By Héctor Arenas Ricardez
The Constitution of the Republic, was the shield which protects all those who receive the death blow of injustice. The dogmatic part of this compendium of laws essential to the socio-economic, political and cultural life of this country, contains the individual and social guarantees inevitably, has to respect the State Government towards their governed. This involves all three branches of government, the unrestricted submission to the laws that organizes, defining its fields of competence, powers of power and at the same time warning of the serious responsibilities that its officials may incur for breaching these laws constitutional .
secondary laws consist of procedural and substantive codes in judicial or administrative order, establish, without upsetting the Constitution of this nation, how, when and to where the power to resolve conflicts between individuals and between the governed and State authorities.
why it is very important that in the realm of judicial that those administering justice, to impart, literally adhere to laws previously established by the legislature for the prosecution of those who necessarily need to be brought to trial.
I read with amazement, how to publish notices in the newspaper to call for trial of persons alleged to be unknown address or whereabouts. And this is done right in the holiday period of a civil court in this judicial district court no activity. But for the purposes of the applicant's interests is very convenient that these days have for the term of notice.
The State Civil Procedure Law provides:
Art - 38; The proceedings shall be authorized, under penalty of nullity, the public servant to whom it may concern attest or certify the act.
Art-44, Proceedings be carried out in days and hours. They are working every day of the year, less the Saturday and Sunday and those declared unfit laws. (ORGANIC LAW OF THE JUDICIARY DOWN THE HOLIDAYS OF THE COURT OF CIVIL ORDER AND THAT PERIOD INABILITY TO still thinks prosecution)
Art-94, in any term will be counted on when they can not take place prosecutions .
The publication of banns is a judicial act, it is ordered by the judge in the case.
This is where the judges must act informally to not allow these notices published in newspapers with the character of the edicts, to take lawful purposes.
The Article 19 of the Civil Code imposes upon the judge Veracruz declare invalid any act contrary to the wording of laws prohibiting or mandatory.
ignore Just because supposedly the home of a defendant, not exempt the applicant from the obligation to promote the necessary steps to declare the absence of the defendant and get to the presumption of death, which necessarily require to report the succession of the defendant. In that sense it is very clear Art.82 dealing notifications advertisements, because they have to further deplete the requirements on establishing a code of absence for the State Civil TITLE FIRST BOOK ELEVENTH.
WHERE THE LAW DOES NOT MAKE THEM TO ANYONE
DISTINCTION
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