The withdrawal occurs when the plaintiff waives the legal process already begun.
By withdrawal , we understand any document prepared for the purpose of ending any legal process . Although the term can have different conceptions, in essence, all refer to the voluntary termination of a process .
- What does it consist of
- Effects edit
- How to write a withdrawal letter
- Withdrawal of the claim
- Withdrawal of the instance
- Job withdrawal
- Withdrawal of the action
- How it differs from resignation
- Withdrawal by country
What does it consist of
Within a legal process , a person involved in some way may have the possibility of a withdrawal . By withdrawal you can understand several things, always depending on the legal perspective from which you look at it, but in essence, it can be conceived as that document made by a person who wishes to no longer be part of a process or matter , be it this type legal or not. So details and nuances will be the theme on which we will talk today in this article.
Different authors and countries elaborate their own types of withdrawal . The Spanish and Mexican cases are conceived in different ways, for example. Hereinafter, a list of the different types of withdrawal that can be found in the literature will be presented :
- Total withdrawal , that is, the possibility that the process ends before the sentence is handed down.
- Partial withdrawal , that is, the scenario of the continuity of the process with respect to the intentions that are not the objective of the withdrawal itself.
- Unilateral withdrawal , that is, one that is produced before the defendant is called to respond to the legal process.
- Bilateral withdrawal , that is, one that occurs in cases where the letter is passed to the defendant for opposition purposes, if it is deemed appropriate.
The withdrawal may give rise to two types of consequences . On the one hand, it can lead to the termination of the procedure of the procedural state in question. On the other, introduce the probability of re – offending the same action in some subsequent process as long as it is among the available options.
How to write a withdrawal letter
In order to preserve an air of practicality , will be explained below is a model of a letter of withdrawal as a guide for later execution:
- Place and date: which indicates where the letter is written and / or presented and the date where it is written and / or presented.
- Subject: which would consist of a succinct description of the theme that motivates this letter, the matter that you want to address through it. In this case, what do you want to cancel?
- Vocative: that is, to whom the letter is addressed, be it an individual or an institution.
- Body: s would deal with the part of the letter where it is sought to detail the data of the subject who seeks to give up, as well as the reason for the withdrawal.
- Signature: it ends with the signature of the author of the letter and the act in question.
Withdrawal of the claim
It is that form of withdrawal where, long before the news of the claim reaches the ears of the accused party , that is, prior to the start of the claim process itself , the subject or actor of the claim makes a withdrawal ( withdrawal ) of the claim document. It is a form of withdrawal that prevents the start of a legal process of this type.
Withdrawal of the instance
It would be a withdrawal where, once the process has begun , it is decided to eliminate any legal link between the parties . It differs from the previous one named due to the moment of the judicial process (in this, it occurs in full process).
Given the nature of rights in the labor context , withdrawals in some countries would occur only from the perspective of action (withdrawal of the process or action).
Withdrawal of the action
Finally, the Withdrawal of the Action is considered the last withdrawal modality itself. This is maintained since here a “resignation” or surrender of the right to return to continue with the legal process that had been started up to now is declared . Once this form of withdrawal has been used, the actor in the lawsuit or legal process cannot re-initiate this judicial process.
How it differs from resignation
Although both concepts can be confused , their differentiation lies in the consequences that arise once each one is used. While the withdrawal does not rule out the possibility of resuming the legal process from which it is requested to withdraw, in the resignation there is the condition of being a definitive action , that is, without the possibility of resuming the process .
Withdrawal by country
As a concept, the withdrawal finds different meanings depending on the legal and legal dictionaries of the country of turn. Between them we have:
According to Javier Sánchez-Lozano Velasco and others, withdrawal is spoken of as something that “constitutes one of the forms of abnormal termination of a civil process and is a direct manifestation of the right of device of the parties recognized in article 19 of the Law. of Civil Procedure. “
The Mexican Legal Dictionary defines it as follows: “Procedural act by which the intention of abandoning an instance or not continuing the exercise of an action, claiming a right or carrying out any other procedure of a procedure is manifested. initiated.”
In the Colombian case, the concept of withdrawal finds its characterization and classification between articles 314 and 317 of the Procedural Code of that country, understanding it laconically as an act of abandonment of any right or claim.
A more concrete definition of this can be found in Manuel Ossorio, who defines it as: “the act of abandoning the instance, the action or any other procedure in the procedure. It can be express or tacit; the tacit withdrawal is operated by voluntarily letting the procedural term expire. You can also waive the material right invoked in the process. “
In the Chilean case, Roberto Gonzalez Maldonado provides us with the following conceptualization: “The withdrawal of the claim is a fact or a procedural incident. If a claim has not been notified, the claimant may withdraw it without any formality, and it will be considered as not filed. If the claim is already notified, the plaintiff may, at any stage of the trial, withdraw from it before the court that hears the matter, in which case a procedural incident will be understood to be locked. If whoever has the right to do so opposes it, or it is only accepted conditionally, the court will decide whether or not to continue the trial, or how the plaintiff should be considered abandoned. The sentence that accepts the withdrawal, whether or not there has been opposition, will extinguish the actions to which it refers, in relation to the litigating parties and all the people who would have been affected by the sentence of the trial that is ending. The withdrawal of the requests that are formulated by way of counterclaim will be understood accepted, without express declaration, by the fact of proposing; Unless the opposing party deducts opposition within a third day after being notified. In this case, the opposition will be processed as an incident and its resolution may be reserved for the final judgment. “
León, Guanajuato, June 22, 2013
SUBJECT: Purchase withdrawal
Leon Shoe Industry
Guillermo Albéniz Andrade, in my duties as legal representative, I address this to you, to request that you have me withdraw from the purchase contract that our Company, Zapaterias el Ángel del Centro, has signed with your factory.
The above, due to the financial problems of my client, which for the moment prevents us from acquiring new merchandise.
We hope that this situation can be corrected as soon as possible, and in that case, we can renew our purchases.
Therefore, I sincerely request that you please have Zapaterías el Ángel del Centro, requesting the withdrawal of the purchase contract for your products.
I reiterate my kind consideration
James Dane “