The judicial application of law in the Civil Procedural Act Project

Abstract

The present paper tackles the judge's power issue in order to apply the law relating to the Civil Procedural Code project. The author, in addition to expose the different theories that traditionally have explained this authority, tries to justify that the judge's power to widely use the legal materials accomplishes the tutelage of the civil rights. This tutelage function is based on giving the reason to the party that proves to be subject of the violated right more than to the one that correctly alleges legal regulations. Hence, the author analyzes different cases and the suitable procedural moment to debate the new qualification suggested by the judge.