Declaratory claims in the Bill for a new Code of Civil and Commercial Procedure

Authors

  • José María Salgado University of Buenos Aires

Keywords:

Draft Code of Civil and Commercial Procedure of 2019, declaratory judment, control of constitucionality

Abstract

This work shows how the Draft Code of Civil and Commercial Procedure of 2019 failed to modify the regulation of declaratory judment, which since 1967 has obvious errors. This was a missed opportunity, to improve the constitutionality control system at the federal level, where the US model was imported, in the framework of a civil law tradition in which there is no binding mechanism for the precedents.

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Author Biography

José María Salgado, University of Buenos Aires

Professor of Procedural Law at the University of Buenos Aires, Argentina. Vice-President of the Argentine Association of Procedural Law.

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Published

2021-04-25

How to Cite

SALGADO, José María. Declaratory claims in the Bill for a new Code of Civil and Commercial Procedure. Civil Procedure Review, [S. l.], v. 12, n. 1, p. 155–164, 2021. Disponível em: https://civilprocedurereview.faculdadebaianadedireito.com.br/revista/article/view/227. Acesso em: 21 nov. 2024.

Issue

Vol. 12 No. 1 (2021)

Section

Artigos