The Legitimation in the cause and its application in the simulation action filed by permanent partners in Colombia

Abstract

A suitable legal-procedural relation to utter a judicial decision over a discussion matter composes of formal and substantial requirements this allows a juridical acts consistent with a legal forms. Those requirements called Procedural Budgets it’s composed in turn by procedural budgets and material budgets. The doctrine has been called the legitimation in the cause in the material budgets, after understand that concerns to the claim or substantial law. However, this is not accord with the effects of the inexistence in the result of a demand, generating two slopes: one who indicates that absence prevents to make a background study of the object of the litigation, in consequence, there is no place to determine the existence and/or the ownership of the pretended right and other estimates who has direct influence in the sense of the decision, that means, if the background decision results condemnatory or rejection. In concrete terms, the Supreme Court of Justice has been indicated, that the lack of legitimation of the person who unsaturated the juridical action results in to reject the pretention. This has triggered in the processes that looks for the simulation demonstration of juridical acts requires of some certainty levels on the right ownership, inevitably affected by the existence of the simulated act.