(Law. rules of competition: competition of attribution: nature of litigation, object of the litigation, the urgency of certain matters, derechos in question, the quality of the parties, the value of the litigation - competition territorial: principle of the competition of the jurisdiction from the place where he lives debtor, rule: “actor sequitur Forum king”, (Act 50-00).
La Exception de Incompetence It is the means of reply of the competition; is a exception de proceedings that obeys strict conditions of receivability established in articles 3 and following of the Act 834 of July 15, 1978. To prevent exceptions from serving to delay the processes, strict conditions have been established for their reception; that is why the reply of the competition must be object from a previous debate, before addressing the fondo and other possible causes of irregularity or unreceivability.
Conditions of Receipt of the Exception De Incompetence.
La exception de incompetence, like any other exception, must of comply with two conditions which are:
1- It must be submitted before all defense al fondo or end of not to receive, and
2- Simultaneously with the other exceptions.
Besides, the part which aims for the jurisdiction es lack of jurisdiction must motivate its claim and indicate the jurisdiction that will be competent, this is a condition de crafts (Articles 2 and 3 of the Act 834 of 1978).
La exception de incompetence can occur both in First instance as in degree of appeal, even though it has been concluded at fondo en First instance. Well, no rule prohibits it, as long as in appeal has been raised before any defense al fondo or end of not to receive. It is not even necessary to raise it in the act of the resource, may be in later conclusions. It is also admitted in the /// a resource de oppositionsystem. (Civil law. 14-12-1979)
The opposite happens when the matter is in cassation, Since the jurisprudence is consistent in stating that one cannot raise the incompetence for the first time before the Cutting de Cassation, even if it is from order public.
Here we have then that, apart from the legal obligation of the judges to analyze their own competition, the parties have the faculty y right to analyze the competition and submit the exception complying with the formalities already mentioned.
Points to discuss:
La exception de incompetence will be discussed on three points:
1. The regularity of the exception de incompetence;
2. The examination of the rule of competition, and
3. The designation of the jurisdiction competent.
La Incompetence Promoted Ex officio.
We have already saying that part of the faculty and the right to analyze the competition that the parties have in the proceedingsit's must of every judge to verify his own competition, although due to the character of the proceedings civil of being, in principle de interest private, the high-performance law limits the cases in which the judge can invoke ex officio la incompetence.
so that the incompetence can be pronounced ex officio There must be a violation of a rule of competition of attribution, when this rule is of order public or when the defendant does not appear.?
When to a Tribunal he was asked a question exception de incompetence, The judge or Tribunal attorney, either at the request of part o ex officio must rule on the competition by a sentences (or one ordinance in some cases).
When the judge declares himself competent, he must only rule on 1.- The examination of the rule of competition and, 2.- About the Tribunal competent.
In any /// el effect of the decision of incompetence It is the disempowerment of the jurisdiction, which has not established the fondo, unless the incompetence, is only partial, in this ///, the judge is attorney of a part of the litigation. The decision on the incompetence is authority of the thing judged, since it was issued, on the question of the competition and eventually, on the question de fondo on which depends the competition.
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