What is Replacement Resource? »Its Definition and Meaning

A resource of administrative type of optional , which is used to interpose administrative acts that are executed by the public administration and that end up exhausting the administrative route.This resource is executed before the so-called administrative contentious resource.It is important to note that the repossession executed against court rulings and measures of the same type is totally different from the reposition resource administrative type.

Within procedural law this resource has the capacity to interpose within any instance , including extraordinary resources , this means that it is a simple character order issued by the court that can be revoked.

This can proceed only when it is filed in writing and within the period of 30 days when the Notification is express and in a period of 90 days if it is presumed.It must also be founded, that way this resource is erected as a way of challenge established by law favoring a party aggrieved by a decree and exceptionally by a ruling interlocutory , so that the same court that has established it immediately proceed to modify it or instead change leave it without any effect .Therefore, it could be said that it is a resource that is commonly used to interpose resolutions that have the aforementioned character.

It is possible to resort to resolutions and procedural acts that end with the via administrative, but for this it is important that the aforementioned elements have a direct or indirect decision in the matter in question, as well as determining the impossibility of continuing with the procedure, determining indecision in a manner irreparable to legitimate interests, being able to establish foundations in any of the grounds of nullity or nullity.

It is important to mention that, thanks to the optional type character of the repossession resource, it is possible the challenge of acts directly through the administrative contentious appeal before the courts and tribunals of the administrative-contentious jurisdiction, however, it should be noted that, if the appeal for reposition has already been filed, the contentious-administrative appeal cannot be used , if not until once it has been expressly terminated or until the alleged dismissal of the interposed appeal has been achieved.