 📜 Both procedural and civil nullities stem from the violation of rules, with "**regular**" in Latin meaning rules.
* 🔍 Procedural nullities can be found throughout the Paraguayan Civil Procedure Code, with the special chapter on nullity starting from **Article 111**.
* 🛠 The means to challenge nullities in a lawsuit include **incidents, appeals, exceptions, autonomous actions of nullity, and denunciations of nullity**.
* 🕰 Incidents and appeals are the two primary ways to request the nullity of procedural acts, with incidents used for **defects in the proceedings** and appeals for **defects in the resolutions**.
* 📚 The denunciation of nullity is a powerful tool as it is not subject to deadlines and allows lawyers to report **nullity defects** that the judge must address **ex officio**.
* 🏷 The abusive exercise of a right, such as formulating baseless claims and defenses (chicanas), can lead to **sanctions under the duty of the parties to act in good faith**.
* 📈 Due to the high volume of cases in the Paraguayan judicial system, procedural nullities are more commonly discussed than **civil nullities**.
* ⚖ The ultimate goal of nullity rules is to ensure **fair and equal civil discussions** within the legal system.

### Procedural Nullities: Causes, Effects, and Resolution
* 📜 Procedural nullities can be cured when the act **fulfills its purpose**, when there is an **express or implied confirmation by the litigant**, or due to **res judicata**.
* 🏛 ️ Nullities extend to the future from the moment the act is defective until the **initiation of the resolution**.
* 🕰 Nullity implies pointing out the act, establishing the defect in the law, and **indicating to the judge where it aggrieves**.
* 🇵🇾 In Paraguay, nullities are based on the French continental European principle of **extreme positivism**, requiring **non-compliance with the code** to be shown.
* 📚 Legal sources such as the Paraguayan Civil Code, doctrinal works like "**Legal Fact and Legal Act**" by Moreno Ruffinelli, and drafts like the **Gasperi project** can be used to study **nullities**.
* ⚖ Nullities must be challenged within the respective deadlines and with the appropriate means, and it is essential to **explain how one would have defended themselves if the act had been carried out properly**.
* 📃 In practice, nullities can arise from the violation of rules or norms, and it is crucial to consider the **practical implications and solutions** when challenging null acts.

Nulidades procesales. Clase virtual 0004

Abogado y docente. Ejerzo la profesión en el área civil y comercial, con énfasis en lo procesal. En este canal me dedico a compartir todo lo que aprendí y me equivoqué en el ejercicio de la profesión, tratando de devolver lo que he recibido en mi formación. Dirijo un espacio de formación académica alternativa: ENDOXA https://www.endoxa.com.py/

Manuel Riera Domínguez

Starting a New Virtual Class on Procedural Nullities

The virtual class on procedural nullities is now starting at seven o'clock on Thursdays, due to scheduling conflicts.

The topic of nullities in civil law and Paraguayan civil procedural law, and its origins in Roman times, is being discussed, emphasizing the difference between procedural nullity and civil nullity.

The relativity of procedural nullities in contrast to the absolute nature of civil nullities is being highlighted, especially in the context of public acts and instruments.

The Importance of Nullity in Civil Legal Processes

Mistakes in legal processes and judgments can lead to complete nullification of resolutions.

All participants in a legal process are subject to nullity if they violate procedural rules.

The Civil Procedure Code provides specific means for challenging nullities, including incidents and appeals, but these are often underutilized by lawyers.

The Role of Telechea in Nullity Actions in Paraguay

Miller, a judicial secretary, compiled and updated legislation related to autonomous nullity actions.

Telechea's teachings are crucial in understanding nullity complaints, with Paraguayan legal libraries holding his work.

Nullity complaints play a significant role in remedying procedural form non-compliance, with the judge being obligated to declare nullity ex officio.

The Difference Between Procedural and Substantive Civil Nullity

The discussion focuses on the distinction between procedural and substantive civil nullity in the civil code, with a greater emphasis on procedural matters in current judicial proceedings.

There is a significant prevalence of procedural nullities, especially in the context of executive trials and civil lawsuits, driven by commercial issues within the Paraguayan judicial system.

The declaration of nullity in procedural matters is based on specific violations of procedural acts and judicial resolutions, with a key emphasis on the need for reporting and addressing irregularities to ensure the issuance of valid judgments and uphold justice.

The Principles of Procedural Nullity in Legal Proceedings

Procedural nullity can be cured if the act fulfilled its purpose, was confirmed by the litigant, or is a case of res judicata.

The nullity only applies to the future from the defective act onwards, and it is relative to the part of the process affected.

In legal proceedings, it is crucial to explain how the defense would have been conducted if the act had been carried out properly, and nullity primarily affects the particular procedural act being denounced.

Challenging Procedural Nullities: A Legal Perspective

The time frame for challenging nullities depends on the specific procedural act or remedy involved, ranging from three days to twenty days.

It is possible to challenge nullities even if they were not originally raised, but the deadline for doing so is crucial.

The Paraguayan approach to denouncing nullities involves extensive discussion and potential rectification to save time.

Legal Issues in Property Reclamation and Civil Proceedings

The discussion involves a property reclamation action and the challenge of ownership, particularly in the case of renting without deeds.

The principle of defense is emphasized, highlighting the potential for nullity in the legal process.

Violation of rules and norms in the judicial system is addressed, with a focus on the practical solution for the issues raised.

Proposed Changes to the Civil Procedural Code

The complexity of traffic, distances, and commercial issues has outgrown the current Civil Procedural Code, leading to a proposed modification of the code.

Filing a lawsuit for unconstitutionality against a judge's sentence is suggested to suspend its effects, preventing execution.

The clarification of a ruling is emphasized to suspend the filing and deadline for other appeals, ultimately preventing the generation of new appeals.