Reconvención (DCH) (Counterclaim (DCH))

No. 2020-08

This article analyzes the processual institution called counterclaim, an action that a defendant could bring against an accuser before the same judge assigned to hear the case. The presentation of a counterclaim could generate two effects: a prorogation of jurisdiction or a simultaneous process. When presented at the onset of the dispute, or in response to the accusation, before other judicial actions begin, it had the effect of prorogating the jurisdiction and generating a simultaneous process; the latter understood as the parallel conduction of judicial acts in the process for both litis. In such cases, both accusations could be concluded in the same sentence. We analyze the people before whom counterclaims could be interposed, the effects of these measures, the people with faculties to interpose them, the causes in which their interposition was permitted, and when they were judged not to proceed.

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