THE EXCEPTIONS IN THE BOLIVIAN CIVIL PROCESS 1. BACKGROUND 2. DEFINITION 3. CONCEPT 4. 5 EXCEPTION CLASSES.
PREVIOUS EXCEPTIONS 6. PEREMPTORY EXCEPTIONS 7. EXCEPTIONS IN EXECUTION OF JUDGMENT 8. JURISPRUDENCE 9. BIBLIOGRAPHY 1. Casework this procedural instrument for the defence of the respondent was used because from the Justinian Institutas in his book IV, chapter XIII of exceptionibus (of the exceptions), which in 11 points poses different cases for your applications, as well as some concepts for their doctrine.
For Justianiano exceptions occur as a defence to those against whom the action is directed. It happens many times that the action of the plaintiff, although founded in law, is unfair to the person attacked. For example in point 1 explains that if an obligation was induced by fear or dolo,(Verbi gratia, si metu coactus, aut dolo inductus, aut errore lapsus..)but the obligation is valid according to the civil law and formalities,(palam est jure civili te obligatum esse: et actio, qua intenditur dare te oportere, efficax est) to reject the ction can appeal except for fear, of single or an exception conceived in factum. (Ideoque causes datur tibi metus exceptio doli mali aut, aut in factum composita, ad actionem impugnadam.) 2. Definitions 2.1. Eduardo j. Couture-the exception is the legal power that the respondent, that is invested you, enables to oppose the action brought against him. 2.2 Manuel Ossorio-broadly equivalent to the opposition of the respondent against demand. It is the counterpart of the action. In restricted sense constitutes the opposition which, without denying the foundation of demand, is prevent the continuation of the trial momentarily paralyzing or extinguishing it definitivamete, as concerned dilatory or peremptory exception. 2.3 Gonzalo Castellanos wheat-means exception any defence which the defendant it opposes the pretension of the actor is to refuse the facts in that case demand that you unknown law purporting to derive them, either to be limit the regularity of the procedure with the aim of destroy the legal claim filed on demand.