Examinando por Materia "Derecho de defensa"

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    Aplicabilidad de la jurisprudencia del Consejo de Estado en materia procesal civil respecto de la capacidad para comparecer al proceso de los consorcios y de las uniones temporales
    (Universidad EAFIT, 2020) Sierra Negrete, María Paula; Sierra Mejía, Juan Manuel; Prieto Quintero, Eugenio David Andrés; Merino Martínez, Catalina
    The treatment of a procedural matter, such as the participation of Temporary Unions and Consortia within the process, that is the debate on their legal and procedural capacity, initially requires a study of a documentary nature, due to the critical revisions that have been made to the current regulation, the jurisprudence and the doctrine, which have dealt with the legal capacity of consortia and the temporary unions in different ways. Some take into account the arguments put forward by the Council of State, which provides that these associations may act within a judicial process by appointing a legal representative for that propose. However, others assert that their participation should continue to be through the necessary litigation figure, since otherwise, rights such as the right of defense of the other members of the Temporary Union or Consortium would be violated. The difference in perception has led to a degree of uncertainty as to what the involvement of Temporary Unions and Consortia, should really be like within the process. Hence, there is a need to organize and evaluate existing theorical, jurisprudential and doctrinal information on this problem, focusing on current research progress and providing possible avenues for its solution; will be analyzed the consistency of each of the jurisprudential and doctrinal positions on the topic, to then, point out the failures or demonstrate the effectiveness of once on the other, or if it is possible that the different positions remain.
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