The defenses consist in the legislator’s recognition of the defendant, the right to defend himself and protect his interests in the lawsuit brought before him, through pleadings.
Defenses, in their broadest sense, are the various means granted by law to the defendant to confront the plaintiff’s allegations and respond to them in order to avoid being judged in the lawsuit. It is what the defendant resorts to respond to the allegations of his opponent with the intent of avoiding a judgment against his opponent with what he claims, whether these means are directed at the case or some of its procedures or directed at the origin of the right claimed, or at the opponent’s authority to use his claim denying it.
Defendant when he exercises his right by way of defenses; He chooses the type that matches his position in the case:
If there is a defect in the form of the lawsuit filed against him; Then he raises the procedural defenses that would obstruct the progress of the case without prejudice to the basis of the defendant’s right.
– But if the defense is focused on the same right claimed, such as denying its existence, then we are in front of a defense in the first place, whose acceptance results in the rejection of the claimed request.
The defendant may consider it appropriate to raise a plea that would prevent the court from deciding on the merits of the case in the first place. We are in front of the payment not to accept.
When the lawsuit is instituted and the adversarial association is established, the defendant has the right to exercise his right to the lawsuit. That is, his right to present the means of defense in order to respond to the plaintiff’s demands. The defense is, like a judicial claim; A recognized right for a person to ask the judiciary to protect his rights. The defense means that the defendant presents are divided into three types:
1) Basically the defense that is in response to what the plaintiff basically invokes
2) procedural defenses aimed at declaring the trial illegal; or its fall or its halting its course; That is, these defenses are aimed at trial
3) Defenses of non-acceptance that aim to negate the right of the claimant devoted to the person of the litigants, the subject matter or the time limits.
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