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Suspension Termino Legal

The purpose of interrupting the proceedings is to enable the parties to exercise their rights of defence effectively, provided that the cases concern exclusively the person responsible for exercising that right, such as the lawyer, litigant or representative. The suspension of amparo proceedings is a precautionary measure whose purpose is not only to preserve their purpose for the duration of the decision, by preventing the execution of alleged acts that may be irreparable, but also to prevent the applicant from suffering damage that is difficult to repair. Suspension is the precautionary measure provided for in amparo proceedings that prevents the alleged act or rule from being performed, continued or influenced by the complaining party during the proceedings; includes conservative measures to prevent the impugned act from being performed or prosecuted; and guardianship measures that enable the complainant to temporarily recover the benefit of the infringed right. There are two figures in civil procedure who are very similar in terms of the effect they have in the process, that is, stopping the process, namely suspension and interruption. With regard to the limitation period for rights, interruption and suspension have instinctive effects, because when a time limit is interrupted, it begins to count again, but when it is suspended, it continues where it was once the suspension ended. Although their causes are different, suspension and interruption stop the conditions of the process, that is, it remains static until its resumption is ordered. Suspension is the event (action or fact) or situation that produces the temporarily limited paralysis or cessation of something positive, which consists in preventing for the future the beginning, development or consequences of this “something” of this paralysis or termination, without invalidating what has passed or has been done previously. The stay of proceedings shall take place only in two cases where the decision in the civil proceedings depends on the decision taken in another procedure or where the parties request a stay by mutual agreement. The purpose of the stay is to give the parties time to make decisions that are also aimed at concluding the proceedings, since at that time they can, for example, celebrate a settlement or arbitrate in this regard, on the other hand, if it is suspended because of the dependence of the sanction on what is decided in another trial, Its purpose is not to: make contradictory decisions. The interruption of the process occurs due to external causes that affect the ability of the parties to act on it; The following causes of interruption are listed:.

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