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Meaning of superveniente by Donaciano Herrera J.




Donaciano Herrera J. Image
Donaciano Herrera J.

superveniente
  26

If the provided test, with the claim to be superveniente, refers to developments subsequent to the filing of the demand, since lesions that the offended declared to have received at the hands of his father occurred subsequent to those who were part of the natural litis; and if the ad quem had taken them into account to resolve the appeal, this would have been to the detriment of procedural equality because it would have left the respondent in helplessness, sentence based on facts that did not form part of the dispute in the trial, as while articles 65 and 522 of the code of civil procedures of the State of Veracruz refer to supervenientes documentsIt should be understood that this character the law gives it to records that are of later date than the demand; or earlier, if the party that offers them protest they are not able to acquire, or who had no knowledge of them, beforehand; but in any case, those documents should refer to facts of the dispute, as the means of proof are which have the character of supervenientes, and not the facts, as evidenced by articles 225 and 226 of the cited law, that to prescribe the means of proof that the Court can use to know the truthrelate to the facts matter of debate; so estatuyen that the evidence which the Court decree, should be " leading to the knowledge of the truth about the questionable points " what is likewise chord in the spirit of the civil proceeding, where the dispute will be set with the writings of demand and reply ( more than reply and rejoinder when this is established by the law governing the procedure 41.Amparo direct 3580/83. Marina slim Uscanga. on June 24, 1985. Five votes. Speaker: Jorge Olivera Bull.

  

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