Humanities

What is litigation? »Its definition and meaning

Anonim

A Litigation is a judicial process, a legal discussion that is governed by all the rules and conditions that must be respected in front of a higher judicial body, understand: A Judge. The word Litigation comes from the Latin Litis, and Litis comes from " Traba en un judicial process in the claim and its answer ".

The term litigation was used for the first time in Roman Law, in its beginnings, when judicial figures were used in the middle of bets, which were known as " Praedes litis et vindiarium " in this process, everything related to security and guarantee that can offer the judicial body to the possession before the consequences of losing or gaining it.

If the " Litis " included everything related to the "claim and defense" The " Litis contestatio " was called at the culmination of the part of the trial in which it was being fought. This is decided by the judge, after the “ Litis contestatio ” is established, all the established terms are clear to proceed to the analysis of both parties.

The word is used as an adjective to refer to ongoing legal proceedings, either property transactions, divorces, lawsuits, judgments. All these reciprocal concessions generally enter into a state of litigious obligation. This process varies in time and everything depends on the manipulation of evidence and witnesses that occur in litigation.

This judicial supervision encompasses the entire legal field, it is present in processes that demand resolutions that indicate a multiple claimant status, that is, when several actors make a claim together, this is called “ Litisconsorcio ” and when the process takes time, no this list, and there is no final judgment, it is called " lis pendens ".