The various procedural paths in which the judicial processes of Name Change are processed in Cajamarca – Peru

Proceedings of The 4th International Conference on Advanced Research in Social Sciences

Year: 2021

DOI: https://www.doi.org/10.33422/4th.icarss.2021.11.101

[Fulltext PDF]

The various procedural paths in which the judicial processes of Name Change are processed in Cajamarca – Peru

Marcia Patricia Rodriguez Urteaga

ABSTRACT: 

In Peru, the procedural paths in which it is necessary to process a judicial process of Change of Name have not been established, unlike in other countries that are governed either by the same system of Civil Law, as well as by the Common Law. The purpose of this study was to determine in which procedural paths the judicial processes of Name Change have been processed by the Superior Court of Justice of Cajamarca, one of the poorest departments of that country. To this end, a study with a qualitative approach, descriptive scope, and non-experimental design has been carried out. This study was made through the review of bibliographic sources and analysis of the main actions of 18 judicial processes of Name Change filed by people with limited economic resources in view of the Superior Court of Justice of Cajamarca from 2010 to 2015.

Using a descriptive, analytical and interpretative method; the results establish that the Judges of the Superior Court of Justice of Cajamarca have processed the judicial processes of Name Change of people with limited economic resources during the period analyzed, in various procedural paths of the Contentious process, as well as in the process and Non-Contentious procedural path; which differ in terms, stages, procedural costs, duration and, therefore, in the defense and argumentation mechanisms typical of their procedural nature; seriously violating the rights of the plaintiffs, who, are also in a situation of vulnerability due to their economic situation.

keywords: Name change, Contentious and Non-Contentious process, procedural paths