Effects of the temporary succession of laws initiated the process (non-retroactivity and retroactivity) : (Part. I: particulr aspects), (Part. II: special aspects)

Abstract

The temporal sequence of rules after the beginning of the process raises complex, very prolix questions and in occasions of difficult solutions. To these questions they tried to answer the transitory provisions of the various procedural laws to the present with better or worse fortune and they continue hushing up others. The procedural doctrine so much Spanish and foreign is not foreign to the matter of there the raison of this work. This is because the apply from the beginning to the procedural rules and these are of different species may speak of formal or purely procedural and substantial. In turn the Judge, in the judgment, you must apply the substantive rules to the concrete case and in occasions inside these there exist procedural rules that cannot split of the material or substantial thing. It adds that the process goes through diverse periods, phases and instances. There are a diversity of processes by general or special order according to his object; and diversity for the jurisdictional order before which they follow and the jurisdiction before which they ventilate. To determine the decisive moment from which it is possible to speak of non-retroactivity, retroactivity or ultractivity is complex and of doctrinal base. Without forgetting that the option that the legislator gives to these systems has today relevancy and constitutional projection.