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lo27004002 Law 44/2014, on 18 December, the embargo Law 44/2014, 18 December, of the embargo since the General Council at its session of 18 December 2014 has approved the following: Law 44/2014, on 18 December, the embargo preamble the law the embargo approved in a contemporary with the modification of the code of the Administration , 29 March 1989, and the law of the administrative and tax jurisdiction, of 15 November 1989, and also with the approval of the law of saig. The combination of these legislative initiatives is to make possible an objective that is twofold. On the one hand, that the general administration and the common, and also the autonomous agencies and parapublic entities if you are permitting their law of creation or regulation, can be run via a forced, autonomously and without intervention, mandatory until now, of the jurisdictional bodies, the administrative acts passed and executoris, except those that impose a unique obligation and the law does not authorize the administrative authorities to adopt measures of direct compulsion or not meeting a situation of extreme urgency and necessity. On the other hand, they can delegate this forced execution in saig, which is competent to execute the judgments that civil and administrative jurisdictions dictate that consist of the payment of a liquid amount.
Until now, the regulation of the practice of the embargo and the realization of property and rights in the procedures of forced execution of judgments or administrative acts are contained in the Decree of 6 may 1916, in articles 3 and 4 in fine of the annex III of the Decree of 4 February 1986 veguers, and in article 102 of the law of the administrative and tax jurisdiction. With regard to the preventive seizure, regulate in the Decree of the veguers 1 May 1922, repealed in part by the transitional law of judicial procedures, of 21 December 1993, but only determines the jurisdiction to decide them and establish the requirements.
This regulation, fragmentary and minimal, and therefore, inadequate for the purpose of providing the necessary legal certainty in the process who know the batlles and courts, has been completed by the case law and the adoption of harmonised practices that have allowed the trava and the alienation of the property and rights of the people under embargo be carried out respecting the rights and procedural guarantees mandatory.
However, the executive powers conferred again in the Government or in saig, through the law of saig, the law on modification of the code of the Administration, and also the new law on foundations of the Tax Ordinance, which allow them to seize the goods and property of the people executed, and, if necessary, to make them, is essential to have a full and appropriate regulatory framework in this regard; and it is for this reason that have been promoted by this law, which is broken down into eighteen articles, a transitional provision and three final provisions.
The first four articles of the law refer to general issues. It is clear that the law is applicable not only to seizures executives who practice the saig or the public administrations that have the ability to do it for themselves, but also to seizures, both preventive as well as executives, who carried out the jurisdictional bodies, unless a specific exception in criminal matters, as a result of the lack of sufficient regulation that existed until now , and that has already been targeted. Next, establishes the duty of cooperation necessary for all individuals and public or private entities must meet in order to promote effectively the actions mentioned above. On the other hand, after establishing the prohibition of forcible execution proceedings against interdictes of administrative acts, establish, in order to guarantee the legal security required, minimum rules that set the priority in the forced execution when there is several procedures, both universal unique as, in relation with a same person executed.
Then, the eight following articles regulate the practice of the embargo. First, establish a preliminary rules in relation to the determination of the property and rights that must be seized, so that this embargo does not involves a reduction of excessive heritage for the person being repossessed; at the same time, you are allowed to bring goods and rights to this effect, provided that the initiative does not desvirtuï the good end of the procedure or harm to third parties, and also taking into account the possibility that the body embargador and the person matching foreclosed disagree about the order of seizure of property and rights. With the same purpose, from a rights based perspective, are accurately priced goods and rights that are not likely to be foreclosed, and establishes the right to avoid the embargo or leave it without effect if it is left-luggage office the amount that is subject to the embargo, until the time of the final adjudication of the embargoed assets or rights.
The law also outlines the practice of appropriation according to the type of property or rights held, and establishes rules of procedure to the effect, that impact on the duty of cooperation and on the effects of the embargo: in the case of property or rights delivered or relied on credit institutions or deposit, distinguished in the case of funds, securities or titles il·líquids financial assets, or safety deposit boxes, and the specific rules for the accounts of joint ownership and/or indistinct; with regard to salaries and regular income, establishes a scale and reductions aimed at guaranteeing the livelihood of the person being repossessed and his family, and also regulates of isolation are real estate and personal property and, separately, when the goods are entered in the special registers.
The four following articles govern the second phase of the procedure, which involves the assessment and the alienation of the property and rights previously seized. It is determined that the assessment should be done at market value, it allows the person executed may present a contradictory assessment and incorporate a few rules that establish what is definitely value applicable in this case, whether it is estimated the arithmetic mean of the two evaluations as entrusts a third assessment, depending on the extent of the difference between the first two evaluations.
Then, after establishing the two procedures for disposal of seized goods and rights, namely, the auction and the direct award, each procedure is detailed in two separate articles. As for the auction, that is configured as the ordinary procedure, regulates how to announce and run materially, establish the type of output and impact especially in the two stages of adjudication, provisional and definitive. In relation to the direct award, which has a residual character, it will be accurately priced cases which allow host-and fixes the minimum price of the award as if, previously, there have been one or two auctions, whether or not they have auctioned off the property and rights.
The last two articles of the law refer to the costs of the procedure of execution, which are considered as costs of execution, at the expense of the person executed, and in the final phase of the procedure, which entails, if this is the case, the lifting of the embargo and the return to disentangle the person executed the remaining dinerari or of the property and rights that have not been adjudicated.
Finally, the transitional provision regulates the regime applicable to seizures, played in the procedures instats before or after the entry into force of the law; and three final provisions empowering the Government to approve the statutory provisions that are necessary for the implementation, the effectiveness and implementation of the law, qualify the terms of paragraph 2 of article 2 of the law, and fix the date of entry into force.
Article 1 object of the law 1. This law regulates the practice of the embargo within the framework of the procedures of forced execution of judgments or administrative acts, carried out by public administrations or by the Saiga have the ability to do it themselves.
2. This law is also applicable to seizure who practice the jurisdictional bodies.
3. Without prejudice to the duty of collaboration that in article 2, are excluded from the scope of application of this law are seizures that have as an object the instruments or the products of activities constitute a crime.
Article 2 obligation of cooperation 1. All individuals and public and private entities are required to collaborate in the activities regulated in this law, and to provide to the competent court or bailiff, or in saig or the Administration, all the information you know in relation to the property and rights of the person being repossessed or executed, without any other limitations than those that impose the respect of the fundamental rights of the people and the law.
2. The transfer of personal data to the competent court or bailiff, or in saig or in the Administration, in the context of the duty of cooperation imposed by this Act and for the purpose that it establishes does not require the consent of the person affected.
Article 3 prohibition of interdictes does not fit interdictes against the actions that are carried out for the compulsory execution of administrative acts in accordance with this law.
Article 4 concurrent procedures without prejudice to the order of consideration for the payment of credits established by the laws, if a unique procedure of execution concurs with other special procedures of execution or with a bankruptcy procedure or universal implementation, the preference for the execution of the embargoed assets or rights is governed by the following rules: a) When there is two or more special procedures of execution , is the preferred procedure in which the summons or, in default of summons, the trade embargo of the mayor or the Court, or the agreement though of saig or the Administration that is running is above.
b) When any of the unique procedure of execution with a bankruptcy procedure or universal implementation, the unique procedure follows the scheme established by the regulations applicable in insolvency. Moreover, the mayor or the competent court, or the saig or administration, it must suspend the processing of the unique procedure of execution, unless the judge or the Court who knows the bankruptcy procedure of execution I decide otherwise.
Article 5 determination of the property and rights that Pilgrim 1. To determine the property and rights that Pilgrim has to take into account the proportionality between the value of the goods and rights and the amount that is subject to the embargo, the greatest ease of implementation, and also the minimum onerositat for the person being repossessed.
2. The person can point foreclosed property and rights to make the embargo. The embargo has been practicing with preference on these assets and rights if they guarantee the payment of the debt with the same efficiency as the other rights and assets subject to seizure, and this will not cause prejudice to third parties.
3. At any time, the mayor or the competent court, or the saig or the Administration, on the one hand, and the person under embargo, on the other hand, can agree on the order of seizure of goods or rights. If there is no agreement, the Pilgrim's property or rights in the order established in the law on the bases of tax legislation; However, in the case of real estate the family home is liened in last place.
4. Have not been of the seizure of the goods or rights, the cost of the production of which is presumably greater than or equal to the amount that will get this same realization.
Article 6 unalienable Property cannot be the subject of seizure: a) the furniture and household items from the home, and the clothing of the person being repossessed, except in the case of works of art, of luxury items or collection or, in general, of goods that cannot be considered necessary for the livelihood worthy of the person and foreclosed families reporting financially.
b) assets and instruments strictly necessary for the exercise of the profession, art or profession of the person under embargo, when its value do not store with the amount that is subject to the embargo.
c) goods and the quantities that have been declared inalienable or unalienable by this law, other laws or international treaties.
Article 7 Seizure of goods or rights in credit institutions or tank
1. When you decide the seizure of funds, securities, titles or any other property or rights delivered or entrusted to a credit institution or deposit, or to another entity or person to depositary, the mayor or the competent court, or the saig or administration, address a stagecoach to the company or to the person mentioned, and the urges to immediately hold the foreclosed amount and the transfer , if necessary, to the account of deposits and consignments that are indicated.
In the event that it is possible, in due diligence though has to identify the right or right eventually known by the mayor or the competent court, or the saig or the Administration, but the embargo can be expanded without the need of prior identification, to the rest of the assets or rights existing in the same institution or entrusted to the same person to hold.
If the information provided by the company or the person depositing is deduced that the funds, securities, securities or other property or rights that exist are not homogeneous, or that the value of these assets or rights exceeds what you have to make sure, the mayor or the competent court, or the saig or administration, you must specify the goods or rights that must be seized.
2. In the case of seizure of financial assets il·líquids, the entity or the person depositing is limited to block them and not have to make until they receive instructions from the competent court, or for specific or mayor of saig or the administration.
3. In the case of safety deposit boxes, the company or the person depositing is limited to block access.
The mayor or the competent court, or the saig or the Administration, should require the owner of the box for the open in his presence, and in that event it overpowers the content, when I meet the right conditions for this purpose. If the injunction is not given, orders the opening to the entity or person to hold.
4. When the funds or securities are deposited in accounts in the name of several holders should only be of the seizure of the part corresponding to the person being repossessed. To this effect, in the case of joint ownership, the indistinct accounts balance is presumed divided into equal parts, except that it will try a different material ownership.
5. in the event that the account affected by the embargo will take effect is usually the payment of the salary, pension or similar remuneration, it must respect the limitations laid down in article 8. For this purpose it is considered salary, pension or similar remuneration, the amount entered for this item in the account mentioned in the month in which the embargo takes place or, if it has not been entered in the embargo, the amount for the same concept entered the previous month.
6. The seizure of funds, securities, titles or any other property or rights delivered or entrusted to a credit institution or deposit, or to another entity or person to hold, can be carried out by means of the computer corresponding communication service, which allows the sending and receiving of the proceedings with the full guarantee of the authenticity of the communication and content , and also the time of the sending and the reception of integrity.
Article 8 Though wages and recurring income 1. Wages, pensions or similar remuneration, including periodic income, pilgrim is in accordance with the following scale: a) the part that does not exceed the amount of the minimum professional wage is inembargable.
b) in the part between the amount of the minimum professional wage and double this amount, it overpowers the fifty percent.
c) that exceed the double of the amount of the minimum professional wage can be fully seized.
If the debt that has caused the embargo comes from the non-payment of alimony, are not applicable to the limitations set out in letters a and b)). In this case it is necessary to consider the needs of preference of the person of the alimony on the one hand, and the needs of the person being repossessed from the other.
2. If the person being repossessed has descendants, ancestors, spouse or person with whom maintains a similar relationship of cohabitation in charge, the percentage referred to in the letter b) of the previous section is reduced by ten percent for each of them.
3. If the person gets repossessed more than one salary, pension or similar remuneration, build up each and is calculated on the whole inembargable part.
4. When you decide the embargo of salaries, pension or similar remuneration, the mayor or the competent court, or the saig or administration, address a stagecoach to the person, entity or Office and will be urged to retain the foreclosed amount and transfer, if necessary, to the account of deposits and consignments that are indicated.
The attachment of wages, pension or similar remuneration can be carried out by means of the corresponding communication computer service, which allows the sending and receiving of the proceedings with the full guarantee of the authenticity of the communication and its contents, and also the time of the sending and the reception of integrity.
5. The provisions of this article apply similarly to income from professional activities and autonomous commercial.
Article 9 Seizure of property 1. When you decide the seizure of real property or of rights to real estate, the mayor or the competent court, or the saig or administration, address a stagecoach to all notaries and the Chamber of Notaries, to notify the embargo.
2. On receiving this due diligence, the notaries and the Chamber of Notaries have to score and make a record of the embargo practiced and, from the moment of the receipt of the communication, the notaries should refrain from authorizing any act of disposition or encumbrance on the property and rights without the prior agreement of the embargoed Mayor or the competent court, or of saig or the administration.
If you perform the Act of burden or available on a right or a right repossessed, with the prior agreement mentioned above, the notary shall state in writing the existence of corresponding appropriation and the amount of the debt which responds.
3. The seizure of property or of rights to real estate can be made by means of the corresponding communication computer service, which allows the sending and receiving of the proceedings with the full guarantee of the authenticity of the communication and its contents, and also the time of the sending and the reception of integrity.
Article 10 Seizure of movable property
1. When you decide the seizure of movable property, the mayor or the competent court, or the saig or administration, you must make clear to the diligence though the following aspects: a) the relationship of the goods seized, with a description of its main characteristics, the State of use and maintenance and, if this is the case, the existence of defects or tares that could reduce its value. It should seek to incorporate graphical documentation of each well.
b) demonstrations carried out by those who have taken part in the embargo, especially those that relate to the ownership of the goods seized, and any rights of third parties.
c) The person to whom is designated the depository and the place where they have placed personalty.
2. The mayor or the competent court, or the saig or administration, you can leave the goods seized in the possession of the person that you have in your possession, that from that moment in reply as a depositary, or take possession to keep them in tanks or warehouses, own or others.
Article 11 Seizure of movable property or intangible assets registered in special records 1. Without prejudice of the deposit in accordance with article 10, when you decide the seizure of vehicles, boats, shares or participations in companies, commercial establishments, or other personal property or intangible assets registered in registers, the mayor or the competent court, or the saig or administration, address a stagecoach to the person in charge of the register to notify the embargo.
2. On receiving this due diligence, the person in charge of the registry must register a preventative to give publicity to the embargo practiced, and must refrain from authorizing any change in the ownership of the seized goods without the prior agreement of the mayor or the competent court, or of saig or the administration.
3. When you decide the seizure of shares or participations in companies, the mayor or a competent court, or the saig or the Administration, also address a stagecoach to all notaries and the Chamber of Notaries, to notify the embargo.
4. On receiving this due diligence, the notaries and the Chamber of Notaries come in accordance with article 9.2.
5. The seizure of movable property or intangible assets registered in registers can be carried out by means of the corresponding communication computer service, which allows the sending and receiving of the proceedings with the full guarantee of the authenticity of the communication and its contents, and also the time of the sending and the reception of integrity.
Article 12 stoppage of the embargo at any time before or after the practice of the embargo, and up to the final adjudication of the assets or rights seizure, the person being repossessed can avoid the embargo or leave it without effect, by means of the consignment by the mayor or the competent court, or of saig or administration, of the amount that is subject to the embargo.
Article 13 evaluation of seized goods and rights 1. When the goods or embargoed rights are other than money, you have to assess your market value and depending on the State in which they are located.
2. The valuation must be made within a period of fifteen days from the date on which it receives the information as a result of the proceedings though that must be addressed, and must report to the person being repossessed it, in case of discrepancy, you can present a contradictory assessment carried out by an appropriate appraiser, within fifteen calendar days from the notification.
If the difference between the two valuations does not exceed twenty-five percent of the lowest value, it is estimated the value of the goods or rights, the arithmetic mean of the two evaluations; in the case that the difference is higher, the mayor or the Court which has handed down the ruling that is running or, in the case of an administrative act, the mayor or the Court of the Administrative Section of the Council who corresponds to time, has to appoint an expert to carry out a new assessment. This value must be between the limits of the above, and is the one that definitely applies.
Article 14 Transfer of embargoed goods and rights 1. The transfer of the assets or rights seizure is made by any of the following procedures: a) auction.
b) direct Award.
2. The Administration that is running cannot alienate the goods or rights seizure until the executed become firm, except in cases established by the law on the bases of tax law.
Article 15 Transfer to auction 1. The ordinary procedure of allocation of assets or rights seizure is the public auction, with an output rate equal to 70 percent of the valuation of the assets or rights. If the auction is deserted, you can proceed to a second tendering, with an output equal to fifty per cent of the assessment.
2. The auction will be announced through publication in the official bulletin of the Principality of Andorra, without prejudice to the possibility of using other means of advertising, when deemed appropriate.
The announcement of the first bid must be made within a maximum period of fifteen calendar days from the final assessment of the good or right is intended to auction. If it proceeds to a second tendering, the announcement should be made in the same maximum period of fifteen days from the day after the day on which the first auction has been deserted. The auctions have been performed among the fifteen calendar days and in the month since the publication of the announcement in the official bulletin of the Principality of Andorra.
3. The personal property can be auctioned individually or in batches, depending on what is more convenient for the good end of the execution. In the case of real estate, you have to include, whenever appropriate, timely planning data, loads or charges that you have about the same goods and that the bidder, by the mere fact of participating in the auction, accepts and agrees that it is subrogat in the responsibility that they arise in the event of becoming successful tenderer.
4. The material execution of the auction can be entrusted to a company or a specialized professional. In this case, the mayor or the speaker of the competent court, or the saig or a representative of the Administration, attended the Act of bidding, and has the power to decide on the issues that may arise in the development of the Act, and even to suspend the auction or to condition the award in a subsequent ratification.
5. People who want to participate in the auction must submit a receipt to justify that they have formalized the payment of the amount corresponding to the fifteen percent of the type of good or right is intended to auction, the account of deposits and consignments which indicated, for the purposes set out in the following section.
As an exception from the income mentioned in this section, the person running can participate in the auction without formalizing the deposit referred to in the previous paragraph, and you can also reserve the right to assign the contract to a third person.
6. Good or right auctioned was awarded provisionally to the person who has participated and has presented the best offer.
To this end, the mayor or the competent court, or the saig or administration, gives, depending on the case, a sentence or a provisional contract agreement, in which they identify the successful tenderer and the good or right auctioned, and at the same time gives a period of fifteen calendar days to enter to your account deposits and consignments that are indicated by the difference between the amount of the award and the amount of the deposit paid to participate in the auction. In the case of provisional awarding in the running, the deadline to make the payment mentioned is three months.
If the successful tenderer shall not motto the amount within the period indicated, the provisional awarding will cancel and the successful tenderer shall lose the amount of the deposit paid at the time, which is applied to the costs of the execution; the amount in excess of this amount is considered to be the product of the execution.
7. Once consigned the amount, the mayor or the competent court, or the saig or administration, gives, depending on the case, a sentence or a final adjudication agreement, certifying the payment and is the title of the transmission right or right auctioned.
8. In the summons or the final adjudication of an estate or of a right for a real estate, you have to include, whenever appropriate, the charges or previous charges that remain, and the subrogation of the successful tenderer in these charges and these charges. It also has to include the cancellation of the burden or the burden that has originated auction of good or right. If there are subsequent charges or encumbrances that are not getting the right or law, the mayor or competent court should cancel, ex officio or at the request of saig, of the administration or of the person awarded.
In the case of real property or of rights to real estate, and in other cases in which a law so requires, the summons or the final adjudication agreement is formalised in a public deed, which is the title of the transmission right or right auctioned.
Article 16 Transfer to direct awarding 1. The transfer by direct award of the embargoed assets or rights applicable in the following cases: a) in the case of perishable goods, or when there are other reasons of urgency, justified in the file.
b) When previously have taken place one or two auctions, and have been deserted.
c) in other cases where it is not possible to promote competition, for justified reasons in the record.
2. The procedure can also conclude with the award of the assets or rights to the person running, in the case of real estate or personal property accomplishable or artistic interest, historic or cultural, and have not been able to alienate in the second auction.
3. The minimum price of the direct award is: a) When the goods or rights have been the subject of a single auction bidding, the type of the first auction.
b) When the assets or rights have been the subject of two bids auction, the type of the second auction, whether it is real estate, and two-thirds of the type of the second auction, in the case of movable property.
c) When the property or rights have not been subject to auction, you have to try to get at least three quotes. If there are three or more offers, goods or rights are awarded to the person who submitted the best offer, which may not be less than fifty per cent of the assessment; If there are less than three offers, the award has been made, by the head down, by seventy per cent of the assessment.
Article 17 costs of implementation all costs that arise from the moment of the seizure until the completion of the procedure of execution are considered costs of execution, and they are required in the person executed.
Article 18 the embargo lifting 1. Once satisfied the amount that is subject to compulsory execution, by way of principal, interest and costs and also, where applicable in accordance with the applicable regulations, in concept of surcharges, the mayor or the competent court, or the saig or administration, you must lift the embargo on goods and rights not alienated.
2. the amount obtained as a result of the disposal of seized property or rights that exceeds the amount that is the subject of compulsory execution, by way of principal, interest and costs and also, where applicable in accordance with the applicable regulations, in concept of surcharges, must be delivered to the person being repossessed, saved that there are other subsequent liens. In this case, the said amount has been transferred or legally deposited, at the disposal of the judge or competent court, or of saig or of the Administration, who have practiced the embargo later. Are also at the disposal of the person being repossessed the property and rights that have not been sold in the procedure of execution and in relation to which it has not been practiced an embargo later.
3. When you lift the embargo on a well or particular law, and also in cases of paralysis that laid down in article 12, the mayor or the competent court, or the saig or administration, you must notify the persons or entities who have urged for retention money or anotin the embargo, in accordance with articles 7 to 11, so they aborted the instructions and annotations made.
Transitional provision. Seizures in progress this law is applicable to seizures made in the framework of the processes that discover and carry out the jurisdictional bodies, which have been instats after the entry into force of the law. However, the batlles and courts have to adapt to the prescriptions of this law, to the extent that this is possible, the seizures that practice as of the entry into force of the law, within the framework of instats processes above.
First final provision. Regulatory provisions
It empowers the Government to approve the statutory provisions that are necessary for the implementation, the effectiveness and implementation of this law.
Second final provision. Rating of the article 2.2 article 2.2, which has an impact on certain provisions of the law 15/2003, of December 18, qualified protection of personal data, has the character of law. The rest of the provisions of this law shall have the character of ordinary law.
Third final provision. Entry into force this law shall enter into force at the end of a month to be published in the official Bulletin of Andorra, without prejudice to the fact that the references to saig or to the Administration that they contain will not be applied until the day after the date on which the first essays take possession of its functions. The Government has published a notice in the official Bulletin of Andorra to make that date.
Casa de la Vall, 18 December 2014 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
François Hollande Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra
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