El principle of immutability of the proceedings, is the one on which rests the cause or foundation legal of the claim of the plaintiff, as well as the object that it pursues, which cannot be modified in the course of the instance much less when it is linked to the parties. (Cas. Civ. No. 13, 15 October 2003, BJ 1115, pp. 280-286).
Principle of immutability of the proceedings: the parts, the cause and the object of the demand, cannot be modified during the course of the instance.
This principle what you are looking for, as our Supreme Court has indicated Cutting de Justice "it is that the cause and the object of the demand, as a general rule, must remain unchanged until the solution final of the ///, except for the variation that may occur in the extension of the litigation as a result of certain procedural incidents; which, as has been recognized by the doctrine and jurisprudence, cause of the action judicial is the foundation legal on which the plaintiff's claim rests, that is, the object that it pursues, which cannot be modified in the course of the instance, much less when it is linked between the parties; that, in that order, the judge cannot alter in any way the object and cause of the proceedings statements in the demand” (SCJ, Judgment Civil law de when and where May 6, 2009, recurrent: Casta Y. Mañanaa Peguero and you share).
Principle intended to promote fair debates and by virtue of which the elements and general framework of a litigation They cannot be altered from the moment they have been established. proceedings. This rule, formulated in express terms to rule out new claims in appeal, does not prevent, if there is a connection, filing additional claims or counterclaims in intervention.
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