Procedural action

The procedural action is the means to prosecute a conflict. In this sense, it is the basis of the lawsuits that initiate the judicial processes.

When a natural or legal person wants a judge to solve a conflict, they have to initiate the judicial process and for this they must file a lawsuit. What does that demand contain? The claim contains a procedural action. This action is a fundamental right that safeguards access to the courts.

Depending on what the claim is, this will be the procedural action that is filed. For example, a person (A) contracts with another (B) a service in exchange for the payment of a price.

(B) performs his part of the contract and delivers the service, but (A) does not perform his part and does not pay the price. At this point, after several out-of-court claims, (B) decides to take the dispute before a judge to force (A) to pay the agreed price. At this point, you must file a lawsuit, and that lawsuit must contain an action. This action will be the claim of quantity and will be based on a legal provision.

Characteristics of the procedural action

The main characteristics that define the procedural actions are shown below:

• Its function is the procedural impulse. That is to say, it initiates the judicial procedure.
• In order for an action to be initiated, there must be a subjective right to protect.
• All actions that initiate the judicial process are procedural.
• Actions that do not initiate judicial activity are extrajudicial actions.
• The action sets the object of the trial without being able to debate anything else.
• To the action initiated by the plaintiff, the defendant may file exceptions or oppose it.
• Except in criminal actions, who holds the procedural action must be the natural or legal person who has seen his subjective right injured.
• It is not necessary that only one action be brought, claims can be accumulated by meeting certain requirements.
• Both legal and physical persons can be holders of the action.
• When the judicial process begins and this action is filed, subsidiary actions of the main one can be foreseen for those cases in which the judges do not consider the main action.

Types of procedural actions

Next, we will show the main types of procedural actions:

• Civil action: Among these types of judicial claim are those that protect the rights contained in civil codes, such as a claim for an amount or a divorce, for example. Within these actions, there are actions of conviction, declarations, etc.
• Criminal action: In this case, the initiation of the procedure does not have to be by who has suffered the injury in their right, but will be initiated by the judicial agents. Based on the rights included in the criminal codes.
• Contentious-administrative actions: This claim will base the injury of a right in relation to public administrations.
• Labor action: It will have a place within the framework of workers' rights. For example, an action for unfair dismissal.
• Mercantile action: These will be destined to conflicts arising in business traffic. For example, an action for the initiation of bankruptcy.

Beyond the difference between actions by jurisdiction, it is necessary to differentiate between personal and real actions:

• Personal action: This claim is initiated by a specific person against another specific person. The example above is perfect to understand this action. This action is born by the obligation that exists between the two people.
• Real action: 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.