Civil action is the right recognized as the means that gives access to a person to initiate a procedure in a civil court. In other words, the right to initiate, after the imposition of a claim before a judge of said jurisdictional order, a judicial process in the civil jurisdiction.
When a natural or legal person wants a judge to solve a conflict that is included in the civil order, they have to initiate a judicial process. To do this, you must file this instrument called action. How does this action materialize? This action will be filed through a lawsuit, in this civil case.
The exercise of filing this action is a fundamental right that safeguards access to the courts in the civil jurisdiction. Likewise, the party that receives the lawsuit containing the civil action filed against him can answer this lawsuit, simply opposing it, or he can answer by filing another action against the plaintiff.
Characteristics of the civil action
The main characteristics of civil actions are:
- They can be filed by natural or legal persons.
- They can be filed by a group of people, such as a consumer association.
- Once this action is fixed, the object of the conflict is fixed and on which the judge will decide without being able to change.
- The action protects a subjective right owned by the person who files this action and who sees it violated.
- It works as a procedural impulse, since it starts the judicial process.
- This action can only be aimed at protecting rights recognized in the civil code, civil rights.
- Only those actions considered civil may be filed in this civil process.
- These actions belong to private law, just as civil law belongs.
Classification of civil action
There are two classes of civil actions:
A) Personal: This claim is initiated by a specific person against another specific person. This action is born by the obligation that exists between the two people.
B) Real: In this case the claim is initiated by a specific person but not against another, but rather makes sense in the relationship of this person with an object. This action is born by the obligation that exists between the person and the thing. For example, the possessory action.
Types of civil actions
Once these two large groups of classification have been analyzed, it is necessary to differentiate the specific types of civil actions:
- Conviction actions: The plaintiff’s claim is that the defendant be forced to give, do or not do something. The claim with this action is not the declaration of any right but that the defendant is forced to something.
Example: A owns a home but does not own it because B illegitimately owns it and does not own it. A files a civil action, in this case a property claim, so that B relinquishes possession of the home.
- Declaratory actions: The plaintiff’s claim is that the judge declares a legal situation. The plaintiff in the claim does not intend to oblige the defendant to anything. It only asks for an acknowledgment that must be respected by third parties.
Example: A contracts with B, but believes that this contract is void and claims compensation from B, which is opposed. A takes this conflict to trial by means of a civil action for the nullity of the contract, the only thing that it intends is that the nullity of that contract be declared and later request B with that favorable judgment for compensation.
- Constitutive actions: The plaintiff’s claim is that a legal situation or relationship is created, constituted, modified or terminated. Which ultimately results in the creation of a new legal reality.
Example: A marries B, but they finally decide to divorce. A and B file a divorce action and thereby claim that their legal status as spouses is extinguished.
- Executive actions: The claim of the plaintiff is that a recognized legal title or right is executed, becomes effective.
Example: A has a recognized debt with B, but B does not pay. A goes to the judge through a non-judicial execution of title (proving B’s recognition of debt) so that the court can use its instruments and enforce the debt.