The concept of litigation is used in the judicial field.
The first meaning of the term contentious mentioned in the dictionary of the Royal Spanish Academy ( RAE ) refers to the adjective that allows us to describe the individual who usually contradicts everything expressed by the rest of the people.
The notion, which comes from the Latin word contentiōsus , is also used as a synonym for dispute or confrontation . In Spain , for example, a conflict that exists over the administration of the enclave of Treviño , which belongs to the province of Burgos but is located within the territory of the province of Álava , is known as the Treviño dispute .
The Treviño dispute
This is a dispute in which the proposal of the Provincial Council of Burgos and the Junta de Castilla confront each other, who defend that the situation remains as it is, and that of the town councils of La Puebla de Arganzón and Condado de Treviño , as well as such as the Provincial Council of Álava and the Basque Government , who demand that the territory be segregated from Burgos to be annexed to the province of Álava. This conflict also manifests itself in other areas, such as road management, services, linguistics and politics.
The relationship between Castile and Treviño dates back to the 12th century , at first as royal territory (the places that depend directly on the king, who assumes the role of jurisdictional lord ) and later as mayorazgo (a system of distribution of property through which the eldest son benefits), run by Manrique de Lara . When the current division into provinces was created, in 1833 , Treviño was assigned to that of Burgos .
The dispute between these parties in the dispute over this territory is not based on merely historical issues, but on the relationships that exist between the Treviño enclave and its neighbors, both from a linguistic, cultural and commercial point of view. It is important to mention that local people have demonstrated on more than one occasion in favor of the territory being annexed to the Basque Country .
The contentious-administrative jurisdiction is responsible for controlling administrative actions, guaranteeing their legality.
The notion in law
The most frequent uses of contentious, however, appear in the field of law . A resource, a process or a contentious matter is one that is subject to the analysis and decision of a court as a dispute that exists between parties, unlike matters that await an administrative procedure and those that are of voluntary jurisdiction. .
Contentious jurisdiction is therefore called jurisdiction exercised as a judgment on the rights or competing claims of different litigating parties. The judicial procedure before this jurisdiction is called contentious proceedings , while the judgment on the things that motivate the litigation is called contentious proceedings .
The contentious-administrative
The expression contentious-administrative , finally, refers to the jurisdiction that controls that administrative actions are carried out in accordance with the law and subject to the corresponding purposes. It can be said that the contentious-administrative jurisdiction regulates the activity of the public administration in relation to its contentious function.
As expected, there are several types of contentious-administrative appeals, and the way they are processed is different in each case. One of the most common occurs when a party does not agree with a given administrative act . For this to take place, it is necessary that the contested act has put an end to the administrative procedure. In the list of cases that respond to these characteristics, the most normal is that in which an appeal is presented (which seeks that an administrative body carry out the review of an act that was issued by another that is below it). in the hierarchy) before the body that issued it.