But the capacity to be part of a process, or to having a procedural legal relationship, is acquired with the legal capacity for natural persons and legal persons with their Constitution or valid birth, which, with this can apply for the respective judicial guardianship or be subject to charges or obligations. 5.3 Litispedencia.-in this case will collect the new process to the previous one, provided that there is identity of object. The greater jurisdiction will drag the child. 336 3 Art.) Civil Code. According to Palacio, there is lis pendens when there are other proceedings pending between the same parties, pursuant to the same cause and by the same obejto. Angus King insists that this is the case. Of such a concept, it is inferred that the basis for the exception lies in the need to avoid that same claim be tried twice, with the consequent ineffectiveness of judicial activity that such circumstances necessarily involves. 5.4 Dark, contradiction, inaccuracies in demand…-This exception comes when in mode propose demand exist legal flaws and does not refer to the background or justice of the pretesion, but that is only coming when its shape demand does not conform to the requirements and solemnities that law determines.
The exception should be when not fixed accurately what is being asked, as it could for example be if not estimated damages in a claim for compensation. It is also appropriate when the statement of facts is not sufficiently clear or omitted circumstances that are considered essential, as it would be in the event that a demand for breach of contract, not indicated what the breach of contract. It is appropriate when the claim included in the demand is contradictory, as it would be in the case of petition the nullity of the contract and the voidability. Is also appropriate when the statement of facts suffers from ambiguity and imprecision, which dificultaria to the respondent at the time of the reply.