" Also point out briefly the internal structure of the material claims, since it is an expression of will by the requiring some other procedural claim must have legal grounds, ie the requirement behind pretensioners, a subjective right to be invoked to substantiate the claim. Taking the example a lease whose term has expired, in which the lessee has not returned the possession, the landlord must bring an action for eviction for expiry of contract to ensure its recovery. In this application the rules of substantive law governing the enforcement of contracts, the terms agreed with them, and the right of possession, will be the legal basis for the claim procedure. On the other hand, apart from the legal argument, the claim must be based on the occurrence of a certain number of facts which any further accreditation through Evidential allow the claim in the application is declared unfounded. In this case it is the basis in fact. While there are processes in which this element of the claim does not exist, ie not There are disputed facts, this absolutely exceptional. In the above example given, the factual basis of the claim for eviction would be the occupation of land by the defendant, the existence of the lease, among others. Moreover, the procedural claim has a central element, this is Ela particular order, namely that, in the field of reality is what the pretender wants to be the alleged action or a statement of the court.

This element of the claim procedure is called a request, even though doctrine is often called also petitum or petitio. Even a sector of the doctrine identifies this request with what is called the subject of the claim. Based on the example of which we have been serving, the request would be made for the recovery of possession by the plaintiff. Settlement In court, judges should take into account Article III of the Preliminary Title Code of Civil Procedure, which states: Late Process and integration of the procedural rule. Article III. "The judge must address the specific purpose of the process is to resolve a conflict of interest or eliminate uncertainty, both legal relevance by delivering substantial rights, and that abstract goal is to achieve social peace in justice. If empty or defect in the provisions of this Code, must resort to general principles of procedural law and the doctrine and case law, in response to circumstances. In this sense, Victor Jaime Mollocondo Asillo, born in Junin Peru, lawyer by profession