Judicial confirmation of the legal fact
Judicial confirmation of the legal fact is provided in the provisions of the Code of Civil Procedure in Chapter VIII.
When can a claim be filed:
– When the birth, change, or extinction of a person’s personal or property rights depends on a fact, and
– the act certifying it has disappeared, has been lost and
– the show empowering it cannot be done again either
– can not be taken by any other way
The request for verification of the facts is submitted to the court of the first instance, in the territory of which the applicant resides. When proof of the truth is required for immovable property, it is presented to the court of the first instance in the region of which the property is located. In the manner shown above, the correction of errors in the acts indicated in this article’s first paragraph may be requested.
The request for proving the legal fact must contain:
a) the purpose for which the applicant submits the request for verification of a particular fact;
b) the reasons for which the act cannot be taken or for which the show can’t be done again;
c) the evidence that will prove the cause, for which it is not possible to take the act or this act can not be done again, and the fact that is required to be proved.
The procedure provides that requests with the object of proving the legal fact are reviewed in a court session, where the applicants and third parties who have a legitimate interest in this matter must be present. If the case is seen to have a public interest and the court deems it reasonable, the prosecutor can also be called. The court’s decision must contain the fact which it has proved and the evidence which have oriented the court towards this decision.
Against the decision, in which the confirmation of the legal fact has been decided, or the request has been rejected, the right of appeal arises, based on the general rules, to all persons who have a legitimate interest in this matter, who are mainly the applicant and the persons third parties called as parties and have been part of the consideration of the case.
The decision has no prerogative force against natural or legal persons who have not been summoned if they oppose the fact established in the decision. When, during the review of the request, a dispute arises between the applicant and another interested person about the civil law related to the establishment of the fact, then the court decides to terminate the review of the case. In this case, the parties can file a lawsuit according to the general rules.