La segunda instancia: Una probabilidad de la sentencia en mínima cuantía
Some theories of juridical argumentation are described, an input for judges in the daily discipline of making decisions; a point of view which, for its addressees, may be consistent with a recriminated or accepted position, since, at any given moment, fundamental interests and/ or principles could b...
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| Format: | Article |
| Language: | Spanish |
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2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6551393 |
| Source: | Via Inveniendi et Iudicandi, ISSN 1909-0528, Vol. 13, Nº. 1, 2018, pags. 189-216 |
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| Summary: |
Some theories of juridical argumentation are described, an input for judges in the daily discipline of making decisions; a point of view which, for its addressees, may be consistent with a recriminated or accepted position, since, at any given moment, fundamental interests and/ or principles could be affected when dealing with economic rights derived from a conflict.Of old, the judicial work of the administrators of justice in front of this sacramental final decision, which although it does not constitute a closure of instance, if it is, in some events has been looked at with a brief attention, in a scenario of complexity arising from the correct application of the right to the particular case or, in other words, from the subsumption of the factual assumption in the norm; they contribute or generate changes in interpretation, argumentation and application of the law, and a response is provided in response to the demands invoked by the litigants or intervening third parties. Also, the legal effects of the sentence, as a resolution that goes beyond the judicial to the social (Ezquiaga Ganuzas, s.f.), will be dealt with, in order to confront the reality of the community by wanting to defend their points of view and bring to the debate the positions supported in the multiple theories.The judge’s behavioral pattern of spring will be evaluated in cases where claims for assets do not exceed the limits of the minimum amount, but at the time of making their decision, inflation is shown as compensation for damages, updating sums, compensation, the payment of fruits or improvements, etc., visualizing the possibility of opening the door of a second evaluator in hierarchical order, when the argumentative position is not shared and yet, their knowledge is restricted given the quantum of the initial economic pretension that by the work of indexation or some other scheme, exceeds the primal pecuniary boundaries for procedural becoming. |
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