Abstract

LARROUCAU TORRES, Jorge. The Summary Procedure as Common Procedure in the Chilean Civil Justice. Rev. Fac. Der. [online]. 2019, n.46, pp.1-23.  Epub June 01, 2019. ISSN 0797-8316.  https://doi.org/10.22187/rfd2019n46a4.

The common procedure is the supplementary and common application trial in the Chilean civil justice. This paper indicates which procedural law is currently granted by this role to the summary procedure. This thesis relies on both the scope of application provided by the Code of 1903 and on that governed by the special laws as well as on the analysis of the special trials, particularly of the leasing proceedings and possessory restraining orders. This understanding of the summary procedure has several procedural consequences and challenges for the litigants as well as for the courts which are not blurred by a possible change of the procedures written by a processing based on hearings but requiring the definition of the limits of action of such subjects especially during the debate formation stage.

Keywords : Summary Procedure; Common Procedure; Chilean Civil Justice; Procedural Good Faith; Judicial Case Management.

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