When someone asks or asks a judge on their own to make a decision on a matter, that is voluntary jurisdiction. Consequently, this legal concept has two general characteristics:
1) it is not applicable to a litigation proceeding, since its purpose is informative;
2) whoever requests it does so freely and, therefore, voluntarily.
Types of processes that can be identified
In the voluntary jurisdiction process , there is no type of legal action, so there is no defendant.
As a general criterion, the main situations in which voluntary jurisdiction is applied are as follows:
1) requests to the judge for the purpose of alienating or consigning property of people whose legal representation depends on others, as in the case of parents or a guardian; Voluntary Jurisdiction
2) the licenses to achieve voluntary emancipation;
3) the declaration of absence or death as a result of the disappearance of a person ;
4) the ban on people with serious mental problems;
5) loss of marital status or changes in the individual’s name .
Three concrete examples
1- An individual owns a house and the tenant who lives in it does not pay the rent. In this situation, the landlord can go to a judge to notify the tenant of default or leave the house. If the judge agrees with this petition, the landlord has evident proof that the rent has not been paid. Voluntary Jurisdiction
2- Couples who live in concubinage do not have legal proof that demonstrates their romantic relationship. However, concubinage as a factual situation can lead to legal consequences, as the members of the couple are not married on paper, but it is as if they were. Thus, to demonstrate this union in fact it is possible to appeal to a judge in an act of voluntary jurisdiction.
The couple asks the judge for a statement from witnesses that can prove that the couple really is part of a family nucleus, even if they are not married in the strict sense. Recognition of concubinage may be carried out through a voluntary jurisdiction.
3- If a person is not autonomous as a result of some mental problem, it is possible to ask a judge to declare a guardian to act as responsible for that person. Normally, the relatives or relatives of the mentally ill are those who propose to the judge who could be the patient’s legal guardian. Voluntary Jurisdiction