“Law is a social science aimed at resolving conflicts of interest.” - Eduardo J. Couture
Civil law is a fundamental branch of the legal system that covers private relationships between individuals and entities. In Guatemala, civil law regulates matters such as contracts, property, obligations, and family. Civil law plays a crucial role in protecting the rights and regulating the obligations of individuals and businesses. It ensures that civil transactions and relationships are conducted in an orderly and fair manner by providing a clear and predictable legal framework. It also provides mechanisms for the resolution of conflicts and the protection of the legitimate interests of the parties involved.
What is Civil Law?
Civil law focuses on private relationships between individuals, whether individuals or companies. In this area, lawyers provide legal assistance to both the plaintiff and the defendant or third parties involved in a process. In Guatemala, civil law encompasses a variety of lawsuits, each with specific characteristics and procedures.
Types of Civil Lawsuits in Guatemala
In Guatemala, civil lawsuits are mainly classified into three types:
- Ordinary lawsuits:
- These are those lawsuits that do not have a specific denomination and do not have a fixed term for their filing. The plaintiff's attorney analyzes the norm and presents the corresponding statement of claim.
- Summary Lawsuits:
- These are lawsuits explicitly classified in Guatemalan civil procedural law. They are used to claim specific rights and must follow a specific subject matter established by law.
- Executive Lawsuits:
- They arise from the existence of executory titles such as public deeds, judgments and resolutions. These lawsuits order the execution of an action or obligation by a person.
Phases of a Civil Suit
All civil lawsuits go through several phases, which are essential for the development of the legal process.
- The Claim:
- It is the initial brief where the plaintiff states his rights and offers evidence to support his petition.
- The Answer to the Complaint:
- This is the defendant's response, where he opposes the plaintiff's arguments and also offers evidence to support his position.
- Completion of the Test:
- At this stage, the evidence offered in both the complaint and the answer to the complaint is presented and evaluated. This process is essential for the resolution of the case.
- Sentence:
- The judge issues a document summarizing the arguments of both parties and issues a decision accepting or rejecting the claim.
- Appeals:
- It is the process through which the resolutions issued by the judge are questioned, seeking their confirmation or revocation.
Complete Accompaniment in Civil Lawsuits
We offer legal advice in each phase of your civil lawsuit, guaranteeing a complete and personalized accompaniment. We advise the parties in ordinary, summary and executive trials, before the competent jurisdictional bodies. Our approach includes:
- Rights and Obligations Analysis: We evaluate in detail the rights and obligations of our clients.
- Study of Documents: We analyze essential documents such as public deeds, final judgments and resolutions.
- Legal Strategy: We develop effective legal strategies to defend our clients' interests.
Civil law in Guatemala is a broad and complex field that regulates various private relationships. Understanding the types of civil lawsuits and their phases is crucial to navigate the legal system effectively. Our commitment is to provide the best legal advice in civil matters, accompanying our clients through every step of the process to secure their rights and obtain favorable results.
“Justice does not consist in giving to all equally, but in giving to each his own.” - St. Thomas Aquinas
