About Exceptions

The word exception comes from the Latin “exceptio-onis” which means title o legal motivation that the defendant puts forward to make ineffective the plaintiff’s action.

 

CONCEPT

The exception is the subjective right the defendant has to try to neutralize the actions promoted by the plaintiff, in order to paralyze the process or get a total or partial favorable sentence.

Dogmatic classification of the exceptions:

The constituent acts of exception may pursue, delay, enervate or destroy the action.

On this basis, two kinds of exceptions are distinguished: a) peremptory exceptions, and b) dilatory exceptions.

 

Peremptory exceptions, pursue that is declared the extinction of the obligation whose born is not discussed or the inexistence of the alleged right despite its feigned born and by some impeding action. In other words: they tend to destroy the constituted action’s fact.

Peremptory exceptions that come from most of the Civil Proceedings Codes are like:

1) Payment exceptions.

2) Compensatory exceptions

3) Exception by rights confusion,

4) Exception by debts remission

5) Novation exception

6) Exception by negative prescription.

7) Resolving conditions exception

8) Exception by debts assignment.

9) Transaction exception.

 

Dilatory exceptions rule out the claim as currently required, in that process or prevent a fundamental decision. This is: Are those that prevent from momentarily enter to know the matter.

The dilatory exceptions are the following:

1) Judge’s incompetence,

2) Plea of lis pendence.

3) Request for a joinder,

4) The defendant’s lack personality or ability.

5) Un-fulfillment of the term or the condition to which the action is fixed.

6) Partition,

7) Discussion,

8) Inadmissibility of the track.

 

Another exceptions classification:

1. Nominated and unnamed. Refers to the fact that sometimes the prosecutor can mention its own exceptions among other nameless exceptions.

2. Dilatory or Peremptory. The first ones suspend the processing of the legal process in case it transcends, as for the second ones, they handle to destroy the actor’s right.

3. Founded and unfounded. An exception founded is when its existence comes from logic or an express legal norm. An unfounded one is when does not meet these requirements.

 

Derived from the above, it is concluded that the Procedural Exception is the subjective right a defendant natural person or company has in a trial facing the prosecutor and the plaintiff, to oppose to what is established by the plaintiff in the suit, and whose purpose is to stop the process or get a partial or total favorable sentence.