On brief scope of Article VII of the Civil Code and the actions of judges
DOI:
https://doi.org/10.5281/zenodo.12734251Keywords:
Preliminary title, Iura Novit Curia, Civil Law, Civil Procedural LawAbstract
In the Preliminary Title of the Civil Code of 1984, specifically, Article VII guides the interpretation and application of the iura novit curia principle, a procedural principle that is embedded in the substantial regulations. In that sense, this work will try to reveal, briefly, that said article, although being in the civil norm, directs the way in which the judge applies and corrects legal errors that may occur in the process. Likewise, the contrast that the aforementioned has with the dispositive principle will be seen. Finally, it will be written about the duties of the judge within the process regarding the aforementioned principle.
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