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Effect devolutivoSe named, in procedural law, the appeal granted in a certain effect: the superior will come to understand and review the decision or sentence appealed, but not suspend execution of the same. It is the opposite of suspensive effect. (Source: GARRONE, Jose a., dictionary legal do volume II, Ed. LexisNexis, Buenos Aires, 2005, p. 357 ).?Appeal is "GRANTED " : ) Freely, 41 B; In relation; This is the way in which is "GRANTED " the appeal. Now, when the judge gives you the resource can do it with two ( 2 ) "EFFECTS " = Devolutive effect or suspensive effect. Let's talk about the devolutive effect: Means that the judge of first instance ( which was the one who gave the resolution that you apelas ) you are granted the appeal but this appeal that you do will not suspend the decision you are appealing, i.e. you apelas you are granted the appeal, the case goes to Appeals Chamber is left copies of the resolution that you apelaste and the Court of first instance runs. The typical example is an eviction by art. 676 bis of the C.P.C.C when the actor credited all grantees art C.P.C.C 40 676bis; see them ) If the defendant appeals, granted the appeal with devolutive effect. I.e., you apelas but the judgment of the Court of first instance is carried out and they vandalise the defendant. The appeal continues in the Exma. Appeals Chamber, but... They were already evicted the tenant and almost no one continues that appeal. commented on: 26/05/12 - 02:32El knowledge that in appeals received the judge or superior court of the lower resolutions, without suspending the execution of the same. The devolutive effect is that is always given in 40 appeals; a single effect ) Admitting both effects when the suspensive effect is also given.In short, when a resolution is challenged through the appeal, this can be admitted in the following efecto:1-Suspensivo; you mean in ordinary words that the interposition of the resources suspends the execution of the Act being challenged, i.e. that do not may be the performance of the contract, because it would cause irreparable injury ( he would leave no matter the 41 resource, i.e. things to the State that before his execution could not be again. 2. devolutive: that it is contrary to the suspensive, i.e. the resolution that is used can be run by the previous judge deposit a guarantee or security to guarantee that the payment of the damages which might be caused by its execution Jan l case that will repeal the appealed resolution.This space is very small to give you more information, so it is student I recommend you to expand it into a book of procedural law.
