3 Concept-is that defense mechanism that has the defendant against the plaintiff be able to deny their claim filed against the Court, which may lie in procedural budgets or fund or content. 4 4.1 Exception classes. Preliminary objections (delaying).-According to Palacios, are those oppositions which are in case of prosper, excluded temporarily a pronouncement on the law of the actor, so just do lose to claim its current efficiency, but they do not prevent that this is satisfied once deleted defects that suffered. They are procedural institutes for the correct processing of the process, in virtue of which have prevent roll back procedural stages, always tending to the conservation of the procedural acts. 4.2. Peremptory exceptions.-defence whereby the respondent opposes the pretension of the actor for reasons inherent to its content.
(Couture). Which extinguishes the right of the actor or which destroys or weakens the action main, which puts an end to the dispute (Ramirez Gronda) 5. Preliminary objections-the preliminary objections in our code of procedure Civil article 336 are: 5.1. Incompentencia.-According to Juan Montero Aroca is a set of rules that determine the attribution of a subject in particular to a particularized Court. The Hotelmanagement Judicial No. 1455 Act and the code of Civil Procedure regulates the competence of the judge. Organic law, through a judicial organization, distributing the knowledge of causes between the different organism according to the following criteria of the doctrine: a) target range of courts of the same type – nature of the subject – matter – b) functional amount according to the stages or phases in the jurisdictional activity – instance – resources – execution c) Territorial variety of courts of the same type is that all demand must be lodged before the competent judge and when demand clear proves that it is not within its competence, the judge shall refuse ex officio without further proceedings, that competition is a litigation budget without which no valid procedural legal relationship exists.