Understanding the SUMMARY PROCEDURE in Honduras

Under the name “Summary Procedure”, all those that were not classified as ordinary ended up being included, creating a synonymy between extraordinary and summary procedures. Being a determining characteristic of the summary process, according to common law, the reduction of the causae cognitio to the summa causae. “Summary” refers to a type of procedure, more flexible and simplified compared to “ordinary”, which is highly formalized, slow and complex.

Summary Procedure in the Honduran Civil Procedure Code is a judicial process that aims to protect the fundamental rights of people quickly and effectively. Which turns the “summary” into a procedure of preferential character, which begins with a lawsuit, and the same requirements provided for the abbreviated procedure can be used, except for the rules relating to deadlines, since in summary protection they must be shortened to the time essential to guarantee the rights of the parties. Summary procedure must be requested to regulate the legal relationship between two or more people in relation to the following three elements:

  • Range: We can define as the link that unites two or more natural or legal persons, with respect to certain goods or interests, stable and organically regulated by Law, as a channel for the realization of a social function worthy of legal protection.
  • Extension: Regarding extension, it refers to the number of things over which a real right can be exercised.
  • Way to be: the legal character of intersubjective relationships is attributed by the very essence of these relationships. The State recognizes and protects legal relationships.

In the legal field, summary protection refers to the procedure intended to protect rights of less complexity, with a procedural simplification and reduction of cognition. Summary protection does not produce an exception of res judicata, leaving open the possibility of a subsequent declaratory judgment (abbreviated procedure) to discuss issues not covered by the summary nature of this type of procedure. The appeal will proceed against the resolution that decides the procedure and against the one that resolves this there will be no appeal, unless the alleged reason is contrary to other sentences handed down in similar cases, and may be appealed in cassation.

In Conclusion, I refer to the Commentary Honduran Civil Procedure Code, where the following stated about Summary Procedure: “Summary procedure is not properly a trial, but rather a summary and provisional measure adopted by the Judge at the request by one interested when in the legal relations of two or more people there is a conflict or discrepancy that they cannot resolve on their own, so the Judge must adopt certain provisional measures to normalize relations. Provisional measures essentially consist of ordering one or more people to do or stop doing what they do not do or have been doing that affects others, measures that remain in force until those involved in the conflict definitively decide the right they It corresponds to each one”.