Resumen

CHIPANA LOAYZA, Pierre et al. Orality system in the 5th civil court of Huancayo. e-Rev. Multidiscip. Saber [online]. 2023, vol.1, e-RMS01122023.  Epub 29-Sep-2023. ISSN 2960-2467.  https://doi.org/10.61286/e-rms.v1i.24.

In a recent study, the current state of the oral system used in Civil Court 5 of Huancayo was evaluated. Corporate models were used to determine the guidelines of the discussions and grant the judge jurisdictional power during the plaintiff-respondent process. The qualitative hermeneutic approach was used to analyze the situation with observation for a specific context, at a descriptive-explanatory level. The investigation demonstrated that the implementation of the oral process incorporates the adversarial process in terms of evidence and follows the principles of immediacy and concentration. The court employs a hermeneutic methodology to understand the complexities of the purpose and uses a multiple case analysis approach to study the fundamental causes and mechanisms of the phenomenon. The findings of the study indicate that the oral process is functioning efficiently in the 5th Civil Court of Huancayo. The Fifth Civil Court of Huancayo, Peru, has obtained recognition for its oral trial system, which guarantees equal access to justice. The judges themselves recommended this structure, resulting in a more accessible legal process. During the preliminary hearing, the judge reviews assumptions and procedural conditions to establish a valid legal relationship. The Corporate Civil Oral Litigation Module has proposed the modernization and expansion of the civil justice system. However, this proposal goes against the principles of orality. After the analysis, it is concluded that the Model operates in opposition to its title since it functions as an Oral Model. Procedural law has its origin in Roman law and was systematized as 'Party Law'.

Palabras clave : orality; process; incorporation; civil; law.

        · resumen en Español     · texto en Español     · Español ( pdf )