El proceso declarativo de revisión

Abstract

* Aims: The doctoral thesis entitled: �the review action� which I Intend to defend and whose text is submitted for exam, has a great interest, hence we find a procedural item which contains huge legal loopholes in the matter of legal regulation, as well the lack of unanimous viewpoints by the side of case law in order to define a concept, search its aim, determine its juridic nature, analyse each of specific enumerated reasons in the procedural law, with a special reference to the idea of document or to what we have to understand as fraudulent machination or define which must be the legally qualified body for notice or who is entitled to bring an action of review. Review of final judgements beyond appeal levies one of the important principles of Procedural Law in Civil matter, because it supposes an enervation of the principle of legal certainty mentioned in our legal system. * Methodology: We must emphasize six sections, first one describes the item of review on the basis of its nature, aim and historical background; second one related to the rules of procedure which entail the admissibility or valid delivery of the judgement which has to solve the raised material legal conflict, and which must come in the moment of the access of the parties into the proceeding, special reference to the court which holds the authority to bring the action of review; third one, focused on the study of the subjective element in the action of review, it is to say, the subjects who are entitled from the active and passive viewpoint; sections fourth and fifth focus on the study of the object of this procedural modality, with a detailed analysis of petitum, an examination of resolutions susceptible of being reviewed after final judgement beyond appeal, and the causa petendi by making a detailed exegesis of each one of the review reasons, and also the interpretation of the case law made by the Supreme Court and the Constitutional Court, from a critical viewpoint; to end on the section sixth, and the aim that the analysis of this autonomous proceeding of appeal can be the most practical and possible useful, it is exposed what must be the procedure for the review in order to become successful, namely: delays, legal reasons for the action and legal effects which brings from the very moment of its filing. The interest raised on the doctoranda the proposed matter in this doctoral thesis is essential, in a legal and social way, in order to give a scientific and practical answer to dicotomy between legal certainty -derived from the fact that it is a final judgement beyond appeal-, and justice -when this judgement, spite of being a final judgement beyond appeal, it was delivered not according to law-. It has been necessary to reinforce the extent and contents of this procedural item in practice and the contribution of de lege ferenda solutions to avoid loopholes which can obstruct the party to court proceedings from succeeding justice in all ways. * To conclude: From the carried out study we finally conclude by affirming that review is an autonomous action and extraordinary in appeal, designed or directed to deem a proceeding ended in a final judgement because it was obtained by infringing the more elemental right to a just proceeding, by losing the almost absolute principle of irrevocability of final judgement, having priority justice face to legal certainty, as a last and sole procedural remedy in order to conquer the fundamental right to effective protection of the court. Therefore, the basis of the review is to succeed justice face to legal certainty, and the aim is to eject from the legal system a consolidated proceeding when the final judgement has been obtained in a way not according to law.