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What is the dispositive principle?

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Principle general right procedural according to which the parties can direct at any time the proceedings, whose beginning, course and end is in his hands, and that in the proceedings labor is more limited than in civil proceedings.
call principle device that by virtue of which the activity of the parties is entrusted with both the stimulation of the judicial function and the input of the materials on which the judge's decision is to be based. validity This principle It manifests itself in the following aspects: initiative, availability of right material,
procedural impulse, delimitation of the thema decidendum, input  of the actsinput of the experiment.

We will refer to each of them below.

A) initiative. The proceedings civil can only be started at instance de part (nemo iudex sine actore; ne proceedat iudex ex craft).

B) availability of the right material

The ability to de provision about him right material

If the derechos and legal interests that can be discussed in the proceedings civil are from domain absolute of individuals, no one can be forced or obliged to request their protection jurisdictional or exercise your defense before the Courts.

As a consequence of the hegemony of the principle device in the proceedings civil, The practice all conflicts governed by the Law School Private They are chaired by the principle of "opportunity" in the exercise of the right de action, which belongs to domain of the individuals.

The ability to de provision on the claim

The parties are not only owners of the exercise of the action and the initiation, therefore, of the proceedings, but they are also of the claim and the proceedings same, being able to dispose of it through a series of acts, which, with the force of the thing judged (raid resigns, transaction), or without it (withdrawal, expiration) they have to produce the abnormal termination of proceedings, prior to the sentences final.

Partnerships of the organ jurisdictional to the claims of the parties

El power device of the parts leads to the legal obligation of the Judge's congruence with respect to the claims of the parties.

In Santo Domingo, Republic Dominican Republic we have the most complete and effective team of lawyers to advise you on issues right civil. To who Carlos Felipe Law Firm SRL. We provide you with an accurate and timely legal advisory session. At Carlos Felipe Law Firm SRL we evaluate your ///, analyzing and establishing the real possibilities of success, as seen here with the Constitution and the laws of the country. We communicate with clear, simple, and timely language, the best actions and strategies to follow to solve the situation or conflict that concerns you.

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We are committed to communicating with you clearly, using simple and timely language, to provide you with the best strategies and actions to follow in order to solve your situation or conflict legal

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