Journal IUS Doctrina

THE EXCESSIVE FORMALISM OF THE PERUVIAN CIVIL PROCESS AS AN AFFECTATION OF FUNDAMENTAL RIGHTS AND ITS RELATION TO A FAIR PROCESS

Christian B Pareja Mujica — 2025-01-29

What characterizes a legal system that enjoys a fair trial is the unrestricted respect for fundamental rights and, thus, the protection of the minimum guarantees present throughout its development. However, when this aspiration is sacrificed by excessive and unjustified procedural formality, it becomes a potential tool of disaffection to the justiciable, who resort to the process in search of a protection of rights. During these years, reflections on the importance of ensuring a fair trial and adequate, effective judicial protection have been challenged by the work of judges who improperly privilege procedural formality rather than a prompt and effective judicial decision as the core budget for the administration of justice. This article seeks to demonstrate that the criterion of the prevalence of excessive procedural ritualism has a direct effect on the conduct of a fair trial, affecting the right to defense, the right to evidence, and the right to a prompt and diligently reasoned decision. Therefore, we intend to analyze the concepts of procedural formality, fair process and effective jurisdictional protection, then observe two jurisprudential criteria that will lead us to conclude that there is a discrepancy on the part of judges when deciding on cases, which would produce a serious direct impact on the rights and guarantees inherent in the persons subject to proceedings.

THE IMPOSSIBILITY OF PRESCRIBING THE TRANSFER OF TITLE IN ACQUISITIVE PRESCRIPTION

Francisco Bravo Chacón — 2025-01-29

This document aims to carry out a study on the two denominations of the Costa Rican civil code, the transferable title and just title. This in order to determine if they are synonymous or if there is a difference between both terms worthy of recognition and that can cause the disuse of the figure of the transferable title. From this, we will seek to prove its importance and the reason why this figure cannot be dispensed with in practice at the time of acquiring a property.

THE DUAL TITLE ACTION IN COSTA RICA: A PARADOXICAL SITUATION WITHIN REAL RIGHTS

Mariano Arguello Rojas — 2025-01-29

This investigation lays the legal foundations to delimit the operational field of the so-called “double title action.” Such action has its place in court when two or more persons, whether natural or legal, have perfectly registered their private property title in the National Registry, however, the respective real right that derives from that registration covers two or more areas of total land or partially coincident in materiality. The analysis carried out allows us to critically visualize the prevailing jurisprudential trend, establishing some connections with other substantive and procedural institutes. Finally, some possible solutions are presented in those cases in which the double title action route it’s not completely satisfactory.

ITERATIVE ACTION IN CRIMINAL LAW

Ricardo Salas Porras — 2025-01-29

In the following pages the topic of the iterative action, the natural unity of action, the legal unity, the single infringement and the plurality of infringements will be addressed. The iterative action, which is the one carried out through homogeneous, successive and equivalent acts, each of which fills the criminal category, constitutes a single action and, unless there is a plurality of victims in highly personal interests, a single infraction.

GENERAL. PRINCIPLES OF PRIVATE LAW and OF THE REAL RIGHT IN GENERAL.

Óscar Miguel Rojas Herrera — 2025-01-29

The following investigation carries out an analysis of the most relevant elements and components of Real Rights. This in order to make a compilation of concepts, characteristics, theories, theses among other aspects of the Real Rights I and Real Rights II courses, with the aim of facilitating the study of people interested in the subject. In addition, the following booklet carries out an analysis of Comparative Law with the countries of Argentina and Spain, to provide a broader vision of some issues with national legislation.