Declaración de nulidad por omisión de solemnidad sustancial y su incurrimiento en Extra Petita.

Abstract

This thesis focuses its analysis on the existing legal problems that occur when there is a doubt as to whether at the time the judge declares the process null and void, either by omission or violation of a substantial solemnity, which would or would not incur extra petita. Throughout the thesis, a journey is made through what it means to be a judge when such omission has not been invoked by any of the parties, the role of the judges themselves and how they should proceed in this case, supporting everything with a solid foundation of doctrine related to the specific case. Issues such as the scope of nullity, the principle of consistency and its relationship with the extra petita are immersed and in this way, it is analyzed more closely why the judge is or is not, a guarantor of substantial solemnities, andof what happens in the civil process?