What "act"? Acting means allowing a person not to do himself justice, but to turn to an authority for the enforcement of harm suffered. This is a civilized substitute for vengeance.
It is an essential instrument.
However, the former Code of Civil Procedure does not provide a definition. After doctrinal debates, the CODE OF CIVIL PROCEDURE ended up giving a definition.
Article 30 of the CODE OF CIVIL PROCEDURE said that "action is the right of the author of a claim, to be heard on the bottom of it so that the judge told the well or ill founded. For opponents, the action is the right to discuss the merits of this claim. "
The action is a right that can do something else. It is the right to be heard by the judge, to address the judge. It is the right of the author of a claim. The right to act is not given to everyone. Similarly, we must apply to the judge for review the substance of the matter. For the defender, action to impugn the validity of the claim.
In fact, this definition is a complex definition. The right to act before the judge has two meanings.
- The concept of the right of access to courts as a fundamental right
- The lawsuit as a subjective procedural law