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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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DECREE NO 677
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
WHEREAS:
I.-That Article 32 of the Constitution of the Republic recognizes the family as the fundamental basis of society and imposes the duty to dictate legislation
necessary for its protection, integration, welfare and social, cultural and economic development;
II.-That, in accordance with Article 271 of the Treaty, it is an essential duty to harmonize, in particular with its provisions, secondary legislation, it is clear that this agreement is particularly necessary and indispensable in
family matter, as it is a regulation contained in the Civil Code dating back to the year of 1860;
III. It also appears to be an obligation that cannot be deferred, to harmonize domestic legislation in the family and minors, with that contained in the international treaties and conventions ratified, constitutionally of greater hierarchy the first, in order to avoid the possibility of the concurrency of
different rules on the same subject, subject to legal certainty and certainty; and
IV.-That it is appropriate to regulate in particular in family matters, the reference to minors and persons of the third age, with the exception of the special legal regime of minors referred to in Article 35 of the Constitution of the
Republic;
BY TANT,
in use of their constitutional powers and on the initiative of the President of the Republic through the Minister of Justice and the Deputies Raul Manuel Somoza Alfaro and Marcos Alfredo Valladares Melgar,
DECCRETA: the following,
FAMILY CODE
PRELIMINARY TITLE
OBJECT OF THE CODE
Art. 1. This Code establishes the legal regime of the family, minors and persons of the third age, and consequently regulates the relations of its members and of those with the society and with the state entities.
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The rights and duties regulated by this Code do not exclude those which grant and impose other laws on special matters and family solidarity.
CONCEPT OF FAMILY
Art. 2. The family is the permanent social group, constituted by marriage, non-marital union or kinship.
PROTECTION OF THE FAMILY
Art. 3. The State is obliged to protect the family, seeking its integration, welfare,
social, cultural and economic development.
GUIDING PRINCIPLES
Art. 4. The unity of the family, the equality of rights of men and women, the equality of rights of children, the integral protection of minors and others,
the third age and of the mother, when she is solely responsible for the household, are the principles which, in particular, inspire the provisions of this Code.
DISABILITABILITY AND INSELEABILITY
Art. 5. The rights established by this Code are indispensable, except for the legal exceptions, and the duties it imposes, inselectable; any statement to the contrary will be unwritten.
RIGHT TO CONSTITUTE A FAMILY
Art. 6. Everyone has the right to constitute his or her own family, in accordance with the law.
PROMOTION OF MARRIAGE
Art. 7. The State shall encourage marriage. The actions that they will carry out, will be coordinated through the Attorney General's Office; they will be oriented to the creation of bases.
firm for the stability of marriage and the most effective fulfillment of family duties.
INTERPRETATION AND APPLICATION
Art. 8. The interpretation and application of the provisions of this Code shall be in harmony with its guiding principles and with the general principles of Family Law, in the form of
It is better to guarantee the effectiveness of the rights established in the Constitution of the Republic and in the international treaties and conventions ratified by El Salvador.
INTEGRATION
Art. 9. Cases not provided for in this Code shall be settled on the basis of the provisions of this Code for similar situations; where it is not possible to determine in such a manner the applicable law,
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may be used in other laws, but always in the light of the nature of family law; failing that, the matter shall be resolved in accordance with the principles of family law and
in the absence of these, for reasons of good sense and equity.
EXTRATERRITORIALITY
Article 10.-The national, however, his residence or domicile in a foreign country, is subject to the provisions of this Code, as regards the state of the persons and the obligations and rights that
are born out of family relationships.
Minors and persons of the third age, of Salvadoran nationality, residing in the
abroad, they will also be subject to the provisions of this Code as regards their protection and assistance.
BOOK FIRST
CONSTITUTION OF THE FAMILY
TITLE I
THE MARRIAGE
CHAPTER I CONSTITUTION OF MARRIAGE
CONCEPT OF MARRIAGE
Art. 11. Marriage is the legal union of a man and a woman, in order to establish a
full and permanent community of life.
CONSTITUTION OF MARRIAGE
Art. 12. Marriage is constituted and perfected by the free and mutual consent of the contrayents, expressed to the authorized official, celebrated in the form and with the other requirements
established in this Code; it is understood to be contracted for the entire life of the contrayents and has effects since its celebration.
OFFICIALS AUTHORISED
Article 13.-Officials empowered to authorize marriages within the entire national territory
are the Attorney General of the Republic and the notaries; and within their respective territorial constituencies are the departmental political governors, the municipal mayors and the departmental auxiliary attorneys.
The Heads of Permanent Diplomatic Mission and the Carrera Consuls in the place where they are accredited may authorize marriages between Salvadorans, subject to the provisions of this Code.
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CHAPTER II IMPEDIMENTS AND SPECIAL RULES FOR MARRIAGE
ABSOLUTE IMPEDIMENTS
Article 14.-They may not marry:
1) Children under 18 years of age;
2o) Those linked by marriage; and
3o) Those who do not find themselves in the full use of their reason and those who cannot express their consent in an unequivocal manner.
By way of derogation from the provisions of the first paragraph of this Article, children under the age of 18 may be married if they are already a child, have a common child, or if the woman is pregnant.
RELATIVE IMPEDIMENTS
Article 15.-They may not marry each other:
1o) The relatives by consanguinity to any degree of the straight line or the brothers;
2o) The adopter and his or her spouse with the adopter or with any descendant thereof; the adopter with the ascendants or descendants of the adopter, or with the adopted children of the same adopter; and
3o) The sentenced person as the perpetrator or accomplice of the murder of the spouse of the other. If the offence referred to is pending, the conclusion of the
marriage until final judgment or final judgment is given.
SPECIAL RULE FOR THE GUARDIAN
Art. 16. The guardians may not marry their pupils, while the accounts of their administration have not been approved judicially and paid the balance that will result against them.
This prohibition extends to the ascendants, descendants and brothers of the keepers.
Guardians who infringe this prohibition or allow it to be infringed, will lose the remuneration
to which they are entitled, without prejudice to the liability in which they incur the performance of the charge.
SPECIAL RULE IN CASE OF NEW MARRIAGE
Art. 17. The woman whose marriage has been dissolved or annulled, may contract new nuptials, immediately that the respective sentence is enforced, provided that she finds that she is not pregnant.
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However, the provisions of this Article shall not apply where the spouses have been separated for more than three hundred days or the divorce has been decreed by absolute separation.
SPECIAL RULE FOR MINORS
Art. 18.-Those under eighteen years of age who under this Code may be married must obtain the express consent of the parents under whose parental authority they are to be found. If one of them is missing, the consent of the other will suffice; but both, the higher-grade ascendants
The next will be the calls to give it, preferring those with whom the child lives. In parity of votes, the favorable to the marriage will be preferred.
When the child is subject to guardianship and has no ascendancy, the consent shall be given by his guardian; and if he is an orphan, abandoned, or of unknown affiliation, he shall require the assent of the Attorney General of the Republic.
CAUSES JUSTIFYING DISSENT
Art. 19. The refusal of consent for a child to be married shall be justified only if any of the following causes are met in any of those who intend to contract:
(1a) Existence of any of the impediments or prohibitions for marriage;
(2a) a licensed life, or a passion for prohibited games or a hobby for the use of drugs, drugs or hallucinogens, or habitual drunkenness;
(3a) Having been deprived of parental authority, by sentence enforceable in criminal or family proceedings;
(4a) Padecer disease which endangers the life or health of the child or of his or her prole.
The assent may also be denied for not having any of the two current economic means for the competent performance of the responsibilities of the marriage.
Where the refusal is unjustified, the judge shall give the authorization to the child.
SANTION
Art. 20. Marriage concluded in contravention of the provisions laid down in Articles 16, 17 and 18 of this Code, shall make the authorising officer liable for the penalties laid down in the
laws of the field.
Where the offence is attributed to the notary or the contrayent of more than eighteen years of
age, the fine will be up to a thousand colons, which will be imposed by the judge upon having knowledge of the infringement.
CHAPTER III CELEBRATION OF MARRIAGE
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PREMARITAL ACT
Art. 21. Persons who intend to enter into marriage shall declare the marriage to the authorized official, who, after reading and explaining Articles 11, 12, 14, 15, 16, 17, 18, 41, 42, 48, 51 and 62 of this Code, shall receive them in the minutes, affidavit about their intention to contract it and that they do not have
Legal impediments are not subject to any prohibition.
The minutes shall include the name, age, family status, nationality, occupation or office,
the place of birth or place of birth of each of the contrayants, as well as the name, profession or office and domicile of their parents, the property regime if they have already agreed, the surname used by the woman when they marry, and where appropriate, the names of the the children who will recognize in the act of marriage.
Applicants shall present their identity documents and certificates of their birth certificates, which must have been issued within two months of the request,
adding the last to the marriage file, which starts with the indicated record.
IDENTIFICATION AND APPEARANCE OF MINORS
Art. 22.-Those under the age of eighteen who have no identity documents, if they are not known to the authorizing officer, shall be identified by two witnesses and shall appear
accompanied by those who must give the assent, which shall be recorded in the minutes referred to in the previous Article. The assent may also be entered in an authenticated public or private instrument to be added to the matrimonial file.
SPECIAL DOCUMENTS
Article 23.-The persons concerned, in their respective cases, must also submit to be added to the marriage file, the following documents:
1o) The legal instrument on which the average age is recorded;
2o) Certification of the departure of the death of the spouse;
(3) Certification of the departure of the divorce or of the enforceable judgment declaring the annulment of the marriage;
4. Certification of the birth certificates of the common children to be recognized;
5o) Medical constancy extended by a public health entity, with which it is found that the woman under the age of eighteen is pregnant, or that the woman who is to contract new nuptials is not, if it is found in the case of Article 17;
6o) Certification of the executed judgment that approves the accounts of the keeper and, where applicable, the receipt where the payment of the balance that has resulted against him is authentically recorded; and,
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7o) Legalized document where the special power for marriage is recorded.
MARKING FOR THE CELEBRATION
Art. 24.-Cercerado the official authorizing the legal aptitude of the contrayents and not
If any prohibition is contrary, it shall immediately proceed to the celebration of the marriage or shall agree with the persons concerned on the place, day and time for this, which shall be recorded in the pre-marital act.
Every day and hours are business for the celebration of marriage.
COMPLAINT OF IMPEDIMENTS
Article 25.-If any person reports any legal impediment or prohibition to marry, the authorizing officer will not proceed to his or her celebration and with news from the interested parties.
send the matrimonial file to the judge, in order to resolve the complaint.
WITNESSES AND SECRETARY
Art. 26. Marriage shall be celebrated with the participation of at least two witnesses over eighteen years of age, who know how to read and write the Spanish language and who are familiar with the contrayents.
No witnesses to the marriage may be the dements, the blind, the deaf, those convicted of crimes of falsehood, against the patrimony, or against the legal assets of the family, not rehabilitated, nor the relatives in the fourth grade of consanguinity or second affinity, or for adoption of any
of the contrayents or the authorising officer.
The Attorney General of the Republic, the Departmental Political Governors, the Mayors
Municipal and the Departmental Auxiliary Attorneys, will act with their respective Secretary.
CELEBRATION OF MARRIAGE
Art. 27. The act of the celebration of the marriage shall be public and the authorizing officer shall take care to give him the solemnity that he himself requires. He will start by letting the contrayants and witnesses know
the purpose of the meeting, shall make special mention of the equality of rights and duties of the spouses, of their responsibility to the children, and will urge the contrayents to preserve the unity of the family. Article 11, 12, 14, 15, 16, 17, 18, 36 and 39 shall be read on.
After completing the previous formalities and calling each one of the contrayents by name, he will ask if he wants to join in marriage with the other; to which the interrogators will answer "YES, WHY".
Received the consent of both contrayentes, the authorizing officer will direct the following words: " ON BEHALF OF THE REPUBLIC, THEY ARE SOLEMNLY UNITED IN MARRIAGE AND ARE OBLIGED TO KEEP FIDELITY AND TO ASSIST EACH OTHER IN ALL THE CIRCUMSTANCES
OF THE LIFE ", with which the act will end.
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INSTRUMENT OF MARRIAGE
Art. 28.-Everything acted in accordance with the previous article, shall be immediately entered in the Book of Matrimonial Proceedings to be carried by the authorizing officers or in the deed to be formalized by the notary; instruments to be signed by the spouses, the witnesses, the authorising officer
and the secretary concerned, if any, the interpreter.
The matrimonial instrument shall be entered in the matrimonial property regime which has been agreed
or in the absence of agreement on the same, the one that will be applied as a substitute; the surname used by the woman; and the recognition of the children procreated in common.
ACTS THAT FOLLOW THE CELEBRATION
Art. 29. The official shall deliver to the contrayents the certificate of the minutes and the notary
testimony of the deed, and shall place in the documents of personal identity of those a signed and sealed reason, in which it is recorded that they have contracted marriage, the name of the person with whom it contracted, and the place and date of its celebration.
A certificate of the marriage certificate or the respective deed shall be added to the marriage file.
Within 15 working days following the date of the marriage, the authorising officer shall forward to the person in charge of the Register of the State of the place where the person was held, if he himself is not certified, testimony of the writing, so that it nods immediately
the departure of the marriage, inscribe the patrimonial regime which has been agreed or which legally corresponds in his case and make the corresponding marginal annotations if the birth items of the contrayants are settled there. If they are settled elsewhere, they must be sent
within the same time limit to the corresponding person in charge of the Family State Register, another certification or testimony to practice the marginal annotation.
If children have been recognised, the authorising officer shall, within the same period of time referred to in the preceding subparagraph, send the person responsible for the register of the State of the place where the consignments of birth are located, certification or testimony, to be obtained from
conformity to the Law of the Name of the Natural Person.
MARRIAGE BY POWER
Art. 30. Marriage may be held by proxy with special power, granted
in public writing or in another authentic instrument, in accordance with the law of the place of grant, in which the name, nationality, family status, occupation or office, domicile or residence, place of birth of the other contracting party and the person concerned shall be expressed; any other data contributing to its full identification. Also
The general manager must be expressed.
The power to marry, shall also be understood to be conferred to grant the premarital act, to render the oath that in it is entered and, in general, to carry out any other
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the act or procedure required to hold it. To opt for the estate regime, to determine the last name that the woman will use and to recognize children, it will be required of special clause.
VALIDITY, RECALL AND WITHDRAWAL
Art. 31. The power to marry shall be valid for three months from the date of its granting.
The revocation of the power and the withdrawal of the power of his intention to marry will take effect since they are expressed in authentic form.
MARRIAGE IN ARTICLE MORTIS
Article 32.-The celebration of the marriage may be carried out without the certification of the certificates
referred to in Article 21, third indent, or the documents listed in Article 23, which are in imminent danger of death, provided that there is no ostensible impediment which makes it illegal and that the consent of the contracting parties. In writing or minutes
The circumstances of the marriage in imminent danger of death shall be recorded.
CONTRACTS THAT ARE NOT EXPRESSED IN SPANISH
Art. 33. When any of the contrayents do not understand the Spanish language, they will be assisted by interpreter for the celebration of the marriage and for the acts prior to the same, and the official
record what the interpreter expresses in Spanish. If the official and the witnesses understand the language of the contract, the interpreter may be dispensed with unless he or she prefers to do so. In any event, the contrayant will formulate in his own language a minute of what he expresses to the official, the
translate this or the interpreter into your case.
If one of the contrayents is only able to understand by specialized language, he must
to intervene, to assist in each of the acts mentioned, a person who understands it, and the interpretation of what the contrayente expresses, must be entered under oath in a minute.
The translations and minutes shall be added to the marriage file, and must be signed by the official, the contractor and the interpreter, if any.
GRATUITOUSNESS AND EXEMPTION
Article 34.-All proceedings, certifications and testimonies relating to marriage shall not cause
no charge.
The authorising officers shall not bear emoluments for the marriages they hold,
or for the proceedings to be carried out, except as provided for by special laws.
Notaries may earn conventional fees.
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SANTION
Art. 35. Officials who, without a fair motive, refuse to enter into a marriage or delay their celebration, shall incur the penalties laid down in the law of the Matter.
TITLE II
PERSONAL AND PROPERTY RELATIONS BETWEEN THE SPOUSES
CHAPTER I
PERSONAL RELATIONS
EQUAL RIGHTS AND DUTIES
Art. 36. The spouses have equal rights and duties; and for the community of life which they establish, they must live together, keep fidelity, assist in all circumstances, and be treated with
respect, tolerance and consideration.
The spouses ' duty to live together is not infringed, where they have to be separated to avoid serious harm to either of them or to their children, or when
special circumstances which benefit the interests of the family, which are qualified by common agreement, one of the spouses having to reside temporarily outside the common residence.
RESIDENCE AND OTHER DOMESTIC MATTERS
Article 37. The spouses shall jointly establish the place of their residence and shall regulate by common
all domestic matters.
FAMILY EXPENSES
Art. 38. The spouses must pay in proportion to their economic resources, the expenses of the family. If one of them does not have any goods or shall have any emoluments, the performance of the work
of the household or the care of the children shall be estimated as their contribution to such expenses, with the same meaning as the contributions of the other.
If one of the spouses, for non-compliance with the other, has been obliged to pay debts to cover the costs of the family, the latter shall be jointly and severally liable for payment. The judge, in this case, may moderate the amount of the costs, taking into account the living conditions of the family and the
reasonableness of the same.
COOPERATION
Article 39.-None of the spouses may limit the right of the other to carry out lawful activities or to undertake studies or to improve knowledge, and for this purpose cooperation and assistance must be provided, taking care to organise life in the home, such activities, further training or
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studies do not prevent the fulfilment of the duties imposed on them by this Code.
The work of the home and the care of the children, will be the responsibility of both spouses.
CHAPTER II ESTATE REGIME OF MARRIAGE
SECTION 1 GENERAL PROVISIONS
CONCEPT
Article 40-The rules governing the economic relations of the spouses with each other and with third parties,
constitute the patrimonial regime of marriage.
CLASSES OF SCHEMES
Art. 41. The property regimes that this Code establishes are:
1o) Separation of goods;
2o) Participation in earnings; and,
3o) Deferred Community.
SYSTEM OPTION
Art. 42. The contrayents may, before the marriage is concluded, opt for any of the property regimes referred to in the preceding article or to make a separate one which does not
the provisions of this Code. If they do not do so, they will be subject to the deferred community.
EFFECTIVENESS OF THE SCHEME
Art. 43. The patrimonial system will produce effects among the contrayents immediately after the marriage or since the capitulations are granted, and against third parties, from its
registration.
AMENDMENT OR REPLACEMENT
Art. 44. The spouses may by common agreement, and at any time, modify or replace the system which they have adopted, as well as the supply, prior to the process of dissolution and liquidation of the
existing arrangements, where applicable, which will have an effect between the spouses since it is amended or replaced, and against third parties since their registration.
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DISSOLUTION OF THE SCHEME
Art. 45. The property regime of the marriage is dissolved by the declaration of nullity or the dissolution of the marriage, by judicial declaration or by agreement between the spouses. It will take effect between the spouses immediately and in front of third parties from their registration.
PROTECTION OF FAMILY HOUSING (8)
Art. 46. SPOUSES, WHATEVER THE PROPERTY OF THE MARRIAGE, MAY CONSTITUTE THE RIGHT OF ROOM FOR THE FAMILY GROUP IN A GIVEN BUILDING, OR IN A PART THEREOF, IF IT IS AN EASY DIVISION. THE ENAJENATION AND
CONSTITUTION OF REAL OR PERSONAL RIGHTS ON THE PROPERTY THAT SERVES AS A ROOM FOR THE FAMILY NEEDS THE CONSENT OF BOTH SPOUSES, AND IT WILL BE POSSIBLE TO CARRY OUT ALWAYS AND WHEN IT BENEFITS DIRECTLY TO THE FAMILY GROUP, UNDER PENALTY OF NULLITY.
THE RIGHT REFERRED TO IN THE FOREGOING PARAGRAPH MAY BE CONSTITUTED IN PUBLIC DEED, OR IN THE ACT BEFORE HIM OR THE ATTORNEY GENERAL OF THE REPUBLIC,
AUXILIARY PROCURATORS, WHICH MAY BE DELEGATED BY THAT DELEGATION, OR BY FAMILY AND PEACE JUDGES. THESE INSTRUMENTS MUST BE ENTERED IN THE REGISTER OF THE ROOT PROPERTY AND MORTGAGES.
IF THE PROPERTY USED FOR THE USE OF FAMILY HOUSING IS TAXED, THE CONSTITUTION OF THE RIGHT OF ROOM SHALL HAVE ITS EFFECTS, BUT THE RIGHTS AND PRIVILEGES ARISING FROM THE MENTIONED CHARGES AFFECTING THE PROPERTY SHALL BE RESPECTED,
PROVIDED THAT THE PROVISIONS OF THE FIRST PARAGRAPH OF THIS ARTICLE, THE INSTRUMENT WHERE THE LIEN IS RECORDED, HAVE BEEN REGISTERED OR ARE PRESENTED FOR THAT PURPOSE IN THE REGISTER OF THE CORRESPONDING ROOT AND MORTGAGE PROPERTY,
INCLUSIVE IN THE CASE OF A PREVENTIVE ANNOTATION. THE REPLACEMENT OF THE PROPERTY CONCERNED SHALL ALSO BE EFFECTED BY MUTUAL AGREEMENT OF THE SPOUSES AND IN THE MANNER PROVIDED FOR IN THIS ARTICLE.
WHERE THE CONSENT OF ONE OF THE SPOUSES CANNOT BE OBTAINED, THE COURT OR THE JUDGE MAY, AT THE REQUEST OF THE OTHER, AUTHORISE THE DESTINATION, THE DISPOSAL, THE
CONSTITUTION OF REAL OR PERSONAL RIGHTS OR SUBSTITUTION, AS THE CASE MAY BE, IN THE INTEREST OF THE FAMILY GROUP. (8)
MARRIAGE HELD ABROAD
Art. 47. The spouses who will celebrate their marriage abroad and who establish their domicile
in El Salvador or have goods in the country, they will be able to opt for any of the property regimes established in this Code or any other, provided that it does not contravene the Salvadoran laws.
SECTION II SYSTEM FOR THE SEPARATION OF GOODS
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CHARACTERISTICS
Article 48.-In the system of separation of goods, each spouse retains the property, administration and free disposition of the goods which he or she has when he is married, of which he acquires during him any title and the fruits of some and other, except as provided for in Article 46.
CASES OF SEPARATION
Article 49.-There shall be separation of goods:
(1) Where the spouses have opted for this scheme; and
(2) Where the dissolution of the profit-sharing scheme, the dissolution of the deferred community or any other scheme of the same scheme is legally delayed.
community, and the spouses would not have opted for another scheme.
PRESUMPTION OF CO-OWNERSHIP
Article 50.-If it is not possible to ascertain which of the spouses is a property, it shall be presumed that they are co-owners by equal parties.
SECTION THIRD SCHEME FOR PARTICIPATION IN EARNINGS
CHARACTERISTICS
Article 51.-In the system of participation, each of the spouses acquires the right to participate
in the case of earnings obtained by a spouse, during the period in which the scheme has been in force.
ADMINISTRATION
Art. 52. Each spouse is responsible for the administration, enjoyment and free disposition of the goods that belonged to him at the time of his marriage, and of what he can acquire.
after any title.
PROINDIPVISION
Article 53.-If the spouses jointly acquire some good, they shall belong to them according to the rules of the proindivision.
JUDICIAL DISSOLUTION
Article 54.-The judicial dissolution of the scheme and its liquidation may be requested by one of the spouses in the following cases:
1o) For the insolvency or danger of insolvency in which the other has been incurred,
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2o) Where the other spouse is declared incapable, absent, bankrupt or tender of creditors or convicted of non-compliance with the family duties of assistance
economic,
3o) To carry out the other, acts or management acts that are fraudulent or that
irrogate damage or danger to your rights in profits; and,
4) If the other has abandoned it.
Either spouse can ask for the dissolution and settlement of the winnings, if both of them have been separated for six consecutive months at least.
In all such cases, it may be possible to apply for a preventive application of the application; and for the purposes of the judicial termination of the scheme, they shall take place from the date on which the application is made.
spouses and in front of third parties from the time of their registration.
DETERMINATION OF EARNINGS
Art. 55. The proceeds shall be determined by the differences between the initial and final assets of each spouse. If the result is positive in the two heritages, the spouse who has experienced the least increase in his/her, will be entitled to half of the difference between the two
increases.
Where only one of the assets has been increased during the existence of the scheme,
the holder of the other will be entitled to half of that increase.
INITIAL AND FINAL ASSETS
Art. 56. The initial patrimony is constituted by the assets belonging to each spouse at the beginning of the scheme and by those acquired after a free title, with deduction of the obligations
had at that time.
The final assets are the assets owned by the spouses at the time of their
the termination of the scheme, with deduction of the fixed obligations, plus the inclusions referred to in Article 58.
ESTIMATE OF THE INITIAL ASSETS
Art. 57. Goods constituting the initial patrimony shall be estimated according to the state and value
which they have at the time of the initiation of the scheme or, where appropriate, in accordance with the value they have at the time they are acquired.
INCLUSIONS TO THE FINAL ESTATE
Art. 58. The value of the final assets of each spouse shall include the assets of which the property was provided for free by act between the living. The value of the appropriations shall also be included
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that one of the spouses has against the other, for any title.
The above applies to acts verified by one of the spouses in fraud of the rights of the other.
ESTIMATE OF THE FINAL ASSETS
Art. 59. The goods constituting the final patrimony shall be estimated according to the state and value of the
they have at the time of termination of the scheme.
Goods which have been disposed of free or fraudulently shall be estimated in accordance with the state
the day of the disposal and the value they would have if they had been preserved until the day of the termination.
FORM OF PAY
Art. 60. The participation in the proceeds shall be paid immediately after the settlement of the scheme.
In the absence of an agreement with respect to the payment of the participation in the proceeds, the judge may award the goods to each spouse in order to cancel their share of participation in the profits and may at the justified request of the creditor order the sale in public auction of the property of the spouse
debtor, so that with your product the share of profit participation is cancelled.
FRAUD
Article 61. Where one of the spouses has carried out acts in fraud of the other's rights, he shall be liable for payment of the same in respect of his amount, and in addition if the acquirer has acted in bad faith, the act
will be null. SECTION 4
DIFERIDE COMMUNITY
PART 1 OWN GOODS AND COMMON GOODS
CHARACTERISTICS
Art. 62. In the deferred community, the goods acquired for consideration, the fruits, the income and the interest obtained by any of the spouses during the existence of the regime belong to both, and will be distributed in half by the dissolution of the same.
The community is deferred for being satisfied at the time of its dissolution, but it will be understood that the spouses have had it since the celebration of the marriage or since the constitution of the regime.
OWN GOODS
Art. 63. The following goods are the exclusive property of each spouse:
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1o) Those who are at the time of the establishment of the scheme;
2o) Those who will acquire during the duration of the scheme free of charge;
(3) Those who have acquired in place of any of the two in the two
Previous ordinal
(4) Those who acquire during the scheme for consideration, when the cause or title of
the acquisition has preceded the establishment of the scheme;
5o) Compensation for moral damages or material inferred in his or her person
own goods;
6o) The objects of strictly personal use;
(7o) The instruments necessary for the pursuit of the profession or trade of each spouse, provided they are not part of a joint undertaking or establishment; and
8o) Books relating to the profession or trade of each spouse, decorations and objects of a personal character with no commercial value, such as family memories.
BIENES IN COMMUNITY
Art. 64. They are goods in community:
1o) salaries, salaries, fees, pensions, prizes, rewards and other emoluments arising from the work of each of the spouses;
2o) fruits, incomes or interest which produce both the own and the common goods, deducted the costs of production, repair, conservation and fiscal charges; and
municipal;
(3) Those acquired for consideration by any of the spouses;
4) Those acquired as a result of random contracts, such as lottery, gambling, gambling;
(5) The increase in value, for whatever reason, of the property of any of the spouses;
6o) Buildings and plantations in own property made with funds from the common stock; and
7o) Companies or establishments constituted by one of the spouses, with property of the community.
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PRESUMPTION OF GOODS IN COMMUNITY
Art. 65. The existing assets held by any of the spouses are presumed in community, until they are proved to be their own property.
PART II OF THE COMMUNITY ' S BURDENS AND OBLIGATIONS
CARGAS
Art. 66.-They are burdens of the deferred community:
(1a) Family and educational expenses of the common children;
(2a) The costs of supporting and educating the children of one of the spouses only, when they live in the marital home; otherwise the expenses arising from these concepts will always be borne by the deferred community, but will give rise to reintegrated into the
the time of settlement;
(3a) Food that any spouse is obliged to supply by law to his or her ascendants;
(4a) Expenditure on the purchase, administration and enjoyment of common goods;
5 (a) the costs of the ordinary administration of the spouses ' own property;
6a) The expenses that will cause the regular exploitation of the business or the performance of the
work, employment, occupation or occupation of each spouse;
7a) the costs of establishing the common children to be paid by the parents;
and,
8a) The debts incurred by any of the spouses in the administration of the household.
OBLIGATIONS
Art. 67. In any case, the goods in the community shall be liable to the obligations of the spouses.
OBLIGATIONS TO COMPENSATE
Art. 68. The spouse who will take from the goods in community some sum to pay his debts
or personal obligations and, in general, the person who obtains personal benefit from such goods must compensate the community. The provisions of Article 61 shall also be observed.
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CONTRIBUTIONS IN MONEY
Art. 69. If one of the spouses has made contributions from his own funds, in order to satisfy the obligations of the deferred community, he shall have the right to be reintegrated by the latter, with the legal interests.
PART III ADMINISTRATION OF THE COMMUNITY
ADMINISTRATION AND DISPOSAL OF GOODS IN COMMUNITY
Art. 70. During the marriage each of the spouses has the free administration and disposition of the own and common goods.
PROVISION OF COMMON GOODS BY TESTAMENT
Art. 71. The spouses may have a probate of their respective shares in the common goods for universal purposes.
When a common good is disputed by a will, the provision shall, in the singular
all its effects if that good is credited to the quota part of the goods in community which has been reciprocated to the testador; otherwise, the value that he has in the time of the death of the deceased shall be understood.
PART FOURTH DISSOLUTION AND LIQUIDATION OF THE COMMUNITY
JUDICIAL DISSOLUTION
Art. 72. The deferred community is dissolved by judicial decision, at the request of one of the spouses, in any of the following cases:
(1) Where the other spouse is declared incapable, absent, bankrupt or tender of creditors, or convicted of non-compliance with the family duties of economic assistance;
2o) To carry out the other, acts or management acts that are fraudulent or that irrogate damage or danger to their rights in the community;
3o) If the other spouse has abandoned it, or is separated for six consecutive months at least.
In all these cases, the preventive action may be sought and the effects of the judicial termination of the scheme will be produced from the date on which the decision to delay the spouses and against the spouses is signed. third parties, from the time of their registration in the register
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respective.
EFFECTS OF DISSOLUTION
Art. 73. The dissolution of the deferred community system will have the following effects:
1o) The community of goods is created and, consequently, the administration and disposal of the goods in community correspond to the spouses;
2o) The assets and liabilities of the assets in the community are consolidated;
3) The usufruct that had the community deferred on the own property of each spouse is terminated; and,
4) The existing rewards and credits of the spouses of each other are required, and of these with the community.
LIQUIDATION
Art. 74. The deferred community shall be wound up, after the asset and liabilities are taken up.
If the spouses do not agree to the settlement, the settlement shall be conducted judicially.
ACTIVE
Article 75.-The asset shall comprise:
1o) The goods in community existing at the date of the dissolution;
2o) The updated amount of the value of the goods which have been illegally or fraudulently disposed of by one of the spouses; and
(3) The updated amount of the amounts paid by the community and which were carried out by a spouse only and, in general, those which constitute community claims against one of the spouses.
LIABILITIES
Article 76. The liability shall include:
1o) The existing debts borne by the community at the date of the dissolution;
2o) The updated amount of the value of the property of one of the spouses, when their refund is to be made, for having been spent in the interest of the community;
3o) The updated amount of the deterioration in the goods referred to in the
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ordinal ordinal, for their use to the benefit of the community;
(4) The updated amount of the amounts which one of the spouses has contributed from their own funds to meet the obligations of the community;
(5) The amounts constituting claims of the spouses against the community.
PAYMENT OF THE DEBTS OF THE COMMUNITY
Art. 77.-The liquidation shall be carried out, the debts of the community first paid, starting with the food, which in any case shall be preferred.
If there is not enough to pay for the others, the provisions of the Civil Code for the ranking of appropriations shall be observed.
CASH PAYMENT
Art. 78. The payment of the debts may be made in money, or by the award of common goods; but if any participant or creditor asks for it with a fair cause, they shall be carried out and paid with their amount.
COMPENSATION AND REFUNDS
Art. 79.-After the payment of the debts and charges of the community, the
compensation and reimbursement to each spouse, making the corresponding compensation when one of them is a debtor of the community.
HABER OF THE COMMUNITY
Art. 80.-The remnant that I will find after the deductions of the articles of the articles
This is the case for the deferred community, which will be divided by half between the spouses or their respective heirs.
PREFERENTIAL AWARDS
Art. 81. Each spouse shall have the right to be preferably included in his/her respective haber,
to the extent that:
1) Goods for personal use;
2o) The premises where he has been exercising his profession or office;
(3) Agricultural, commercial or industrial exploitation carried out with their personal work; and
4) Housing where they have their habitual residence, in the case of the death of the other spouse.
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FOOD DELIVERY
Article 82.-Of the common mass of goods, food shall be given to the spouses or to the survivor and to the children, for the duration of the liquidation.
SUPPLEMENTARY RULE
Art. 83.-In the absence of the inventory, valuation and sale of goods, division of the
The rules of the inventory, the partition and the liquidation of the estate shall be observed, in so far as they are applicable, the rules of the inventory, the partition and the liquidation of the estate shall be observed.
SECTION 5 MARRIAGE CAPITULATIONS
CONCEPT
Article 84-MATRIMONIAL PROPERTY AGREEMENTS CONCLUDED IN ORDER TO DETERMINE, AMEND AND REPLACE THE PROPERTY REGIME OF MARRIAGE, INCLUDING
THE CONSTITUTION OF THE RIGHT OF ROOM ON A GIVEN PROPERTY AND THE LEGAL SITUATIONS PROVIDED FOR IN ARTICLE 46 OF THIS LAW. (8)
Such conventions may be concluded before or after the contract of marriage, and may not
contain provisions contrary to this Code and other laws of the Republic.
FORMALITY
Art. 85. Marriage capitulations shall be granted in public deed, or in the minutes before the Attorney General of the Republic or the Departmental Auxiliary Prosecutors.
CAPITULATIONS GRANTED BY MINORS
Art. 86. Children who under this Code may be married may grant marriage certificates, but shall require the authorization of persons who must give the marriage agreement.
EXPIRATION OF STIPULATIONS
Art. 87.-Marriage capitulations will produce their effects from the conclusion of the
marriage, and shall be without value, if that is not concluded within the period of six months from the date of its granting
NULLITY OF CAPITULATIONS
Art. 88. The matrimonial property rights shall be null and void in the same cases in which the acts are
and declarations of will and, in addition, shall be those held in contravention of the provisions of Article 84 (2) and Article 85 (2).
SPECIAL POWER
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Art. 89. Marriage capitulations may be held by means of proxy with special power, granted in public deed, in which the clauses must be stated
which regulate the patrimonial regime of Marriage.
In the same way, the modification, replacement or termination of the scheme may be granted.
TITLE III
NULLITY AND DISSOLUTION OF MARRIAGE
CHAPTER I
NULLITY OF MARRIAGE
ABSOLUTE NULLITY
Art. 90.-They are causes of absolute nullity of marriage:
(1a) the person who has contracted to an unauthorized official;
2a) The lack of consent of any of the contrayents;
(3a) Where the contrayants are of the same sex; and,
(4a) The existence of any of the impediments identified by this Code,
except for the impairment of the age minority.
PROCEDURAL LEGITIMISATION
Art. 91. The absolute nullity of the marriage must be declared on its own initiative by the judge when it appears manifest within a process; and may be claimed by any of the contrayents,
by the Attorney General of the Republic, by the Attorney General of the Republic or by any interested person.
NULLITY BY MINORITY
Art. 92. The null marriage due to a minority is valid for the duration of the time that it is necessary for the contrayants to reach the age required by law to celebrate it, if being pubertal they have made life in common during that time. period, or if the woman has conceived.
RELATIVE NULLITY
Art. 93.-They are causes of relative nullity of marriage:
(1a) The error in the person of the other contractor;
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(2a) The physical or moral force sufficient to compel consent;
(3a) The lack or inability of the essential witnesses, or the absence of the Registrar in his case; and,
(4a) The minority of age;
NULLITY BY MISTAKE
Art. 94. The nullity by mistake in the person may only be requested by the person who suffered the error, and is healed for the course of three months from the day on which the knowledge of the
itself.
For the purposes of this article, the error in the person of the other contracting party shall be understood,
includes the one that falls on his or her physical identity or on some determining personal quality in the provision of consent to marry.
NULLITY BY FORCE
Article 95.-The nullity of the marriage contracted by the use of sufficient physical or moral force, whether it comes from the other contractor or from a third party, can only be ordered by the victim of the
force, and it is healed for the course of three months counted from the day the force ceases.
NULLITY FOR LACK OF WITNESSES OR SECRETARY
Art. 96. The nullity for lack of witnesses or of the secretary in his case, or the one founded on the inability of those, can only be alleged by the contrayents and is healed for the course of three months counted
from the day of the celebration of the marriage.
COMPENSATION
Art. 97. The contractor who is guilty of the nullity of the marriage shall be liable for any material or moral damages suffered by the contrayent in good faith.
NULLITY DECLARED ABROAD
Art. 98. The marriage which according to the laws of the country in which it was contracted could be annulled in it, cannot be annulled in El Salvador, but in accordance with the laws of El Salvador.
The declaration of nullity pronounced abroad, of a marriage celebrated in the Republic, will only produce effects in El Salvador, if it is founded on any of the causes referred to in Articles 90 or 93 of this Code.
SUBSISTING DUTIES AND RIGHTS
Art. 99. The nullity of the marriage does not relieve the parents of the duties they have for
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their children and shall not affect the rights of third parties who have engaged in good faith with the spouses.
EFFECTS OF THE JUDGMENT OF NULLITY
Art. 100. To determine who of the parents will be the personal care of the children
have been created in a declared void, set the amount with which the parents must contribute to the costs of raising and education of the children and other effects, the rules provided for in this Code for the cases of divorce will apply.
EFFECTS ON GOODS
Art. 101. The sentence of the annulment of the marriage shall take place in respect of the property of the spouses, the same effects provided for in the cases of divorce, without prejudice to the provisions of Articles 97 and 103.
CANCELLATION AND MARGINAL ANNOTATIONS
Art. 102. The judge shall give notice to the person in charge of the Registry of the Family State where the marriage party is seated, to cancel the marriage, and inform the official in charge of the marriage. Record of the Family State where the birth items of the contrayents are located, for the purpose of the annotations
Fringe of law.
EFFECTS OF A NULL MARRIAGE
Art. 103. The marriage celebrated with the solemnities that the law requires and whose nullity will be declared in the case of the Causal 4a. Article 90 and those referred to in Article 93 produce the same civil effects as the valid one; but it will cease to produce civil effects since the good faith is lacking.
of the spouses, only in respect of the spouses.
Where the nullity is laid down in the ordinal 2o. of Article 14 of this Code,
the civil effects it produces shall not include those relating to the property regime of the marriage.
Donations or promises that have been made by the other spouse due to marriage
(a) to whom he has married in good faith, the declaration of nullity of the marriage shall nevertheless remain.
CHAPTER II
DISSOLUTION OF MARRIAGE
CAUSES OF DISSOLUTION
Art. 104. Marriage is dissolved by the actual or presumed death of one of the spouses and the divorce.
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DIVORCE
Art. 105. Divorce is the dissolution of the marriage bond decreed by the judge.
GROUNDS FOR DIVORCE
Art. 106. The divorce may be decreed:
1) By mutual consent of the spouses;
(2) For the separation of the spouses for one or more consecutive years; and,
3) For the common life among the spouses is intolerable. It is understood that this is the case, in the event of serious or repeated non-compliance with the duties of marriage, bad
a notorious conduct of one of them or any other such serious event.
In the case of the previous ordinal the divorce may be requested only by the spouse who has not
participated in the acts or acts which gave rise to the plea.
SPECIAL ALIMONY
Art. 107.-Where the divorce and the spouse who has not participated in the events which gave rise to it are distrained or disabled in order to prevent him from working, or have been declared incapable and have no means of subsistence, sufficient, the divorce will be decreed
the payment of a alimony, which shall be fixed in accordance with the economic possibilities of the obligor and the special needs of the food; the general rules laid down for food shall be applied in other words.
DIVORCE BY MUTUAL CONSENT
Art. 108. The spouses who intend to divorce by mutual consent must sign an agreement, which shall contain at least the following clauses:
(1a) The determination of the spouse under whose personal care the children are subject to parental authority; and the system of visits, communication and stay that they have
agreed, so that the father or mother who does not live next to their children, relates to them;
(2a) Determination of the spouse on behalf of whom the children must be fed; or expression of the proportion to which each spouse will contribute for that purpose; indicating the basis for updating the amount of the food and
the actual or personal guarantees offered for payment;
(3a) Determination of the special alimony to be provided where appropriate;
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(4a) Expression of the spouse to whom the use of the dwelling and movable property shall be in household use; and
(a) the fixing of the basis for the liquidation of the marital estate where there is a community economic system or for the settlement of the earnings or the determination of the
compensatory pension, if any.
APPROVAL OF THE CONVENTION
Art. 109. The agreement shall be qualified by the judge, who shall approve it if the agreements adopted do not
violate the rights of the children and the spouses recognized in this Code, as regards
the provision of food, visits or other similar aspects. If, on the contrary, and after a joint hearing with the parties concerned, the judge may make the changes in the judgment, if before giving an opinion, the spouses have not submitted a new convention which is fair and legal.
AMENDMENT OF THE CONVENTION AFTER THE JUDGMENT
Art. 110.-Executed the judgment of divorce, if there is a substantial alteration of the circumstances under which the agreement was approved, it may be modified judicially, or by means of another agreement granted in the same way as the original, after approval by the judge, the formalities of the previous article should be followed.
CONTENTIOUS DIVORCE
Art. 111. In cases of contentious divorce, where there are children who are subject to parental authority, the spouses shall agree to whom the personal care of the children shall be the responsibility of the children, for whom they shall be fed or the amount to which this will contribute to each other, as well as the
of visits, communication and the stay of the children.
Such agreements shall be made manifest to the judge in a common hearing which shall indicate the effect;
to mediate between the spouses or to be in the interest of the children, the judge shall decide in the judgment in accordance with the provisions of Articles 216 and 217 of this Code.
THE JUDGMENT OF DIVORCE SHALL ALSO PROVIDE THAT THE SPOUSE OR SPOUSE WHO HAS BEEN ENTRUSTED WITH THE PERSONAL CARE OF THE CHILDREN SHALL BE RESPONSIBLE FOR THE USE OF FAMILY HOUSING, EVEN IF THE RIGHT TO A ROOM HAS NOT BEEN ESTABLISHED.
PREVIOUSLY; AS WELL AS ON THE USE OF THE MOVABLE PROPERTY FOR THE FAMILY SERVICE. IN THE EVENT THAT THE HOUSE INTENDED FOR FAMILY USE IS TAXED, THE COURT OR THE JUDGE MAY DETERMINE THE OBLIGATION TO PAY THE COSTS.
DEBTS, SEEKING IN ANY CASE THE WELFARE OF THE CHILDREN AND THE SPOUSE UNDER WHOSE PERSONAL CARE THEY ARE ENTRUSTED. IN THE CASE OF HOUSING, THE JUDGMENT SHALL BE GIVEN IN FAVOUR OF THE SPOUSE OR THE SPOUSE, IN TERMS OF A HOUSING FEE. (8)
If the divorce is delayed by the third ground of Article l06 and the facts which made life intolerable in common among the spouses, they constitute a cause of loss or suspension of the parental authority, in the judgment of divorce the judge decretara such loss or suspension.
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SUSPENSION AND MODIFICATION OF MEASURES
Art. 112.-The agreements of the spouses or the decisions prescribed by the judge in the judgment of divorce may be suspended or amended judicially when they are not fulfilled or have been repeated, or if the circumstances they have founded the failure would have changed substantially.
COMPENSATORY PENSION
Art. 113.-If the marriage is contracted under the system of separation of goods, or if there has been a community scheme its liquidation will result in negative balance, the spouse to whom the divorce will result in an imbalance involving a sensitive improvement in their economic situation, in
The Court of Justice of the European Court of Justice has held that the Court of First Instance, in its judgment of the Court of Justice of the European Court of Justice of the European Union,
In order to determine the amount of this pension and the basis of the update, account shall be taken of the arrangements made by the spouses, the age and the health of the creditor, the professional qualification and the likelihood of access to a employment, past and future personal dedication to the
family care, the duration of marriage and that of conjugal coexistence, collaboration with their work in the particular activities of the other spouse and the flow and economic means of each one.
In the same judgment, the guarantees will be fixed to make the compensatory pension effective.
The right to this pension is extinguished by ceasing the cause which motivated him, by contracting the new marriage creditor or by living with another person, for having committed a serious injury against him
debtor, or by the death of the creditor or debtor.
The pension is extinguished when the feeder: delivers goods, constitutes the right of usufruct,
use or room on certain goods, or give a total sum of cash to the food, if it is agreed by the persons concerned or the judge decides on the basis of the debtor's justified request.
PENSION DEPRIVATION
Article 114-In cases of divorce in which serious harmful conduct of a spouse is established
for the other, there shall be no entitlement to the payment of the compensatory pension prescribed by the preceding article.
EFFECTS OF THE JUDGMENT
Art. 115. The enforceable judgment that decrees the divorce will produce the following effects:
1o) The dissolution of the marriage bond, leaving the man in aptitude to marry, the woman being able to do the same if they have already elapsed three hundred
days counted from the date of dissolution of the marriage, have given birth or if she finds that she is not pregnant, or when the divorce has been decreed by the separation of the spouses, in whose cases she may marry, at any time;
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2o) The dissolution of the patrimonial regime that existed in the marriage; and,
3o) The other effects prescribed by this Code, relating to the personal care of children under age, the amount of food pensions, the system of visits and the other items mentioned in Articles 111 and 113 of this Code.
START OF EFFECTS OF THE JUDGMENT
Art. 116. The judgment that decrees the divorce will produce effects from the date on which it is executed; but it will not affect third parties in good faith but from the date of the registration of the divorce in the Register of the Family State.
Divorce does not exempt parents from homework for their children.
DIVORCE DECREED ABROAD
Art. 117. The divorce decreed abroad of those who have married according to the laws of El Salvador, will only produce effects in El Salvador, when the causality invoked is equal to or similar to those that this Code recognizes.
TITLE IV
THE NON-MARITAL UNION
SINGLE CONCEPT AND EXTENSION CHAPTER
Art. 118. THE NON MARITAL UNION WHICH REGULATES THIS CODE, IS CONSTITUTED BY A MAN AND A WOMAN WHO, WITHOUT LEGAL IMPEDIMENT TO MARRY EACH OTHER, MAKE LIFE IN COMMON FREELY, IN A SINGULAR, CONTINUOUS, STABLE AND NOTORIOUS FORM, BY
A PERIOD OF ONE OR MORE YEARS. (8)
The members of the union shall be known as the cohabitants or companions of life and shall enjoy
of the rights conferred upon them in this chapter. In addition, persons who are persons who are public and who meet the other requirements shall enjoy such rights, because of the existence of a child and some of them shall not have the age required to marry, or die before
complete the period of coexistence.
ESTATE SCHEME AND FAMILY EXPENSES
Art. 119.-Goods acquired for consideration during the union and their fruits, as well as
The rules of the Conditions of Participation in Earnings shall be applied to the goods which each survivor had at the initiation of the union.
In the case of family expenses, the living conditions shall be subject to the provisions of the
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Article 38.
PROTECTION FOR FAMILY HOUSING
Art. 120.-It shall be applicable to the building which serves as a room for the cohabitants and their family.
which Article 46 provides.
RIGHT TO HAPPEN
Art. 121. Each one of the cohabitants shall be called to the other's succession, in the same order as the spouses.
CIVIL ACTION
Art. 122. In the event of death, the surviving partner shall have the right to claim the civil liability, compensation for the moral and material damages suffered.
JUDICIAL DECLARATION
Art. 123. For the enjoyment of the rights conferred by the non-marital union, prior judicial declaration of its existence is required. Such a declaration shall result in the death of one of the
or the breakdown of the union.
Whenever it is necessary to prove the quality of the living, to make use of any of the
rights granted by this Code, that must be declared judicially.
CONTENT OF THE JUDGMENT
Article 124.-The declarative judgment of the existence of the union, in the cases of the first paragraph of the preceding article, shall determine:
1o) The date of commencement and termination of the union;
2o) The goods acquired by the cohabitants and the fruits of these must be established according to the Regime of Participation in the Gains Regulated in Art. 51 of this Code;
(3) The parentage of the children created during it, which has not previously been established;
(4) To whom, where appropriate, the personal care of the children subject to parental authority within the child's parental authority shall be the responsibility of the system of visits, communications and
stay of the same, so that the father or mother who does not live with them, relates to their children; and the amount of the alimony with which the other will have to contribute; and,
(5) WHOM THE USE OF MOVABLE AND MOVABLE PROPERTY SHALL BE THE RESPONSIBILITY OF
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FAMILY MEMBERS, IN ORDER TO PROVIDE PROTECTION TO THE PERSON OR THE SURVIVOR AND THE CHILDREN UNDER PARENTAL AUTHORITY, INCAPACITATED OR INCAPACITATED,
DISABLED OR DISABLED AND OTHER PERSONS WHO INTEGRATE THE FAMILY GROUP.
IN THE EVENT THAT THE HOUSE INTENDED FOR FAMILY USE IS TAXED IN THE SAME JUDGMENT, THE COURT OR THE JUDGE MAY DETERMINE THE OBLIGATION TO PAY THE DEBTS, IN ANY EVENT SEEKING THE WELFARE OF THE PERSONS CONCERNED.
CHILDREN AND THE SPOUSE UNDER WHOSE PERSONAL CARE THEY ARE ENTRUSTED. (8)
The certification of the judgment declaring the existence of the union must be registered in the
Registration of the Family State, and in other public records, as appropriate.
EXPIRY OF THE ACTION
Art. 125.-THE DECLARATION OF EXISTENCE OF THE NON-MARITAL UNION SHALL BE REQUESTED WITHIN THE FOLLOWING THREE YEARS FROM THE DATE OF RUPTURE OF THE SAME
OR THE DEATH OF ONE OF THE LIVING CREATURES, SO IT IS A PITY.
THIS ACTION MAY BE INITIATED BY ANY OF THE COHABITANTS OR THEIR HEIRS. (8)
INTEGRATION WITH OTHER LAWS
Art. 126.-The provisions of this Title should be without prejudice to what other laws may establish in favor of the cohabitants or companions of life.
TITLE V
THE PARENTESCO
CHAPTER
KINSHIP AND CLASSES
Art. 127.-Parentesco is the family relationship that exists between two or more people and can be by consanguinity, affinity or adoption.
PARENTAGE BY CONSANGUINITY
Art. 128.-Parentage by consanguinity is the one existing among people who descend from
other, or of a common ascendant.
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KINSHIP BY AFFINITY
Art. 129.-Parentage by affinity is the one between one of the spouses and the consanguineos of the other.
There is also kinship for affinity between one of the cohabitants and the consanguines of the other.
KINSHIP FOR ADOPTION
Art. 130.-Parentage by adoption is the one that originates, between the adopted, the adopters and the relatives of these, with the same effects as the blood-kinship.
DEGREES AND KINSHIP LINES
Art. 131. The proximity of kinship is determined by the number of generations.
The series of generations from a common ascendant form a kinship line.
Each generation constitutes a degree.
The line and grade are determined in the same way in any kinship class.
The line is straight, when people descend from each other, like that of the father with the son or the grandfather with the grandchild; and it is collateral or transversal, when people come from an ascendant
common, some of others, like that of the brothers, that of the uncle with the nephew and that of the cousins brothers.
EXTENSION OF KINSHIP
Art. 132. The kinship by consanguinity in the straight line is indefinite and in the collateral line is recognized up to the fourth degree; in the affinity, until the second.
The parentage by adoption operates in identical form to the consanguineum.
SECOND BOOK
PARENTAGE AND FAMILY STATUS
TITLE I
FILIATION
CHAPTER I
Article 1
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CONCEPT OF PARENTAGE
Art. 133.-The affiliation is the family bond between the son and his parents. Regarding the father, it is called fatherhood and respect for the mother, motherhood.
LINEAGE CLASSES
Art. 134.-The filiation may be by consanguinity or by adoption.
WAYS TO ESTABLISH PARENTHOOD
Art. 135. Fatherhood is established by law, by voluntary recognition or by judicial declaration.
WAYS OF ESTABLISHING MATERNITY
Art. 136. Maternity will be established even without the express recognition, with the test
the birth and identity of the child, without prejudice to the right of the mother to contest maternity in the event of false registration, in accordance with the provisions of Art. 196; and by judicial declaration.
FALSE PATERNITY OR MATERNITY
Art. 137. Fatherhood or maternity is false when a person passes through the father or mother of another, without being.
INEFFECTIVE FILIATION
Art. 138. A filiation shall be established, no later than the first shall be effective, unless it has been declared without effect by a court judgment.
RIGHT TO INVESTIGATE PATERNITY OR MATERNITY
Art. 139. The son has the right to investigate who his parents are. This right is transmitted
to the offspring of the child and is imprinted.
In this case, all test class is supported.
CHAPTER II
BLOOD LINEAGE
SECTION FIRST OF PATERNITY
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PART FIRST ESTABLISHMENT OF PATERNITY BY PROVISION OF THE LAW
PROVENANCE
Art. 140. Paternity is established by the Ministry of Law, when it is presumed or determined in accordance with the provisions of this Code.
PRESUMPTION OF PATERNITY
Art. 141. Children of the husband are presumed to be born after the celebration of marriage and
before three hundred days following its dissolution or declaration of nullity.
This presumption will also take place in the event of marriage annulment, even if the
good faith of both spouses.
However, the presumption laid down in this Article shall not apply where the spouses have
(a) a separate status for more than one year and the child is recognized by a person other than the parent.
PRESUMPTION OF PATERNITY IN CASE OF NEW MARRIAGE OF THE MOTHER
Art. 142.-If the mother has contracted other nuptials in contravention of the provisions of Article 17, the paternity of the child born after the new marriage shall be established in accordance with the following rules:
1a) The child is presumed to be the first husband if born within one hundred and eighty days after the second marriage; and,
(2a) The child is presumed to be the second husband, if born after one hundred and eighty days of the second marriage, even if the birth takes place within the
Three hundred days after the dissolution of the former.
PART II
OF VOLUNTARY RECOGNITION
FORMS OF RECOGNITION
Art. 143. The father may voluntarily recognize the son:
1o) In the child's birth, by supplying the data for registration as a parent. The name and other identity data of the person shall be entered in the consignment, who shall sign it if he or she is able to do so;
2o) In the public deed of marriage or in the act granted to the offices of the departmental political governors, Attorney General of the Republic and Municipal Mayors;
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3o) In the minutes before the Attorney General of the Republic or Departmental Auxiliary Prosecutors;
4) In public deed, even if the recognition is not the main object of the instrument;
5o) In testament; and,
6o) In writing or other legal acts. In such cases the judge must extend the
certifications to be requested by the interested parties.
RECOGNITION OF THE UNBORN CHILD AND THE DECEASED CHILD
Art. 144. The parent may recognize the child conceived and the deceased child by any means established in this Code that are applicable.
Recognition of the deceased child will only take advantage of their offspring.
SPECIAL ABILITY TO RECOGNISE
Art. 145. Children have the capacity to recognize their paternity, without the need for authorization or consent of their legal representatives.
PROVOKED RECOGNITION
Art. 146. THE CHILD WHO HAS NOT BEEN RECOGNIZED SHALL HAVE THE RIGHT TO BE SUMMONED BEFORE THE JUDGE TO TESTIFY IF HE BELIEVES TO BE. THE JUDGE MAY ORDER THE SCIENTIFIC, HEREDITARY, BIOLOGICAL AND ANTHROPOMORPHIC TESTS OF THE
ALLEGED FATHER. (3)
THE PREGNANT WOMAN WILL ALSO HAVE THE RIGHT TO THE MAN WHO HAS
CONCEIVED TO BE SUMMONED BEFORE THE JUDGE, TO DECLARE IF HE RECOGNIZES TO BE THE FATHER OF THE CREATURE THAT IS TO BE BORN. (3)
THE REFUSAL OF THE SUPPOSED FATHER TO APPEAR BEFORE THE JUDGE OR TO SUBMIT TO THE PATERNITY TEST SHALL BE CONSIDERED TO BE POSITIVE OF THE EXISTENCE OF A BIOLOGICAL LINK, WITHOUT PREJUDICE TO THE RIGHT TO CONTEST IT. (3)
WITHOUT PREJUDICE TO THE ACTION OF A JUDICIAL DECLARATION OF PATERNITY, THE MEASURES REFERRED TO IN THIS ARTICLE MAY ONLY BE PROMOTED FOR ONCE,
ALLEGED FATHER. (3)
IN THE PROCESSES OF FORCED PATERNITY RECOGNITION, IT WILL OPERATE FOR THE BENEFIT OF
FROM THE PLAINTIFF, THE REVERSAL OF THE BURDEN OF PROOF, BY WHICH, THE DEFENDANT SHALL BE REQUIRED TO PROVIDE THE EVIDENCE NECESSARY FOR THE RESOLUTION OF THE CASE. THE RESPONDENT ' S INACTIVITY OR OPPOSITION TO PROVIDE THE NECESSARY PROOF, WILL HAVE AS
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CONSEQUENTLY, THE LEGAL PRESUMPTION OF ASSIGNED PATERNITY, WHICH MAY BE CONTESTED ONLY IN THE TERMS PROVIDED FOR IN THIS CODE. (6)
IRREVOCABILITY
Art. 147. The recognition of paternity is irrevocable.
PART THIRD JUDICIAL DECLARATION OF PATERNITY
RIGHT TO DEMAND THE DECLARATION
Art. 148. The son not voluntarily recognized by his father, or whose paternity is not presumed according to the provisions of this Code, has the right to demand the judicial declaration of paternity.
JUDICIAL RECOGNITION OF PATERNITY
Art. 149. The paternity shall be declared by the judge when it results from the express or tacit manifestation of the intended father, his sexual relationship with the mother in the period of conception,
possession of the son's condition, or of other analogous facts of which the paternity is unambiguously inferred.
The paternity of the man who lived with the mother during the period of conception is presumed, except for the non-existence of biological nexus.
PATERNITY ACTION
Art. 150. The action of the judicial declaration of paternity corresponds to the son and if any
deceased, to their descendants, against the supposed father or their heirs, or against the curator of the lying estate. This action is prescriptible.
If paternity is declared, the mother and the child shall be entitled to claim compensation from the father for the moral and material damages to which he or she is in accordance with the law.
PART FOUR OF THE IMPEACHMENT OF FATHERHOOD
IMPEACHMENT BY HUSBAND
Art. 151. In the life of the husband, no one can challenge the paternity that is attributed to him by law, but the husband himself, proving that the son has not been able to be engendered by him; except in the case of the son's action when he exercises his right to investigate the paternity in accordance with the provisions of Articles 138 and 139.
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EXPIRY OF THE ACTION
Art. 152.-The action that the husband has to challenge the paternity of the son that passes by his, expires after ninety days counted from the one in which he had knowledge of the paternity that by law is attributed to him.
The residence of the husband at the place of the son's birth, will make it be presumed that he knew it immediately unless it proved that on the part of the mother there has been concealment of the birth.
If the time of birth is found by the absent husband, it shall be presumed that he knew it immediately after his return to the woman's residence, except in the case of concealment mentioned in the
precedent.
The time limit for this article is suspended due to the physical or mental impossibility of the husband of
be aware of the fact.
IMPEACHMENT OF THE HUSBAND ' S PATERNITY BY THIRD PARTIES
Art. 153.-If the husband dies before the end of the term granted to him by this Code in order to ignore the child, or before the child is born, they may challenge the paternity on the same terms as the heirs of the husband, his ascendants, even if they do not have any part in the succession, and all
another person to whom the intended paternity irrogates current prejudice.
This right shall not take place if the husband has recognised the child as his or her
of the means referred to in this Code.
This action expires after ninety days from the date on which the interested parties
they knew the death of the father, or in case he was gone, from the first decree of possession granted to his alleged heirs, or since they knew the birth of the son, if it happened after the father's death.
DEROGATION FROM NON-PATERNITY
Art. 154. If the persons concerned have been declared heirs without any contradiction of the intended child, they may object to the exception of non-paternity at any time when he or his heirs dispute their rights.
TREATMENT OF THE SON DURING THE TRIAL
Art. 155. During the trial the child shall be considered and treated as the husband, but the non-paternity shall be legally declared, the husband or any other claimant shall have the right to be compensated by the mother of any damage to the child. fatherhood has irrogated them.
CHALLENGE OF VOLUNTARY RECOGNITION
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Art. 156. The voluntary recognition of paternity may be challenged by the child, by the relatives of the parent and by those who have the current interest, proving that the child has not been able to
parent the recognizant. In relation to the child the action is imprinted.
EXPIRY OF THE ACTION
Art. 157. The ascendants of the father may not contest the recognition, after ninety days after the person in which they have knowledge of the act.
Other interested parties may not contest the recognition after three hundred days after the date on which they had an interest in it and were able to assert their rights.
ACTION FOR NULLITY OF RECOGNITION
Art. 158. The nullity of the voluntary recognition of paternity, due to the vices of the consent, must be requested by the person within the period of ninety days after the date of the process or the vice that invalidates it.
SECTION 2 OF MATERNITY
VOLUNTARY RECOGNITION
Art. 159. Voluntary maternity recognition may be carried out by any of the forms of voluntary paternity recognition.
The provisions of Article 145 are applicable in this case.
PRESUMPTION OF RECOGNITION
Art. 160. It is presumed that a woman has recognized a child as her own, when the name of the child appears in the birth certificate as a mother.
JUDICIAL DECLARATION OF MATERNITY
Art. 161. Where voluntary maternity recognition has not taken place, the child has the right to request the judicial declaration of the same.
Maternity shall be declared by the judge when the birth and identity of the child is proven in the process, or when it results from the express or tacit manifestation of the mother, or the possession of a state.
Articles 148 and l50 (b) are applicable in maternity judgments first.
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IMPEACHMENT OF MOTHERHOOD
Art. 162. Maternity may be challenged by false birth, or by impersonation of the intended child to the true.
They have this right:
1o) The child;
2o) The true father or mother, or both, to confer on the son or the descendants of the child, the family rights;
3o) The supposed mother to ignore the son who passes by her;
4th) The spouse of the alleged mother to disknowledge the son who passes by his; and,
5o) Any other person to whom the putative maternity is currently prejudiced in their rights
on the testamentary or abnecine succession of the alleged father or mother.
DEADLINES FOR IMPEACHMENT
Art. 163.-Persons designated in ordinal 3o) and 4o) of the preceding article shall not be entitled to contest maternity after one year, counted from the knowledge of the date on which the child was made to pass by. However, in the case of any new incompatible event
with the maternity of putative, may be challenged by the same persons during the period of ninety days counted from the knowledge of the fact.
The persons referred to in the ordinal 5o) of the preceding article may not contest the maternity, after 90 days after the date on which they are aware of the death of such father or mother, if they are present, or since their return, if are absent.
For the persons referred to in ordinal 1o) and 2o) of the same article, the action is imprinted.
PENALTY FOR FRAUD
Art. 164. None of those who have participated in the fraud of false birth or impersonation, shall use in any way the discovery of such facts, nor even to exercise on the son the rights of parental authority, or to demand it food, or to succeed him in his goods because of
death.
CHAPTER III
ADOPTIVE PARENTAGE
SECTION 1 COMMON PROVISIONS
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PURPOSE
Art. 165. The adoption is an institution of family and social protection, especially established in the best interests of the child, to provide it with a family that ensures their well-being and integral development.
The adoption of greater will be subject to the provisions of this Chapter in so far as it applies.
CLASSES OF ADOPTION
Art. 166. The adoption may be granted jointly or individually.
CONCEPT
Art. 167.-Adoption is the one by which the adopted, for all effect, becomes part of
the family of the adopters, as the son of the adopters, and he disengages in the total form of his biological family in respect of which no rights or duties will correspond to him. The matrimonial impediments that are established by this Code are in force.
SPECIAL GUARANTEE
Article 168-To ensure the best interests of the child and respect for his fundamental rights,
any adoption must be authorized by the Attorney General of the Republic and the Salvadoran Institute of Child Protection and decreed by the competent judge.
ANY CHILD OR CHILD DEEMED TO BE A SUBJECT OF ADOPTION MAY NOT LEAVE THE NATIONAL TERRITORY WITHOUT THE ADOPTION OF THE ADOPTION BY THE COMPETENT JUDGE. . (2)
JOINT ADOPTION AND INDIVIDUAL ADOPTION
Art. 169. Joint adoption is the one that is decreed at the request of both spouses and only they can adopt in this way. If the adopter is one, the adoption is individual. In this case, the adopter must use the two forenames of the adopter.
COMPLETION OF THE PARENTAL AUTHORITY AND THE SUPERVISION
Art. 170. The adoption puts an end to the parental authority or to the protection to which the child is subjected, as well as to his personal care; and gives the adopters the parental authority of the adopted.
When you adopt one of the spouses to the child of the other, you will not lose parental authority and share it with the adopter.
REQUIREMENTS FOR ANY ADOPTER
Art. 171. To adopt is required:
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1o) Being legally capable;
2o) Being over twenty-five years of age, except spouses who have more than five years of marriage; and,
3o) Poseer family, moral, psychological, social, economic and health conditions that evidence aptitude and willingness to assume parental responsibility.
BAN
Art. 172.-They may not adopt those who have been deprived or suspended from the exercise of parental authority.
AGE DIFFERENCE
Art. 173. The adopter must be at least fifteen years older than that adopted. In the adoption
This difference will be established with respect to the lower age adopter.
In the case of adoption by a single spouse, the difference must also exist with the spouse of the adopter.
The provisions of this provision shall have no effect in the case of the adoption of the child of one of the spouses.
CONSENT AND CONFORMITY
Art. 174. For the adoption of a minor the express consent of the parents to whose parental authority will be submitted.
Where the parental authority is exercised by minors, the consent must be given by them with the consent of their legal representative, or in their absence with the authorization
of the Attorney General of the Republic. The faculty of consent is inselectable.
In the case of the adoption of persons under guardianship or of orphans of father and mother,
abandoned, or of unknown filiation or children of parents whose whereabouts are ignored, the consent must be provided by the Attorney General of the Republic, by itself or by means of delegate specially empowered for each case.
The 12-year-old must also express his/her conformity with the adoption, even if he is the age indicated during the course of the procedure.
Once the resolution that decrees adoption, consent and conformity is signed, it is irrevocable, but before it can be retracted for justified reasons appreciated by the judge, who to resolve the fundamental principles of the adoption.
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EXISTENCE OF OTHER CHILDREN SEVERAL ADOPTIONS
Art. 175.-Does not oppose the adoption that the adopter has children, nor cease its effects because it overcomes or recognizes them.
A person may request that several adoptions be enacted through separate and successive procedures, and no further formalities may be initiated, until there is a firm judicial decision in the precedents. However, where two or more siblings are intended to be adopted, adoptions may be
be followed in a single procedure and will be sought to remain united.
COHABITATION TO ADOPT A PARTICULAR MINOR
Art. 176. When it is intended to adopt a minor who has made family life with his adopter, it must have lasted for at least one year. This period shall not be required if the adopter and the adopter
existtiere parentesco.
ADOPTION BY THE GUARDIAN
Art. 177. The guardian may not adopt his pupil until the accounts of his administration have been judicially approved and the balance that will be paid against him shall be paid.
CONSTITUTION AND IRREVOCABILITY
Art. 178.-The adoption is constituted after the sentence that the decree, which has been signed, is signed
is irrevocable.
NULATIONS
Art. 179. The adoption that is decreed is void:
1) By officials who lack competence in the field;
2o) Without consent or conformity, of any of the persons to whom
it is granted to them; or in the case of parental authority exercised by minors, without the consent or authorization of those prescribed in the second paragraph of Article 174;
(3) If the adopter is absolutely incapable;
4) Mediating force or fraud; and,
5o) Without the consent of the spouse of the adopter.
CONSEQUENCE OF OTHER INFRINGEMENTS
Art. 180. Violations of legal provisions not sanctioned with nullity shall not invalidate the adoption, but the official to whom they are attributable, or who under their responsibility are committed,
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shall incur a fine of five days ' pay for each infringement; in the case of an administrative officer, the fine shall be imposed on him by the judge who knew of the adoption and, in the case of the latter,
by the Superior Court in its case or by the Supreme Court of Justice, on the complaint of any interested party, any prior hearing of the alleged infringer.
ADOPTANTES
Art. 181. The spouses who have a stable household may be jointly adopted.
The age of each adopter may not exceed more than forty-five years for that of the adopter, but this limit will not prevent the adoption of the son of one of the spouses, that of a relative in the second
the degree of affinity or fourth degree of consanguinity of any of them, or of the child who has lived with the adopters for at least one year, provided that the judge considers that the adoption is appropriate for the adoptee.
ADOPTED
Art. 182.-May be adopted:
1.-Children of unknown parentage; abandoned or orphans of father and mother. It is considered abandoned, all minor in a situation of lack, which
affect their protection and integral training in the material, psychological or moral aspects, by action or omission;
2. minors who are under the personal care of their parents or other relatives, provided there are justified and justified reasons for the adopted, prudentially qualified by the judge;
3.-The elderly, if before they have been in the personal care of the adopter and exist between them affective bonds similar to those that unite children and
parents;
4.-The son of one of the spouses.
MARRIED INDIVIDUAL ADOPTER
Art. 183. The married individual adopter needs the consent of his or her spouse to adopt a child. Consent shall not be required where such spouse has been declared incapable, absent or presumed dead, or where the spouses have more than one year of being separated in absolute form
or divorced.
In the case of the preceding paragraph, the other spouse may subsequently adopt the child, if he meets
the requirements set out in this Code, where the adoption shall take all the effects of the joint action.
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SECTION SECOND ADOPTION BY FOREIGNERS
SPECIAL REQUIREMENTS
Art. 184. Non-domiciled foreigners to adopt a child shall observe the legally established procedure, and in addition to the general requirements, check the following:
1o.) Having at least five years of marriage;
2o.) Who meet the personal requirements to be required by the law of their domicile; and,
3o.) To ensure that a public or state institution for the protection of children or the family, of their domicile, is in the interest of the adoptee.
The adoption by foreigners will take place once the possibilities for adoption at local level have been exhausted, and preferably with citizens of the States with which the treaties have been ratified.
or conventions, international covenants on the subject.
ANY CHILD OR CHILD DEEMED TO BE A SUBJECT OF ADOPTION MAY NOT LEAVE THE NATIONAL TERRITORY WITHOUT THE ADOPTION OF THE ADOPTION BY THE COMPETENT JUDGE. (2)
TECHNICAL STUDIES
Art. 185.-Social, psychological and other studies to be submitted by foreign adopters, if carried out outside the country, must be carried out by specialists of a public or state institution, of the place of their domicile, dedicated to to ensure the protection of children or the family, or
professionals whose opinions are supported by an entity of such nature.
In any event such studies shall be classified by the institutions concerned in Art. 168 of the
Code. TITLE II
FAMILY STATUS
CHAPTER I
CONCEPT FAMILY STATUS CLASSES
Art. 186. The family state is the legal quality that a person has in relation to the family and by which the law attributes certain rights and duties to him.
The family status can be caused by marriage or parental bond.
In relation to marriage, a person may have any of the following family states:
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1o) Casado, who has contracted marriage;
2o) Widower, whose marriage has been dissolved by the death of his spouse;
3o) Divorced, the one whose marriage has been dissolved by divorce; and,
4) Soltero, who has not married or whose marriage has been cancelled.
In relation to kinship, a person may have family states such as father, mother, son, brother, uncle or nephew.
CHAPTER II REGISTRATION OF FAMILY STATUS
SECTION FIRST ORGANISATION AND OPERATION
OBJECT, CENTRAL REGISTER AND LOCAL REGISTERS
Art. 187. The Registry of the Family State is intended to register the facts and legal acts constituting, modifying or extinguishing the family status of natural persons, as well as
the preservation of the information contained therein.
There will be a Central Register of the Family State that will guide, coordinate and control the work
of all local records and will be responsible for the Central Archives of the State of the Family.
The local authorities to carry the Family State Register will be the Municipalities of the Republic.
ACTS AND ACTS INSCRIBABLE
Article 188.-In the Register of the Family State, the births, marriages, deaths, adoptions, divorces and other acts or legal acts of natural persons determined by the law shall be registered.
FAMILY STATUS ACQUIRED ABROAD
Art. 189. The marriages concluded in foreign countries to the Heads of Permanent Diplomatic Mission and Carrera Consular Mission, as well as the patrimonial regime of the marriage, shall be entered in the Central Register of the Family State.
The marriages of nationals held abroad to officials other than those mentioned in the previous paragraph, as well as the births and deaths of Salvadorans in
Foreign nationals shall be registered with the Consulate of El Salvador, which corresponds, on the basis of the legal documents issued by the competent authorities of the respective country, and the documents in the seat must be kept on record. is verified at the consular headquarters, proceeding in the other way as provided in the Organic Law of the Consular Service of the Republic of El Salvador.
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If the entries referred to in the preceding paragraph have not been made, the supporting documents from abroad may be submitted directly for registration in the office.
of the Central Register of the Family State, provided that they are duly authenticated, and in their case translated into Spanish.
OBLIGATION TO REPORT AND DEADLINE
Art. 190.-They have an obligation to appear at the offices of the Registry of the Family State
corresponds, to provide the necessary information of the facts or acts subject to registration, those persons to whom such acts or acts generate rights or duties, who must do so within the fifteen useful days following that in that they occurred.
This is without prejudice to the provisions of Article 29 of this Code.
TIME LIMIT FOR REGISTRATION AND PENALTIES
Art. 191.-The facts and legal acts subject to registration must be registered within the period
of 15 useful days, counted from the day following that in which the information or documents in which the data of the constituent facts of a family state are recorded, without any need for qualification, is kept in the office.
It shall incur a penalty laid down in the law of the matter, the keeper of the register who shall not practise the registration of a family state within the prescribed time limit.
The fine referred to in this Article shall be applicable by the superior of the person in charge of the State Registry, in accordance with the procedure prescribed by the law.
RESPONSIBILITY OF THE MANAGERS
Art. 192.-Those responsible for carrying out the Register of the Family State shall be responsible for the
damages to be caused to the persons concerned by the omission or inaccuracy of any inscription or marginalisation, by not settling it in legal form, by its falsification and by insertion of facts, circumstances or declarations prohibited by law; liability shall be for the untruths or inaccuracies which
committed to the certifications they issue, all without prejudice to criminal liability.
BACKGROUND ERRORS AND OMISSIONS NOT REMEDIED IN TIME
Art. 193.-The errors of substance and omissions which have the inscriptions, which are not to be remedied within the year following the date on which the consignment was settled, may only be rectified by virtue of the
of a court judgment or notarial action.
PENALTY FOR LACK OF NOTICE
Art. 194. The person who must give notice for any of the entries prevented in this title, shall not do so within the prescribed period, and the official or notary who has authorized a marriage or the recognition of a child and shall not refer within the term prescribed by
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the law, to the office of the corresponding Registry, the instrument in which the act granted for the purpose of its registration, incurs in the sanctions established in the law of the matter.
The fines referred to in this article shall be applied by the respective official of the Registry of the Family State, in accordance with the procedure laid down by the law of the matter.
SECTION 2
TEST OF THE FAMILY STATE
PREFERENTIAL TEST
Art. 195. The family state of married, widowed or divorced, and that of the father, mother or son, must
prove with the departure of marriage, divorce, birth and death, as the case may be.
AUTHENTICITY OF THE SEATS
Art. 196. The authenticity of the facts and legal acts are legally presumed, as shown in the corresponding entries, provided that they have been established in accordance with the law.
The records make faith, of the statements made by the persons who have supplied the data for the settlement of inscriptions, but they do not guarantee the veracity of these declarations
in neither of its parts.
Certificates of the enrollments extended in accordance with the law by the official
in charge, they make full proof.
However, the certification of the Register may be rejected by proving that the person to whom
the document concerned is not the same as the one intended to be applied, or the untruth of the declarations contained therein.
OMISSION OR DESTRUCTION OF INSCRIPTIONS
Art. 197. Where the registration of a family member's state has been omitted or destroyed, it may be
to be judicially declared to be in evidence of the facts or legal acts which originated it or the notorious possession thereof.
If the death of a person is omitted or destroyed, it may also be established judicially.
For such purposes, the person in charge of the Register of the competent Family State shall issue a record showing the omission or destruction.
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POSSESSION OF THE CHILD ' S FAMILY STATUS
Art. 198. The possession of the family status of a child consists of a set of facts that harmonically considered, demonstrate the affiliation of a person with his or her parent and the kinship of her with the family to which she belongs. In order to establish the possession of that state, it must be checked,
among other facts, that the father has treated the son as such, that he has provided for his upbringing and education, presenting him in that character to his relatives and friends, having these and the neighborhood of the place of residence of the recognized son that state, and lasted three years at least, except before the completion of the
this period has been passed on one or the other.
POSSESSION OF THE FAMILY STATE OF MARRIED
Art. 199. The possession of the family member's state of married consists in having treated the man and the woman as spouses and in that character to have been recognized by their relatives, friends and neighbors;
he must have held that possession for at least three consecutive years, unless before the end of the term, one of them has died.
In any case, it shall be established that the documents on which the marriage is held have been destroyed or lost.
CHAPTER III
REGISTRATION OF PROPERTY REGIMES OF MARRIAGE
OBJECT
Article 200.-In the Register of Matrimonial Property Regimes, the information relating to such schemes shall be kept and supplied, as well as
to their modification, replacement or extinction.
SUPPLEMENTARY RULE
Article 201.-The provisions of the previous chapter for the family state and its registration, shall apply in whatever way, to the Register of Matrimonial Property Regimes.
THIRD BOOK
OF NON-SUBSIDIARY RELATIONS
TITLE I
RIGHTS AND DUTIES OF CHILDREN
CHAPTER
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EQUALITY
Art. 202.-All children, whatever the nature of their affiliation, have the same rights and family duties.
DERACTS
Art. 203.-They are children's rights:
1o) Know who your parents are, be recognized by them and take their last names;
2o) To live in the heart of his family, without being able to separate them from their parents, but from legal causes;
3o) To receive from his parents: upbringing, education, protection, assistance and security; and,
4o) Inherit from his parents, on equal terms whatever their affiliation.
DUTIES
Art. 204. These are the duties of the children:
1o) Save your parents respect and consideration;
2o) Get them while in your personal care:
3o) To assist in all circumstances that require it, especially in the ancianness.
This obligation must be complied with in respect of other ascending persons, where they are not
parents; and,
4o) Contribute to family expenses, according to their possibilities, while living with their
parents.
OTHER RIGHTS AND DUTIES
Art. 205. The enumeration of the rights and duties mentioned in this title does not exclude the other recognized or established in international conventions, in this code and other laws of
the protection of minors and the protection of the elderly.
TITLE II
OF THE PARENTAL AUTHORITY
CHAPTER I
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GENERAL PROVISIONS
CONCEPT
Art. 206.-The parental authority is the set of powers and duties, which the law grants and imposes
to the father and mother over their children under age or declared incapable, to protect, educate, assist and prepare for life, and in addition, to represent and manage their property.
Son of a family is the subject of parental authority.
EXERCISE OF PARENTAL AUTHORITY
Art. 207. The exercise of parental authority corresponds to the father and the mother together, or to one of them only when the other is missing.
It shall be understood that the father or mother is missing, not only when he has died or has been declared dead as an alleged person, but when he is absent from the national territory, his whereabouts or
is not permitted.
Where the parents jointly exercise the parental authority, they may designate by common agreement who of them shall represent their minor or incapable children, and who shall administer their
goods. The respective agreement shall be granted in public deed or in the minutes before the Attorney General of the Republic or the Departmental Auxiliary Prosecutors.
Where the parentage of the child exists only in respect of one of the parents, the parent shall exercise parental authority. If it has been established with opposition from the other parent, the other parent shall not exercise the parental authority; however, the judge may, in the interests of the child, authorise it to be exercised, when in turn
the other parent.
ACTS OF ONE OF THE PARENTS
Art. 208. Acts performed in the exercise of parental authority by a parent, in situations of extreme urgency in consideration of uses or in special circumstances, shall be presumed to be
which have the consent of the other.
This presumption will not operate when the child needs to leave the country.
PARENTAL DISAGREEMENT
Art. 209. If disagreements arise in the exercise of parental authority, any of the parents may go to the judge, who will seek to compromise them, and if this is not possible, it will be possible to resolve without trial what is most appropriate to the child's interest.
If the disagreements are repeated or there is a serious cause for the exercise of the parental authority, the judge may give the total or part to one of the parents. This measure shall be valid for the period fixed by the judge, which shall not exceed two years.
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PARENTS UNDER AGE
Art. 210.-The parent and the minor mother shall exercise parental authority over their children, but the administration of the goods and the representation in acts and contracts related thereto,
be assumed by those who have the parental authority or the guardianship of the parents, who shall exercise it jointly. In case of disagreement the decision will be taken by a majority.
If those who have the parental authority, they incur frequent disagreements that seriously hinder the exercise of the administration and representation indicated, the judge at the request of the person concerned or the Attorney General of the Republic, appoint an administrator by observing the provisions
in the art. 277.
The rule above shall also apply if the guardian is not common to both parents.
If only one of the parents is minor, the eldest shall administer the goods and represent the child in the acts and contracts expressed.
CHAPTER II PERSONAL CARE
UPBRINGING
Art. 211. The father and mother must raise their children with care; provide them with a stable home, adequate food and provide them with everything necessary for the normal development of their children.
personality, until they meet their age majority. The care function should take into account the abilities, aptitudes and inclinations of the child.
IN THE CASE OF CHILDREN WITH DISABILITIES AND CHILDREN WITH DISABILITIES, THEY SHALL CONTINUE TO ENJOY THE RIGHT OF FOOD NECESSARY IN ACCORDANCE WITH THEIR CONDITION, PROVIDED THAT SUCH SPECIAL CAPACITY IS ACCREDITED TO THE LEGAL AUTHORITY.
COMPETENT. (7)
If the child reaches his/her age, he/she continues to study in good time as well as
in return, they must be provided with food until their studies have been completed or have acquired a profession or trade.
The father and mother will be obliged to take care of their children from their conception.
DUTY OF COEXISTENCE
Art. 212. The child under parental authority shall live in the company of his father and mother or with that of them who has it under his personal care. You cannot, without your permission to leave the home and if you do
The parents will be able to do so using the procedure laid down in the law, if necessary.
The above applies to the case where the personal care of the child has been entrusted by the parents or the judge to another person.
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MORAL AND RELIGIOUS TRAINING
Art. 213.-The father and mother will be given the formation of their children within the canons of morality, human solidarity and respect for their fellow men; they will foster in them the unity of the family and their responsibility as children, future parents and citizens.
The religious formation of the children will be decided by both parents.
EDUCATION
Art. 214. It is the duty of the father and the mother to educate and integrate their children integrally, to facilitate
access to the education system and guide them in the choice of a profession or trade.
If the child suffers from a physical or mental disability, parents should seek special education
and if you are disabled or disabled, you must also be rehabilitated. In any case, they will ensure their well-being, even if they have reached the age of majority. If the physical or mental deficiency prevents you from using yourself.
Where in the child's child there is a cause of incapacity and is reasonably expected to continue after reaching the age of majority, before he or she meets, the parents must apply for the corresponding declaration for the intended effects. in this Code.
CORRECTION AND GUIDANCE
Art. 215. It is the duty of the father and the mother to correct and moderately correct their children and to assist, if necessary, with specialized professionals or the services of a pedagogical orientation in charge of educational institutions or entities of protection of minors or the family.
If the child's behavior cannot be corrected by the indicated means, the parent or the mother may ask the judge to provide tutelary measures, who to decide, will order the studies
technical staff of the family group which it considers appropriate.
AGREEMENTS ON PERSONAL CARE
Art. 216. The father and mother must take care of their children. However, in situations of extreme urgency they may, by common agreement, entrust such care for the duration of the same person of their trust,
without for such reason to neglect their paternal duties; this faculty also has the father or mother who exclusively exercises the personal care of the son.
When parents do not live in common, they will be separated or divorced, the personal care of the children will have any of them, as agreed.
If no agreement is reached between the parents or the child's interest, the judge will entrust his personal care to the father or mother who best guarantees his welfare, taking into account his age and the circumstances of a moral, affective, family, The environmental and economic aspects of each case.
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The child shall be heard if he is over twelve years of age and, in any case, the Attorney General of the Republic, who shall base his opinion on technical studies.
If none of the parents is fit to take care of the child, the judge may entrust it to another person applying the provisions of Article 219 in this case.
WHENEVER THE JUDGE TRUSTS THE PERSONAL CARE OF THE CHILD OR THE CHILD, IT WILL FIX THE AMOUNT OF THE FOOD THAT THE PARENTS WILL HAVE TO CONTRIBUTE, ACCORDING TO THEIR
THE USE OF FAMILY HOUSING IN ACCORDANCE WITH ARTICLE 46 OF THIS LAW SHALL BE THE RESPONSIBILITY OF THE SPOUSE OR SPOUSE TO WHOM THE PERSONAL CARE OF THE CHILDREN IS ENTRUSTED TO THE SPOUSE OR SPOUSE. (8)
RELATIONS AND TREATMENT
Art. 217. The father and mother, even if they do not live with their child, must maintain with him the affective relations and the personal treatment that favors the normal development of his personality. Where necessary, the judge may regulate the time, mode and place required for this.
Those who have the personal care of the child shall not be able to prevent such relations and treatment, unless at the discretion of the judge they are contrary to the interests of the child. If the judge does not force it, the measures that best protect such interest will be taken.
Also have the right to communicate with the child the grandparents, relatives and other persons who demonstrate a legitimate interest, provided that this is not detrimental to physical and mental health
of the child.
ASSISTANCE
Art. 218. Parents must be morally and economically present to their children subject to parental authority, to be involved in child or criminal proceedings and to provide the expenses that
require your legal assistance.
CHILD ' S DISTRESS
Art. 219. In case of death, serious illness of his parents or when for any other cause the son will be helpless, the judge with the urgency of the case will temporarily entrust his care to
any of his or her grandparents and if this is not possible, he/she shall have recourse to a specialised entity.
The judge, in the choice of the person will prefer to the consanguineos of the nearest degree and in
special to the ascendants, taking into account the interest of the son.
CHILDREN ABSENT FROM HOME
Art. 220.-Whenever the child under parental authority or personal care, is absent from the home and is in urgent need and cannot be assisted by his or her parents or by any person under his or her personal care, the authorization of these for anyone to supply food to you.
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The person who supplies the supplies shall notify the parents as soon as possible or the person who has the personal care or the Attorney General of the Republic or Department Auxiliary Attorneys.
and you will have the right in that case, that the value of the supplied will be restored.
EXPENDITURE INCURRED BY CHILDREN
Art. 221. The costs incurred in carrying out the duties referred to in this chapter correspond to both parents in proportion to their economic resources, or to one of them by
Failure of the other.
If the child has own property or income, he or she must pay particular attention to his or her raising costs
and education and contribute to your family's expenses.
The grandparents are obliged according to their economic possibilities to assume the expenses of
breeding and other referred to in this chapter, where the parents lack the resources.
CRIMINAL LIABILITY
Art. 222. Parents who give up moral and material abandonment to their children, or cease to fulfil the duties inherent in the parental authority or abuse the right of correction, shall be liable in accordance with criminal law, without prejudice to the obligation to carry out the duties
that this Code and other laws establish.
CHAPTER III
LEGAL REPRESENTATION
REPRESENTATION OF CHILDREN
Article 223.-The father and mother who exercise parental authority shall represent their minor or incapable children and shall ensure that they have been preserved or defended. The father or
the mother to whom the personal care of the child has been entrusted by judicial decision shall have exclusively the legal representation of the child.
Except for such representation:
1o) Acts relating to the rights of the person and others to the child, according to the
the law and the conditions of its maturity, it can carry out itself;
2o) Acts relating to goods excluded from the administration of parents; and
(3) Where there are conflicting interests between one or both parents and the child.
LEGAL REPRESENTATION OF THE ATTORNEY GENERAL OF THE REPUBLIC
Art. 224.-The Attorney General of the Republic shall have the legal representation of the children orphans of father and mother or of unknown parentage, or abandoned, of the greatest incapable, of the
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children who, for legal reasons, have left the parental authority and for any reason they have no legal representative, while they are not provided with a guardian. It will also have it in the case of
ordinal 3o. of the previous article.
LEGAL REPRESENTATION OF THE ADMINISTRATOR
Art. 225. The person appointed in accordance with the rules of this title only to administer the property of the child shall have the legal representation of the child in the acts relating to the child's property.
CHAPTER IV OF THE ADMINISTRATION OF BIES
DILIGENCE IN ADMINISTRATION
Art. 226. The parents shall administer and care for the property of the children under their parental authority; they shall carry out all the ordinary administrative acts in order to preserve and make more productive such goods and shall be jointly and severally responsible. up to the mild fault.
PROPERTY THAT PARENTS DO NOT ADMINISTER
Art. 227. The parents shall not administer the goods acquired by the child for donation,
inheritance or legacy, where the donor or testator has expressly provided it, in which case the administration shall be in charge of the person designated by the donor or the testator and, failing that, by which the judge shall appoint.
If only one parent has imposed the ban, the administration shall be responsible for the other.
Neither the father nor the mother shall administer the goods which have passed to the child due to indignity or incapacity of the father or mother or both.
GOODS ADMINISTERED BY THE CHILD
Art. 228. The child shall administer the goods acquired with his work or industry, if he has already been fourteen years of age.
WAIVER OF INVENTORY OR CAUTION
Art. 229. Parents shall not be obliged to invent the goods they administer. However,
they must bear a circumstantial description of these assets since they begin to administer them.
Nor shall they be required to provide conservation and restitution. However, when
the administration of the child, the judge, or at the request of the child or of the Attorney General of the Republic or of the relatives of the child until the fourth degree of consanguinity, may require caution and dictate the measures which it considers necessary for the security of the goods or to appoint another administrator.
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NEED FOR JUDICIAL AUTHORISATION
Art. 230. The parents may not transfer the domain of the child's personal and physical property, including those acquired with their work or industry, or mortgage their assets or acquire credits, without prior authorization from the judge, who only the give when the need or the manifest utility is credited
of the operation.
IF THE JUDICIAL AUTHORIZATION IS TO SELL, THE SALE WILL BE MADE IN PUBLIC AUCTION
AND THE PRICE OF THE SAME SHALL NOT BE LESS THAN THE VALUE WHICH THE EXPERTS ASSIGN TO THE GOODS. (9)
The sale of movable property, the value of which does not exceed one thousand colons, shall not require judicial authorization. Nor shall the lease of the goods be required, be it of the class which they are; but the term of the lease shall not exceed three years, nor shall the one which is missing for the child to comply with the majority of the
age, except as provided by special laws.
MANAGEMENT OF FUNDS FROM DISPOSAL
Art. 231. Parents must invest the proceeds of the sale or the amount of the credit in what the judge authorizes and the balance, if any, deposit it immediately in a credit institution in favor of the child and use it for the best appropriate to this, all of which will check the Attorney General
of the Republic.
Parents who will use the proceeds of the sale or the amount of the credit at different ends of the
They shall be responsible in accordance with the law and shall indemnify the child for any damages caused to him.
SPECIAL BANS
Art. 232. Parents may not repudiate a donation, inheritance or legacy in favor of the child, if not
is with judicial authorization, or accept a legacy that has been deferred to him, but with the benefit of inventory.
In no case may they bind the child as a co-debtor or guarantor.
DESTINATION OF THE FRUITS
Art. 233. The fruits of all their property belong to the son. If the parents have insufficient or insufficient economic resources, they must bear the fruits of the goods they administer,
the sums necessary for the child's raising and education costs and if he is living with them, also for the costs of the family.
When the administration is exercised by another person, the person must deliver to the parents or to those who have the personal care of the child, the part of the fruits necessary for the purposes indicated.
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REMUNERATION FOR ACTS OF ADMINISTRATION
Art. 234.-The father and the mother who exercise a complicated or difficult administration, or who demand permanent attention, shall be entitled to receive an economic remuneration to be fixed by the judge, taking into account the amount of the managed goods and care or effort
that requires your administration.
DEPRIVATION OF ADMINISTRATION
Art. 235.-The father and the mother shall be deprived of the administration of the child's property, when they are guilty of wilful or gross negligence, in which case the administration shall be exercised by the person
name of the judge. If only one of them is to blame, the other will retain the administration.
ADMINISTRATION BY THIRD
Art. 236. The administrator appointed in accordance with the rules of this title shall be subject to the duties and prohibitions imposed on the parents for the administration of the child's property, and in addition,
will have the faculties and duties of the tutors.
AUTHORISATION OF THE PARENTS OR THE ADMINISTRATOR
Art. 237.-The child of the family, outside the case referred to in Article 228 of this Code, may not hold any act or contract without the authorization of the parents or the person who in his absence exercises the administration; if he does, it shall not be required but up to the benefit it has reported
of them and shall respond with the goods which they have acquired through their work or industry.
The acts or contracts which the son of the family shall hold with the consent of his parents or the person
the administration, or which they ratify, shall directly bind the parents or the administrator and subsidize the child, up to the benefit of the benefit that the child has reported.
ADMINISTRATION OF THE GOODS TO BE BORN
Article 238.-The parents or the mother, if appropriate, shall administer the goods which may be
they shall belong to the unborn child, with the same powers and restrictions imposed in this chapter, as applicable.
CHAPTER V EXTINCTION, LOSS, SUSPENSION AND EXTENSION OF PARENTAL AUTHORITY
CAUSES OF EXTINCTION
Art. 239.-The parental authority is extinguished by the following causes:
(1a) For the actual or presumed death of the parents or the child;
(2a) For the adoption of the child, except in the case of the second indent of Article 170;
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(3a) For the marriage of the child; and,
4a) For having met the son the majority of age.
CAUSES OF LOSS
Article 240.-The parent or both shall lose parental authority over all their children, for any of the following reasons:
1a.) When they corrupt any of them or promote or facilitate their corruption;
2a.) When they abandon any of them without justified cause;
3a.) When they incur any of the conduct referred to in Article 164; and,
4a.) When they are convicted as perpetrators or accomplices of any criminal offence committed in any of their children.
CAUSES OF SUSPENSION
Art. 241. The exercise of parental authority shall be suspended from the father, or the mother or both,
for the following reasons:
1a) By habitually mistreating the child or allowing any other person to do so;
2a) For alcoholism, drug addiction or notorious immorality that endangers health,
the child's security or morality;
(3a) For suffering from mental illness; and,
4a) By absence of justification or prolonged illness.
JUDGMENT OF THE COURT
Article 242-The loss and suspension of the parental authority shall be decreed by a court judgment, at the request of any consanguine of the son, or of the Attorney General of the Republic or by the judge of trade. In the judgment of suspension, the judge may order, as the case may be, that the father or mother
to whom the parental authority is suspended is subject to psychopedagogical or medical treatments, in order to facilitate its healing or regeneration.
If the loss or suspension of parental authority is delayed against one of the parents, the latter shall be fully exercised by the other, but if both parents are deprived or suspended such authority, a guardian shall be appointed as set out in the Article 299 of this Code.
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PRECAUTIONARY MEASURE
Art. 243. While the judgment of loss or suspension of parental authority is dealt with, the judge may order the exclusion of the family of the father or mother that has given rise to the application and may decide to take care of the child to any of his or her Next of kin, or in default, a reliable person
and in the absence of each other, the child's income to a protection entity, seeking in any case the most convenient for him.
RECOVERY OF PARENTAL AUTHORITY
Art. 244.-The parental authority may recover when the causes which gave rise
to the suspension, or when the regeneration or healing of the father or mother is tested.
EXTENSION AND RESTORATION OF PARENTAL AUTHORITY
Art. 245.-Notwithstanding the provisions of Article 239 of this Code, the parental authority shall be extended by the Ministry of Law if the child has been sick.
declared incapable before reaching the age of majority.
The parental authority shall be restored to the oldest child who has not founded a family.
Parental authority carried over or re-established shall be exercised by the parents to whom the child is a minor, and shall be extinguished, lost or suspended for the reasons
set out in this Chapter, as applicable.
PERSISTENCE OF ECONOMIC DUTIES
Art. 246. The loss of parental authority or the suspension of its exercise does not exempt parents from the fulfilment of the economic duties imposed on them by this Code for their children.
FOURTH BOOK
FAMILY ASSISTANCE AND GUARDIANSHIP
TITLE I
THE FOOD
CHAPTER
CONCEPT
Art. 247.-They are food the benefits that allow to satisfy the necessities of sustenance, room, dress, conservation of the health and education of the food.
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SUBJECT OF THE FOOD OBLIGATION
Art. 248.-They must reciprocally food:
1o) The spouses;
2o) The ascendants and descendants; up to the second degree of consanguinity; and,
3o) The brothers.
FOODS TO PREGNANT WOMEN
Art. 249.-As defined in this Code, every pregnant woman has the right to demand food from the father of the child, throughout the period of pregnancy and the three months
following delivery, including labor costs.
FOOD WITH SEVERAL TITLES
Art. 250.-The person who has several titles to order food, may only make use of one of them, and must first require the spouse and, in his absence, the alimentant who is with the food in the nearest degree of kinship.
PLURALITY OF FOOD
Article 251.-Where two or more foodstuffs have the right to be fed by the same person and the resources of the same person are not sufficient to pay all, they shall be in the following order:
1o) The spouse and the children;
2o) To the ascendants and to the other descendants; up to the second degree of affinity and
fourth of consanguinity;
3o) To the brothers.
However, the judge may distribute the food on a pro rata basis in accordance with the circumstances of the case.
PLURALITY OF FEEDERS
Article 252.-When two or more persons are obliged to give food for the same degree, the payment of the same shall be proportional to the economic capacity of each person; however, in case of urgent need the court may require only one of the feeders to which it provides
in their entirety, without prejudice to the right of the latter to require the parties to pay them. In the judgment, the amount of the amount that will be paid to each one will be established, the sentence will have an executive force.
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ENFORCEABILITY
Art. 253.-The obligation to give food is required since the food is needed, but must be from the date of the demand.
SOLVENCY OF THE PROVISION OF ALIMONY
Art. 253-A.-EVERY NATURAL PERSON OVER EIGHTEEN YEARS OF AGE FOR THE PURPOSES OF EXTENSION OR RENEWAL OF PASSPORT, DRIVER ' S LICENSE, CARD OF MOVEMENT AND LICENSE FOR THE HOLDING AND CARRYING OF FIREARMS, AS WELL AS FOR HIRING
OF COMMERCIAL LOANS, IT MUST BE SOLVENT OF THE OBLIGATION TO CONSTITUTE THE RIGHT OF ROOM ON A PROPERTY FOR THE FAMILY HOUSING, OR IN ITS ABSENCE, OF THE QUOTA FOR HOUSING AND FOR ANOTHER PART OF THE PROVISION OF FOOD; DETERMINED IN THE
FIRST CASE, IN ACCORDANCE WITH ARTICLES 46 AND 111 OF THIS LAW, AND IN THE SECOND CASE ON THE BASIS OF A JUDICIAL OR ADMINISTRATIVE DECISION OR AGREEMENT CONCLUDED WITH THE ATTORNEY GENERAL OF THE REPUBLIC OR OUTSIDE IT, AS THE CASE MAY BE. THE OFFICE
COMPETENT PRIOR TO THE EXTENSION OF SUCH DOCUMENTS SHALL VERIFY THE SOLVENCY OF THIS OBLIGATION. (4) (8)
THE SOLVENCY REFERRED TO IN THE PRECEDING PARAGRAPH SHALL BE CONFIRMED BY THE
THE ATTORNEY GENERAL OF THE REPUBLIC, WHO MUST ADMINISTER THE CORRESPONDING REGISTRATION, MUST UPDATE AND CONSOLIDATE IT WITH THE NECESSARY PERIODICITY TO GUARANTEE ITS EFFECTIVENESS AND AVOID ANY VIOLATION OF RIGHTS. FOR THIS END,
THE OFFICE OF ATTORNEY GENERAL OF THE REPUBLIC SHALL MAINTAIN SUCH REGISTRATION IN LINE WITH THE OFFICES RESPONSIBLE FOR EXTENDING THE DOCUMENTS INDICATED IN THE PREVIOUS PARAGRAPH. (4)
FOR THE PURPOSES OF THE REGISTRATION, THE FAMILY COURTS AND THE COURTS OF PEACE SHALL PROVIDE THE INFORMATION CORRESPONDING TO THE OFFICE OF THE ATTORNEY GENERAL OF THE REPUBLIC, WITH THE PERIODICITY THAT IT DETERMINES. (4)
IN THE EVENT OF A FAILURE OF THE COMPUTER SYSTEM OF THE REGISTRY, THE ATTORNEY GENERAL OF THE REPUBLIC SHALL ENSURE THE PROVISION OF THE SERVICE IN MENTION WITH MEASURES
ALTERNATE OR PARALLEL BACKUP SYSTEMS THAT ARE NECESSARY. (4)
FOR THE PURPOSE OF OBTAINING THE SOLVENCY WHICH EXEMPTS THE OBLIGATION TO CONSTITUTE THE
RIGHT OF ROOM ON A BUILDING FOR FAMILY HOUSING, THE PRESENTATION OF THE CERTIFIED COPY OF THE INSTRUMENT OF INCORPORATION REGISTERED IN THE REGISTER OF THE ROOT PROPERTY AND MORTGAGES, AS REFERRED TO IN ARTICLE 46 OF THE PRESENT
LAW, OR STAY UP TO DATE ON THE PAYMENT OF THE HOUSING FEE AS PROVIDED FOR IN ARTICLE 111 OF THE SAME LAW. (8)
THE OFFENCE PROVIDED FOR IN THIS ARTICLE WILL MAKE THE OFFICIAL OR EMPLOYEE LIABLE IN THE CORRESPONDING CRIMINAL SANCTIONS. (4)
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PROPORTIONALITY
Art. 254. Food shall be fixed by each child, without prejudice to the persons established in Art. 251 of this Code, in proportion to the economic capacity of the person who is obliged to give them and the need for those who ask them. Account shall be taken of both the personal status of both and the obligations
family of the feeder.
PROVISIONAL FOODS
Art. 255.-While the obligation to give food is vented, the judge may order that they be given
provisionally since a reasonable basis has been provided for this, without prejudice to its refund if the person who is required to obtain an absolute judgment. There shall be no right of return against which the application has been tried in good faith.
ADVANCE PAYMENT AND SUBSEQUENT PAYMENT
Art. 256.-The maintenance of the alimony will be paid monthly in advance and succession, but the judge, according to the circumstances may point out quotas for shorter periods. For the heirs of the food, there shall be no obligation to return what has been received in advance for food.
PAYMENT IN KIND
Art. 257. The payment of the maintenance obligation may be authorized, in kind or in any other form, where the judge's prudential judgment has grounds to justify it.
IMMIGRATION RESTRICTION
Art. 258.-THE COURT OF FAMILY, PEACE OR ATTORNEY GENERAL OF THE REPUBLIC
AT THE REQUEST OF A PARTY, IT MAY ORDER THAT A PERSON LIABLE FOR THE PAYMENT OF PROVISIONAL OR DEFINITIVE FOOD, BY JUDGMENT, ADMINISTRATIVE DECISION OR AGREEMENT, MAY NOT LEAVE THE COUNTRY UNTIL IT HAS PREVIOUSLY BEEN REQUIRED TO DO SO.
THE RESOLUTION BY WHICH THE IMMIGRATION RESTRICTION IS ORDERED MUST BE ISSUED WITHIN 24 HOURS OF THE FILING OF THE APPLICATION. (4)
THE FOREGOING PARAGRAPH SHALL ALSO APPLY TO THE PERSON WHO FAILS TO CONSTITUTE THE RIGHT OF RESIDENCE FOR A FAMILY DWELLING OR WITH A RESIDENCE
THE PAYMENT OF THE HOUSING FEE, AS THE CASE MAY BE, IN THE TERMS SET OUT IN ARTICLES 46 AND 111 OF THIS ACT. (8)
DURATION AND AMENDMENT OF A FOOD PENSION
Art. 259. The foods that are due by law are understood to be granted throughout the life of the food, provided that the circumstances that legitimized the demand persist.
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The alimony may be modified if the food needs to be changed or the economic potential of the food is changed.
INALIENABLE AND INALIENABLE
Art. 260. THE RIGHT TO ASK FOR FOOD IS INALIENABLE AND UNRENOUNTABLE, BUT OVERDUE FOOD PENSIONS MAY BE COMPENSATED. (10)
The obligation to give food shall not be liable to compensate the food for which it owes it.
PRESCRIPTION
Art. 261.-THE RIGHT TO CHARGE THE OVERDUE FOOD PENSIONS IS
IMPRESSIONABLE. (10)
INEMBARGABILITY
Art. 262.-The alimony is its totality is exempt from embargo.
CONVENTIONS BEFORE THE ATTORNEY GENERAL OF THE REPUBLIC AND RESOLUTIONS
Art. 263.-The agreements on foods concluded between the feeder and the fed to the Attorney General of the Republic or the Departmental Auxiliary Prosecutors will be enforceable.
The resolutions of the Attorney General's Office, which fix food pensions, will also be enforceable.
PREFERENCE AND RETENTION OF WAGES
Art. 264.-Food pensions shall be of preference in their entirety and when they affect wages, salaries, pensions, allowances or other forms of emoluments or employee benefits
or public or private workers, shall be made effective by the restraint system, without taking into account the restrictions on embargability laid down by other laws. The ordered retention must be immediately complied with by the person in charge of making the payments and, if not complied with, will be jointly and severally
responsible with the obligation to pay the unretained food quotas, without prejudice to the criminal liability in which he incurs for his disobedience.
The sending of the retentions must be done by the person in charge, within three working days of the payment of the respective salary.
FOOD QUOTAS ARE A MATTER OF PUBLIC ORDER. (5)
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PREVENTIVE ANNOTATION OF THE CLAIM
Art. 265. The preventive annotation of the demand for food in the corresponding register may be requested.
The judge shall order it to be aware of the existence of goods or rights entered in favor of the feeder, in any public record.
EFFECTS OF THE ANNOTATION
Article 266-The preventive annotation of the application annuls any subsequent disposal of the same
and its effects will last until the cancellation is ordered by judicial decree.
However, there shall be no nullity in the disposal if it is verified by auction or award
The Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union, of the Court of Justice of the European Union
CANCELLATION
Art. 267. The judge shall order the court of officio to cancel the preemption of the application when the defendant is acquitted or is presented by the feeder sufficient guarantee to cover the pension.
food fixed by judicial decision, for all the time that it will be necessary for the food minor to reach the age of majority, or for a period of not less than five years to the persons established in Art. 248 of this Code.
Such cancellation shall also be made where the amount of sufficient money for the payment of the food is entered for the same periods as the previous subparagraph.
DOLO AND FALSEHOOD
Art. 268. In case of dolo for obtaining food, they shall be jointly and severally obliged to the restitution and compensation of damages, all who have participated in it.
The falsehood in which the feeder has incurred, its employer, chief or officer responsible for making the retentions, in order to conceal or alter the true income of the former, will make them incur
criminal liability.
LOSS OF ENTITLEMENT
Art. 269.-Perdera the right to order food:
1o) He who has committed a crime against the legal goods of the feeder;
(2) The person who has lost the parental authority; and
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(3) The father or mother who has been suspended in the exercise of parental authority, except where the cause of the suspension is caused by dementia or prolonged illness
of the feeder, but the loss shall be limited to the period in which such an exercise is suspended; and,
(4) Where the food is physically or morally maltreated by food;
CESSATION OF THE OBLIGATION
Art. 270. The obligation to give food shall cease:
1) For the death of the food;
2o) When the food, due to its infirmity or vices, is not dedicated to work or study with
benefit and performance, and can do so;
3o) When the food is no longer needed;
(4) Where the feeder, for the purposes of giving them, is in a position to disregard his or her own food requirements, or those of other persons having preferential duty, in respect of the feeder; and,
5o) When the food is physically and morally maltreated by food;
VOLUNTARY FOOD ALLOCATIONS
Art. 271.-Voluntary allowances made in a will or by donation between
and the facts before the Attorney General of the Republic shall be governed by the will of the testator or donor and the respective agreement, provided that they do not contravened the provisions of this Code.
TITLE II
THE GUARDIANSHIP
CHAPTER I PROVISIONS PROVISIONS
CONCEPT
Article 272.-The guardianship or guardian is a charge imposed on certain persons in favor of minors
of age or incapable of parental authority, for the protection and care of their person and property and to represent them legally.
The protection of the married minor shall be limited to the administration of his assets and to the representation in acts and contracts related thereto.
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The persons who exercise the guardianship are called guardians or guarders; and the subjects to it are placed or tutored.
COMPULSORY
Article 273-They are obliged to carry out the protection of the child or the relatives who are fully capable.
In the absence of relatives of the child or incapable person, any person who meets the legal requirements may exercise the charge.
CLASES
Art. 274.-The guardianship may be testamentary, legitimate or dative.
It is testamentary that which is constituted by a testament; legitimate, which is conferred by the law; and dativa, which the judge confers.
PLURALITY OF TUTORS
Article 275.-As a general rule the guardianship shall be exercised by a person; however they may
shall be exercised when the testator has so disposed; or the judge shall consider it appropriate to the interests of the pupil.
PLURALITY OF PUPILLOS
Article 276.-When a number of siblings are submitted to the guardian, a single guardian shall be appointed for all
they, unless it is in the interest of them to appoint different guardian to each other. The same rule applies in the case of spouses under age.
Two or more persons may also be placed under the same protection, provided that they include the indivision of the assets. Divided the heritages, they are considered as many tutfabrics as heritages.
SUITABILITY OF THE GUARDIAN
Art. 277. The appointment of a guardian shall be the responsibility of the person for his or her personal conditions and his relations with the child or incapable of being the most suitable for him. As a general rule, it shall be ensured that the guardian and pupil are of the same sex.
SPECIFIC TUTORS
Article 278.-When there is a conflict of interest between pupils subject to the same protection, the judge will provide them with specific tutors for the attention and termination of the conflict, which will be terminated.
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When the conflict takes place between the guardian and the pupil, the representation of this will be the responsibility of the Attorney General of the Republic and the Departmental Auxiliary Prosecutors.
REQUIRED PROVIDENCES
Article 279.-While the name of the guardian is not given or the position is not discerned, the judge, either on his own initiative or at the request of the Attorney General of the Republic or Departmental Auxiliary Prosecutors, shall make the necessary arrangements for the care of the child or and the security of their assets.
HEARING FOR MINORS
Art. 280. Children who have already served twelve years of age shall be heard prior to the appointment of a legitimate or dative guardian, or to the discernment of the position with respect to the testamentary guardian.
If the child shows that the person to exercise the guardianship is not suitable as provided for in Article 277, the judge shall make the investigations that he considers appropriate and, if he considers it
He will hear the Attorney General of the Republic, after which he will make the appointment, or he will dismiss the position, or leave without effect the appointment of the testamentary guardian, all if the benefit of the child so requires.
APPOINTMENT OF AN ASSET MANAGER
Art. 281.-The one who disputes goods for free in favor of minors or incapable, subjects
A guardianship may condition the liberality, that the goods are not administered by the guardian, but another person who designates the effect. In such a case, the judge, after hearing the Attorney General of the Republic or the Assistant Attorney General, shall authorize the acceptance of the liberality, except
that is inconvenient to the interests of the child, to accept it in the terms in which it is made.
Where acceptance is authorised, if no person has been assigned to the administration or
She will not accept the position or is not suitable, the judge will make the appointment.
RULES APPLICABLE TO ASSET MANAGERS
Art. 282.-The administrators of certain goods of a minor or incapable, shall be subject to the provisions relating to the guardians, in whatever applicable.
JUDICIAL REVIEW OF THE PROTECTION
Art. 283. The protection shall be exercised under the supervision of the judge, who shall act ex officio, at the request of the Attorney General of the Republic or the Department of Departmental Auxiliaries, or of any interested party. The judge may establish in the judgment by which the guardianship is discerned, or in another
the monitoring and control measures which it considers appropriate for the benefit of the pupil.
It may also at any time require the guardian to report on the situation of the tutoring and the state of administration.
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CHAPTER II
SPECIAL PROVISIONS FOR EACH CLASS OF GUARDIANSHIP
SECTION FIRST GUARDIANSHIP TESTAMENTARIA
RIGHT TO APPOINT GUARDIAN
Art. 284.-They may appoint guardian by will:
1o) The father or mother for the children who are under their parental authority;
2o) Grandparents, for grandchildren who are subject to their tutelage; and,
(3) Any other person, for the minor or unable to whom he or she is an heir or a legator.
Where parents exercise parental authority, or where the grandparents exercise joint custody, the appointment of a guardian by any of the parents or grandparents who dies shall only be effective.
SUBSTITUTE TUTORS
Art. 285.-When the testator appoints several tutors to replace each other, and shall not fix the order in which they are to exercise the protection, the judge shall appoint among them the most suitable one, in accordance with the criteria laid down by him. Article 277 of this Code.
TRANSFER OF THE PROTECTION
Art. 286. If a legitimate or dative guardian is in exercise, the testamentary shall be submitted immediately, unless the judge decides otherwise in the interest of the tutoring.
SECOND LEGITIMATE PROTECTION SECTION
PART FIRST LEGITIMATE PROTECTION OF MINORS
PEOPLE CALL
Art. 287.-In the absence of a testamentary tutelage, the legitimate one.
They are called to the legitimate protection of minors, in the order in which they are stated:
1o) Grandparents;
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2o) The brothers;
3o) The uncles; and,
4th) The brothers cousins.
The judge may change the order before, or dispense with it, where there are justified reasons.
RELATIVES OF THE SAME DEGREE
Art. 288. Where there are two or more relatives of the same degree, the judge shall appoint a guardian between
they are the most suitable in accordance with Article 277.
GUARDIAN FOR MARRIED MINORS
Art. 289.-Notwithstanding the order of appeal referred to in Article 287, in the case of a married minor shall be entitled to his legitimate guardian, first of all his spouse, if he is more
of age, without prejudice to the provisions of the final paragraph of that Article.
Where both are minor, the provisions of Article 276 of this Code shall apply.
SECOND LEGITIMATE PROTECTION OF DISABLED ELDERLY PERSONS
BUDGETS FOR THE PROTECTION OF THE ELDERLY
Art. 290. The elderly shall be subject to guardianship when they are declared unfit and provided that they are not under extended or re-established parental authority.
PEOPLE CALL
Art. 291.-They are called to the legitimate guardianship of the elderly disabled, in the order
next:
1o) The spouse;
2o) Children;
3) Parents;
4) Grandparents;
5o) The brothers;
6o) The uncles; and
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7o) The brothers cousins
For the appointment of the guardian, the provisions of Article 277 of this Code shall apply.
DISABILITY
Art. 292.-No one can be declared incapable but by judicial judgment, by virtue of causes
The law and the intervention, in his defense, of the Attorney General of the Republic or Departmental Auxiliary Prosecutors.
CAUSES OF INCAPACITY
Art. 293. These are causes of incapacity:
1a) Chronic and incurable mental illness, even if there are lucid intervals and,
2o) The deafness, except that the deaf can understand and understand undoubted.
AUTHORISATION FOR DETENTION
Art. 294. The detention of an alleged mentally ill in psychiatric facilities shall require prior judicial authorization, unless it is necessary for a serious urgency to take such a measure, in which
the holder of the center who will accept the internment shall immediately account to the judge, and to the family of that or his representative if they are known, and in any case to the Attorney General of the Republic or Departmental Auxiliary Prosecutors, the penalty for incurring liability on the
mentioned holder.
ACTS AND CONTRACTS OF THE MENTALLY ILL
Art. 295.-The acts and contracts of the mentally ill, after the declaration of incapacity, are null, even if it is claimed to have been executed or celebrated in a lucid interval;
the contrary, the acts and contracts executed or concluded before the decree of incapacity, are valid, unless to prove that the one who executed them or celebrated was then mentally ill.
DISABILITY OF MINORS
Art. 296.-The minors may be declared incapable, at the request of those who exercise
the parental authority or the guardianship, or the Attorney General of the Republic or Departmental Auxiliary Prosecutors, when it is reasonably expected that the cause of incapacity will persist after the age of the majority. This declaratory shall have the purpose of the extension of the full right
of the parental authority or of the guardianship.
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EXTENSION OF THE PROTECTION
Art. 297.-The guardian of the minor incapable will continue in full right in the performance of the position, after having reached the pupil of age.
REHABILITATION
Art. 298.-The incapable of mental illness may be rehabilitated, if it appears that it has
the reason permanently recovered.
It may also be rehabilitated to the deaf, when it has become capable of understanding and giving
to understand without doubt, if I will ask for it.
SECTION III
GUARDIANSHIP
APPOINTMENT OF GUARDIAN
Art. 299.-In the absence of legitimate guardianship, the dativa takes place. The judge shall appoint a guardian to the person who fulfils the conditions set out in Article 277 of this Code.
Anyone who has received an abandoned or abandoned child will be preferred in the appointment of a guardian, provided that he meets the legal conditions.
OBLIGATION TO PROVIDE A GUARDIAN
Art. 300.-The judge of officio, shall provide a guardian to the minor or incapacitated who does not have it, in
the knowledge of the fact by any means.
The Attorney General of the Republic or Departmental Auxiliary Prosecutors,
because there are no minors or unable to save.
CHAPTER III
GUARDIAN ' S INABILITY, EXCUSES AND REMOVAL
SKILLS
Art. 301.-They cannot be tutors:
1o) The minors and the incapable;
2o) Those sentenced to any custodial sentence, while they are in compliance with the
conviction, and those prosecuted for any offence which makes it a matter of course that they do not properly perform the protection;
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(3) Those who have been removed from another guardianship, or who have not obtained the approval of the accounts of their administration or have not paid the balance to be paid in
their counter;
(4) Those who observe immoral conduct or suffer from disease or vice that may be
endanger the health, safety or morals of the child or the child;
(5) The declared bankruptcy or contest;
6o) Those who have pending litigation of their own or their spouse or life partner, their ascendants, descendants, or spouse or survivor of any of these, against
the minor or incapable;
7o) Those who have lost parental authority or have been suspended in
the exercise thereof, or have been deprived of the administration of the goods of the children;
(8o) the creditors or debtors of the minor or incapable, by amount appreciable in relation to the goods of these, at the discretion of the judge, unless with knowledge of the debt or credit, they have been appointed by a will;
9) The blind; and the deaf when they cannot be understood;
10o) Those who do not have their domicile in the Republic;
11o) Those who have significant conflicts of interest with the minor or incapable; and,
12o) The enemies of the parents and the ancestors of the minor or incapable.
EXCUSES
Art. 302.-May be excused from the tutelage:
(1) Those who have another guardianship of their office, except in the case of brotherly pupils;
2o) Those over 60 years of age;
(3) Those who have three or more children under their parental authority;
(4) Those who, because of their limited resources, are unable to attend the post without prejudice to their subsistence;
5o) Those suffering from chronic illness which prevents them from fulfilling the duties of the post; and
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6o) Those who have to leave the Republic for more than six months or do so repeatedly.
As long as the excuse is resolved, the one who has proposed it will be obliged to exercise the charge, unless the judge resolves otherwise in the interest of the pupil.
SANCTION FOR THE TESTAMENTARY GUARDIAN
Art. 303. The testamentary guardian who will be excused from the post shall lose all that has been assigned to him in the will.
CAUSES OF REMOVAL
Article 304.-They shall be removed from the guardianship:
1o) Those to whom, after discernible the charge, they overcome any of the inabilities listed in Article 301 of this Code;
2o) Those who perform the charge with negligence, ineptitude or infidelity;
3) Those who promote or promote corruption or crime of the pupil;
4) Those who maltreat or abandon the tutelage;
(5) Those who have knowingly committed an inaccuracy in the inventory;
6o) Those who are absent from the place of their domicile for more than six months; and
7o) Those who fail to fulfil serious or repeated obligations under the charge.
SANCTION OF THE LEGITIMATE GUARDIAN
Article 305.-The legitimate guardian who is removed from the guardianship shall lose the right to succeed
The abutate is bridged.
CHAPTER IV
EXERCISE OF THE TUTELAGE
DISCERNMENT OF THE POSITION
Art. 306. The guardian shall not enter to exercise the position, but after the judge has discerned it. Discernment will be marginalized in the birth of the pupil. No guardianship can be discerned
without having fulfilled all the requirements that this Code requires for its exercise. However, it may be discernible that the inventory and guarantee faction and the guarantee constitution have not been met for the sole purpose of representing the tutoring in judgment, but the keeper shall not be conferred until he or she complies with the requirements.
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INVENTORY AND VALUE OF GOODS FROM THE PUPIL
Article 307.-The guardian shall initiate the proceedings of the inventory and approval of the goods of the minor or incapable, within eight days of the acceptance of the charge. The inventory must be carried out in accordance with the provisions of the Civil Code, within a period not exceeding 30 days, with
Intervention of the Attorney General of the Republic or of the Departmental Auxiliary Attorney, if any. The previous period may be extended by the judge, according to the circumstances.
In no case shall the guardian exempt from this obligation be the guardian of this obligation.
ADMINISTRATION OF ADMINISTRATION
Article 308.-Practiced the inventory and the guarantee, the guardian shall constitute a guarantee of administration, except that it has been relieved of this obligation by the testator.
GUARANTEE FOR OVER-COMING CAUSE
Art. 309.-When after the discernment of the guardianship, over-come or is discovered cause to make compulsory the course, it will be made to know to the judge the own guardian, or the Attorney General of the Republic or the Auxiliary Attorneys Departmental, for the purpose of constituting the guarantee.
COVERAGE OF THE GUARANTEE
Article 310.-The security shall cover, at least:
1.) The amount of movable property received by the guardian;
2o.) The average of the income of the goods in the last three years prior to the guardianship; and,
3o.) The profits that the pupil can receive from any company for a year.
The security shall be increased or decreased, as altered or varied by the values expressed.
ELIGIBLE COLLATERAL
Art. 311.-The security may consist of a mortgage or a pledge, or a bond granted by credit institutions or insurance companies or bonds. The personal guarantee, even the caution
(a) it shall be admissible, provided that at the discretion of the judge it is sufficient, taking into account the value of the inventoried assets and the solvency and good reputation of the guardian.
The effects or values given in garment shall be deposited with an institution of credit or auxiliary organization.
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BUDGET
Art.-312. Within thirty days after the beginning of the exercise of the guardianship, the keeper shall submit to the approval of the judge the budget of the expenses necessary for the food of the pupil and the administration of his assets, and the Project for the use of income
surplus. For subsequent years, such budgets and projects shall be subject to judicial approval, at least 30 days before each annual financial year is commenced.
In order to cover non-budgeted expenditure in excess of one thousand colons, the guardian shall require prior judicial authorization; unless it is a serious and urgent need, in which case the expenditure may be effected and subject to ratification by the judge, within the fifteen days after its
erogation.
EXERCISE OF GUARDIANSHIP BY SEVERAL GUARDIORS
Article 313.-When the guardianship is exercised by several guards, the following rules shall be observed:
1a.) The powers that correspond to them will be exercised jointly by them, but it will be worth what is done with the agreement of the greatest number. In the absence of agreement, the judge, after hearing them and the pupil if he is greater than twelve
years, it will solve what it deems appropriate. If the disagreements are repeated and seriously hinder the exercise of the guardianship, the judge may rearrange its composition or provide new tutors to the pupil;
2a.) If the testator has so expressly provided or the guarders so request, the judge may decide that the functions of the guardianship are distributed among the guardians,
each of which will act independently in the field of its competence, but if there are decisions which concern everyone, as to them the preceding rule will be observed; and,
3a.) When, for any cause, any of the guarders fail, the guardianship shall remain with the remaining guardiors, unless the appointment has been made otherwise.
DUTIES AND POWERS
Art. 314. The guardian has in respect of its pupil the same powers and duties as the law grants and imposes on the parents in relation to their children, with the legal modifications and limitations.
The pupil owes respect and obedience to his tutor.
CARE OF THE PUPIL. CASES OF INCAPACITY
Art. 315.-The guardian is obliged to take care of the pupil as a good father of the family; and if the pupil has been declared incapable, to do as much as necessary so that he can fend for himself and be rehabilitated.
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Where in the pupil of the age there is a cause of incapacity and is reasonably expected to continue after reaching the age of majority, the guardian must apply before he or she is satisfied.
the corresponding declaratory, for the purposes provided for in this Code.
PUPIL EDUCATION. CHOICE OF PROFESSION OR TRADE
Art. 316. It is the duty of the tutor to educate and integrate the pupil, to provide access to the educational system and to guide him in the choice of a profession or profession.
If the pupil had initiated studies to obtain any profession or profession, while under parental authority, the guardian will not be able to vary them without judicial authorization, for which the judge will take
In view of the child's opinion and his/her skills and circumstances.
ADMINISTRATIVE POWERS OF THE PUPIL
Art. 317. The minor pupil shall have the same administrative powers as the child of the family, in respect of the goods acquired with his own work or industry.
THE PUPIL ' S DUTY IN THE ADMINISTRATION
Article 318-Child pupils who have been fourteen years of age are entitled to
the tutor to associate them in the administration of the pupillary goods, for their training, information and knowledge. The exercise of this right does not relieve the keeper of responsibility.
DEPOSIT IN CREDIT INSTITUTION
Art. 319.-The alhajas, precious furniture and securities which at the discretion of the judge must not be
held by the guardian, shall be deposited with a credit institution in favour of the pupil.
DEPOSIT OF MONEY
Art. 320. The guardian shall deposit the pupil's money in a credit institution, keeping the accounts of the institution separate from its own.
OBLIGATION TO RECOGNISE LEGAL INTEREST
Art. 321.-The guardian shall be liable for the legal interests of the capital of the pupil, if by default or negligence he shall remain unproductive.
JUDICIAL AUTHORISATION
Art. 322.-The guardian needs judicial authorization:
1o.) To enter the pupil in a mental health or education or special training establishment;
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2o.) To dispose or tax real estate or real estate rights of the pupil; to give the first tenancies for more than three years, or for longer than the time of the
less to reach its age, or with an income advance for more than one year; to make or recognize improvements that are not necessary; to constitute passive easements; and, in general, to conclude another class of contracts that affect the patrimony
of the pupil, provided that they are of more than one thousand colones. The lease contracts referred to in this ordinal may not be carried over voluntarily;
3.) To repudiate inheritances, legacies and donations in favor of the pupil;
4.) To compromise or compromise on arbitrators the questions in which the pupil has an interest;
5o.) P shall be paid for claims against the pupil;
6o.) To resolve on the form, conditions and guarantees in which you must place on credit
the pupil's money; and,
7o.) In the other cases provided for by law.
SALE OF SECURITIES, FRUITS AND LIVESTOCK
Article 323.-The sale of securities may be made without judicial authorization, but never by
less than the book value, or of which the day of the sale is listed if there is a stock exchange.
Fruit and nuts may be sold without judicial authorization, provided that their value is not
less than the one that is cotice in place on the day of the sale.
The operations referred to in this Article must be checked by the guardian on account.
AUTHORIZATION BY UTILITY OR NECESSITY
Art. 324.-The authorization to dispose or to tax the real estate, the real rights and the movable property of the pupil that are worth more than one thousand colones, shall proceed only for the purpose of utility
or of need checked.
Authorization is not necessary when the sale of the goods of the pupil corresponds to the rotation
Ordinary business.
ACTS PROHIBITED FROM THE GUARDIAN
Article 325. The guardian shall be prohibited:
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1o.) Contreat in itself, by person or in the name of another with the pupil, or accept against the credits, rights or actions, unless they result from legal surrogacy.
This prohibition extends to the guardian's spouse, ascendants, descendants and siblings;
2o.) To provide free of charge for the goods of the pupil, except for donations in money and other movable property in favor of a consanguineum needed, authorized by the judge, for reasonable cause;
3o.) Accept donations of which it was your pupil, without being approved the accounts of your administration and cancelled the balance that will result against you, except when the guardian
is a parent, spouse, survivor or brother of the donor;
4.) To make a referral of the pupil's rights;
5o.) Accept without the benefit of inventory the heirlooms of the pupil; and,
6o.) Accept without reservation the disposals of rights or credits that the creditors of the pupil make to third parties.
SPECIAL BAN
Article 326.-When the person or property of the pupil is insured, it is prohibited to designate the guardian as a beneficiary. This prohibition is applicable to the spouse, living, ascending,
descendants and siblings of the keeper.
REMUNERATION OF THE GUARDIAN
Art. 327.-The guardianship gives the right to pay, which shall be paid annually and which shall not be reduced from 5% per year and shall not exceed 15% per year of the income and liquid products
of the property of the pupil.
Where the remuneration has not been fixed in the will, or where there is no negligence
the guardian, no income or products, the judge shall fix it taking into account the importance of the flow of the pupil and the work that causes the exercise of the tutelage.
If the pupil does not have any goods or are exempt, the guardian shall exercise the charge free of charge.
LOSS OF REMUNERATION
Art. 328. Where the guardian has been removed for cause attributable to him, he shall not be entitled to any remuneration.
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OBLIGATION TO HOLD ACCOUNTS
Art. 329. The guardian is obliged to carry accurate and verifiable accounts of all the operations of his administration, in books authorized by the judge who discerned the guardianship. At the end of his post, he will present a summary of his administration's events.
END OF THE GUARDIANSHIP
Art. 330.-The guardianship ends:
1o.) For the achievement of the pupil's age, unless the protection has been extended;
2o.) By the death of the pupil or guardian;
3.) By rehabilitation of the incapacitated; and,
4.) For remaining the pupil subject to parental authority.
Termination shall be excluded from the birth of the pupil.
CHAPTER V ACCOUNTABILITY
OBLIGATION TO RENDER ACCOUNTS
Art. 331.-The guardian must be held to account at the end of each year of its management and at the end of the guardianship
or to cease in office.
The accountability will be done before the judge, with the intervention of the Attorney General of the
Republic or the Departmental Auxiliary Attorney.
The annual surrender of accounts must be made within 30 days of the
termination of the year of management. This will apply when the guardian has ceased to be in office.
In any case the accounts shall be subject to the approval of the judge.
DEADLINE FOR FINAL ACCOUNTABILITY
Article 332.-The final surrender of accounts shall be made by the guardian or his heirs to the pupil, or to the heirs of the latter, or to whom he represents, within sixty days of the termination of the protection. If I do not give it, it shall be liable for the damages which I shall make to the pupil or his heirs,
apart from the criminal liability which may be liable to it.
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SUPPORTING DOCUMENTS
Article 333-The accounts must be accompanied by supporting documents.
EXPENDITURE ON ACCOUNTABILITY
Art. 334.-The expenses of the accountability will be charged to the one who was subjected to guardianship.
OBLIGATION TO DELIVER THE GOODS FROM THE PUPIL
Art. 335.-The guardian, upon completion of the tutelage, must deliver to the one who was his pupil all the goods
and documents belonging to the latter.
OBLIGATIONS OF THE GUARDIAN REPLACING ANOTHER
Art. 336.-The guardian who replaces another must demand the supply of goods and accountability to which he has preceded it, in order to answer for the damages caused by his omission.
Interest
Art. 337.-The balance of the accounts for or against the guardian shall be the legal interest; in
the first case, since the pupil is required for payment, upon delivery of the goods; and in the second case, from the day following the expiration of the deadline to render the accounts.
PRESCRIPTION
Art. 338.-The actions and obligations that reciprocally correspond to the guardian or to which it was
his pupil, by reason of the exercise of the guardianship, they prescribe in four years of being concluded.
CHAPTER VI
RECORD OF TULLE
INSTITUTIONS OF REGISTRATION AND MATTERS TO BE REGISTERED
Art. 339. In the courts of first instance with jurisdiction in family matters, a record of tutoring shall be carried out, in which the discernment and termination of the guardianship shall be entered.
removals and excuses of tutors, results of inventories and accountability, administration expense budgets, as well as all resolutions that may modify the personal or heritage status of tutored.
The inventory, with the depository receipts and other supporting documents of the accounts held by the guardian, shall be kept in a separate file.
INDEX
Art. 340. An index of the cloths shall be carried, in alphabetical order of the last name of the tutored.
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RESPONSIBLE FOR REGISTRATION
Art. 341. The registration shall be carried out by the judge, who shall order the seats and their modifications and issue the certifications.
MARGINS ON ACCOUNTABILITY
Art. 342.-At the beginning of each annual exercise of the tutelage, it shall be stated on the margin of each
registration, if the guardian obliged to give accounts of his or her management, has rendered them or not.
MANDATORY REVISION OF REGISTRATIONS
Art. 343. In order to comply with the attribution conferred on it by Article 283 of this Code, the judge shall frequently examine the inscriptions of the register in order to adopt the providences.
necessary for the defense of the interests of the tutored.
BOOK 5
THE minors AND THE PEOPLE OF THE THIRD AGE
TITLE FIRST
THE MENTS
CHAPTER I
GUIDING PRINCIPLES, FUNDAMENTAL RIGHTS AND THE DUTIES OF MINORS
SPECIAL SYSTEM
Art. 344.-REPEALED BY D.L. No. 839/09
DEFINITION OF A MINOR
Art. 345.-REPEALED BY D.L. No. 839/09
INTEGRAL PROTECTION
Art. 346.-REPEALED BY D.L. No. 839/09
RESPONSIBILITY OF THE FAMILY, SOCIETY AND THE STATE
Art. 347.-REPEALED BY D.L. No. 839/09
SPECIAL PROTECTION OF THE STATE
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Art. 348.-REPEALED BY D.L. No. 839/09
NON-DISCRIMINATION
Art. 349.-REPEALED BY D.L. No. 839/09
UPPER INTEREST OF THE CHILD
Art. 350.-REPEALED BY D.L. No. 839/09
FUNDAMENTAL RIGHTS OF MINORS
Art. 351.-REPEALED BY D.L. No. 839/09
DUTIES OF MINORS
Art. 352. -REPEALED BY D.L. No. 839/09.
CHAPTER II PROTECTION OF MENOR
PROTECTION OF LIFE AND HEALTH
Art. 353.-REPEALED BY D.L. No. 839/09.
OBLIGATION OF THE STATE
Art. 354.-REPEALED BY D.L. No. 839/09.
MEDICAL CARE
Art. 355.-REPEALED BY D.L. No. 839/09.
EDUCATIONAL PROTECTION
Art. 356.-REPEALED BY D.L. No. 839/09.
INVOLVED IN EDUCATIONAL PROTECTION
Art. 357.-REPEALED BY D.L. No. 839/09.
COMPULSORY REGISTRATION
Art. 358.-REPEALED BY D.L. No. 839/09.
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INITIAL EDUCATION
Art. 359.-REPEALED BY D.L. No. 839/09.
OBLIGED TO ENSURE ATTENDANCE AT THE EDUCATIONAL CENTRE
Art. 360.-REPEALED BY D.L. No. 839/09.
MEASURES TO PREVENT SCHOOL DROPOUT
Art. 361.-REPEALED BY D.L. No. 839/09.
PRIORITY OBJECT OF STUDY
Art. 362.-REPEALED BY D.L. No. 839/09.
SUPPORT FOR CONTINUING HIGHER EDUCATION
Art. 363.-REPEALED BY D.L. No. 839/09.
SPECIAL EDUCATION
Art. 364.-REPEALED BY D.L. No. 839/09.
MORAL PROTECTION OF THE CHILD
Art. 365.-REPEALED BY D.L. No. 839/09.
PROTECTION OF THE DIGNITY OF THE CHILD
Art. 366.-REPEALED BY D.L. No. 839/09.
PROTECTION OF THE IDENTITY OF THE CHILD
Art. 367.-REPEALED BY D.L. No. 839/09.
SHOWS NOT SUITABLE FOR MINORS
Art. 368.-REPEALED BY D.L. No. 839/09.
PROHIBITION ON THE SALE OF HARMFUL PRODUCTS
Art. 369.-REPEALED BY D.L. No. 839/09.
BAN ON COMMERCIAL MESSAGES
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Art. 370.-REPEALED BY D.L. No. 839/09.
PLACES NOT SUITABLE FOR MINORS
Art. 371.-REPEALED BY D.L. No. 839/09.
PROHIBITION ON SELLING IMMORAL MATERIAL
Art. 372.-REPEALED BY D.L. No. 839/09.
PROHIBITION OF PUBLICATIONS
Art. 373.-REPEALED BY D.L. No. 839/09.
SANTION
Art. 374.-REPEALED BY D.L. No. 839/09.
RESERVE GUARANTEE
Art. 375.-REPEALED BY D.L. No. 839/09.
WORK PROTECTION
Art. 376.-REPEALED BY D.L. No. 839/09.
BAN
Art. 377.-REPEALED BY D.L. No. 839/09.
INDEPENDENT WORK
Art. 378.-REPEALED BY D.L. No. 839/09.
OF THE LOWEST DISABLED WORKER
Art. 379.-REPEALED BY D.L. No. 839/09.
PROTECTION OF THE LOWEST WORKER
Art. 380.-REPEALED BY D.L. No. 839/09.
IMMEDIATE MEDICAL ATTENTION
Article 381-REPEALED BY D.L. No. 839/09.
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LEARNING
Art. 382.-REPEALED BY D.L. No. 839/09.
CULTURE, RECREATION AND SPORTS
Art. 383.-REPEALED BY D.L. No. 839/09.
ARTISTIC FREEDOM
Art. 384.-REPEALED BY D.L. No. 839/09.
ERADICATION OF BEGGING
Art. 385.-REPEALED BY D.L. No. 839/09.
GUARANTEE AGAINST VIOLENCE
Art. 386.-REPEALED BY D.L. No. 839/09.
PHYSICAL AND MENTAL ABUSE
Art. 387.-REPEALED BY D.L. No. 839/09.
LEGAL ASSISTANCE
Art. 388.-REPEALED BY D.L. No. 839/09.
TITLE II
THE PEOPLE OF THE THIRD AGE
CHAPTER I
GUIDING PRINCIPLES, FUNDAMENTAL RIGHTS AND DUTIES OF THE ELDERLY
CONCEPT
Art. 389.-It is understood by persons of the third age, those who have completed sixty
years of age or more. In case of doubt, a person is presumed to be of the third age.
SPECIAL SYSTEM
Art. 390. The special regime of persons of the third age establishes the principles on which their protection is based; it recognizes and regulates their rights and duties; as well as the duties of the family, society and the State, to guarantee them the integral protection.
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This scheme shall apply to bodies, authorities and persons in general whose activities relate to the treatment or care of the elderly.
INTEGRAL PROTECTION
Art. 391. The protection of the elderly will especially include the physical, gerontological, geriatric, psychological, moral, social and legal aspects.
They consider essential aspects of the integral protection of the elderly people's affection, respect, consideration, tolerance, attention and personal care, the appropriate environment, calm and adequate leisure.
RESPONSIBILITY OF THE FAMILY, SOCIETY AND THE STATE
Art. 392.-Persons of the third age, have the right to live at the side of their family, being the principal responsible for their protection; society and the State will assume it, when they lack family or when they have, they are not capable to provide them with adequate protection.
Detention in nursing homes or retirement homes will be the last measure to be applied.
In any case, such centres must have the characteristics of a family home.
The State shall provide all means at its disposal, the stability of the family of the elderly and their welfare in matters of health, employment, housing, education and social security, so that their members can assume fully, the responsibilities that
by this regime are imposed on them.
The State will promote the participation of society, in the protection of the people of the
Third age.
PREVENTION
Art. 393. The protection of the elderly will be carried out through preventive, curative and rehabilitation actions.
The family, society and the state are obliged to carry out priority preventive actions aimed at ensuring that the elderly live with dignity, with due
physical, mental and emotional health, effectively enjoying the care and special considerations that require your condition.
The preventive actions of the State will be oriented with the social policies of assistance, protection, programs of recreation and voluntarized, family and educational promotion that includes the members of the family, to instill moral values how to respect and protect the
greater.
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FUNDAMENTAL RIGHTS OF THE ELDERLY.
Art. 394.-Persons of the third age shall enjoy the following rights:
1o.) Not to be discriminated against because of their age;
2o.) To be cared for with priority for the enjoyment and exercise of their rights;
3.) To receive transport and adequate housing;
4.) To live next to his family, with dignity, in an environment that fully satisfies
their various needs and provide peace of mind;
5.) To receive medical, geriatric and gerontological assistance;
6o.) Good treatment, consideration and tolerance, by the family, society and the State;
7o.) To enjoy in a free way recreational, cultural, sports, service or simple recreation programs;
8o.) To take up their free time in continuing education, paid part employment or volunteer work;
9.) To be protected from abuse or abuse of any kind; specialized assistance of any kind for their welfare and free legal assistance, for the defense of their rights;
10o.) To be heard, attended and consulted in all those matters that are of interest to them and to assure them the participation and communication in activities of the community
that they preserve their self-image of people useful to society;
11.) Not to be obliged to carry out works or works that are not in accordance with their
physical possibilities or conditions; or which detract from their dignity;
12o) To receive timely retirement pension or subsidiary fees for expenses
personal and regularly check their pensions;
13o.) To be informed of their rights and of the laws that guarantee them; and,
14o.) To enjoy the other rights recognized by the Constitution, the international treaties ratified by El Salvador, and other laws that guarantee their
protection.
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DUTIES OF PERSONS OF THE THIRD AGE
Art. 395.-They are the duties of the elderly:
1o.) Respect and consider the members of their family, their customs, order and
rules of conduct governing the home;
2o.) Oriented with your advice to your family members; share with them their
knowledge and experience conveying teachings that enable them to face the future with success;
3.) Save special consideration and tolerance with children and adolescents, due to their immaturity and inexperience, and should try to guide them and to use them with appropriate examples and advice; and,
4.) To collaborate to the extent of their possibilities, in the daily tasks and occupations of the home.
SUPPLEMENTARY RULES
Art. 396.-The principles and provisions contained in the First Title of this Book shall be observed in respect of persons of the third age, in any manner reasonably favourable to them, in accordance with their limitations and needs assistance.
TITLE III
DUTIES OF THE STATE, NATIONAL SYSTEM OF PROTECTION OF THE FAMILY, THE CHILD AND PERSONS OF THE THIRD AGE
CHAPTER 1 DUTIES OF THE STATE
DUTIES
Art. 397.-The State shall provide for all means the stability of the family and its
welfare, work, housing, education and social security, so that you can fully assume the responsibilities that you are responsible for in the training and protection of the child and the whole family.
As a result:
(a) ensure the effective exercise of the rights recognised in this Code;
(b) Develop policies for the protection of the child, the family and the elderly;
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(c) Promote programmes of care, protection and rehabilitation, for the benefit of the family, the child and the elderly;
(d) Coordinate the activities carried out by the institutions carrying out activities for the benefit of the child, the family and the elderly;
(e) Own the participation of the community and non-governmental bodies in the protection programmes for the family, the child and the third-party
age;
(f) implement special protection programmes for the disabled or the disabled;
(g) Realize food, vaccination, nutrition, health education and special rehabilitation programs;
(h) free medical and legal assistance;
(i) Velara because the social media complies with the obligations contained in this Code;
(j) Give preference to the formulation and implementation of programmes benefiting the child,
the family and persons of the third age, who must have sufficient and privileged budgetary allocation;
(k) It shall ensure that employers who employ minors comply with this Code and other applicable laws;
(l) execute cultural, recreational and sporting programmes with the participation of the community;
(m) Execute campaigns to eradicate begging and provide education and training for minors to adequately reintegrate them into society;
(n) Give impetus and economic assistance to domestic crafts and other activities that enable the development of jobs and income generation through the family industry; and,
(o) It shall ensure that in all urban planning sufficient and adequate spaces are used for the construction of playgrounds, parks and communal houses dedicated to
the recreation of all the family members.
NATIONAL SYSTEM FOR THE PROTECTION OF THE FAMILY AND PERSONS OF THE THIRD AGE
Art. 398.-The integral protection of the family and the elderly, in charge of the State, will be made through a set of governmental and non-governmental actions, coordinated by the National Secretariat of the Family, with the participation of of the community and the support of the agencies
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International organizations, which make up the National System for the Protection of the Family and Persons of the Third Age. Such a system shall ensure the satisfaction of the basic food requirements,
housing, health, education and stability of the family unit.
NATIONAL SYSTEM FOR THE PROTECTION OF MINORS
Art. 399. The integral protection of minors in charge of the State, will be done through a set of governmental and non-governmental actions, coordinated by the Salvadoran Institute
The National System of Protection of the Child, with the participation of the family, the community and the support of the international organizations, that make up the National System of Protection to the Child.
The national system will guarantee the satisfaction of the basic needs of food, housing, health, education and integral development of the child.
INTEGRATION OF SYSTEMS
Art. 400.-Integran the National Systems of Family Protection, Persons of the Third
Age and at Least:
(a) The Attorney General's Office;
b) The Office of the Attorney General for the Defense of Human Rights;
(c) the Ministry of Justice;
(d) The Ministry of Education;
e) The Ministry of Public Health and Social Care;
(f) The Ministry of Labour and Social Welfare;
g) The Vice-Ministry of Housing and Urban Development;
(h) The National Secretariat of the Family;
i) The Salvadoran Institute of Child Protection; and,
(j) Community and service associations and non-governmental bodies which have activities related to those of the former.
PERMANENCE AND ENFORCEMENT
Art. 401.-The institutions that make up the National Systems of Family and Persons Protection of the Third Age and the Child, will implement programs and activities of care in a permanent and obligatory way, aimed to benefit the family and to meet the needs related to the integral development of the child; they will fulfill and enforce
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in their respective areas of competence, the rules which for the protection of such persons are enshrined in this Code.
TITLE IV
TRANSITIONAL PROVISIONS, REPEAL AND VALIDITY
TRANSITIONAL ARRANGEMENT
Art. 402.-REPEALED BY D.L. No. 133/94.
The patrimonial regime of marriages concluded prior to the validity of this Code will continue to be unalterable unless the spouses expressly dispute the contrary.
The guardiors validly constituted under the Civil Code, will continue to exercise their posts, but their functions, remuneration, disabilities and supervinlient excuses, will be subject to this Code.
As long as the regime of the Family State Registry is not established, these acts are recorded in accordance with the provisions of the Civil Registry of Persons.
REPEAL
Art. 403.-Repealed: the ordinal second of Art. 15, Articles 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 69 and 990 of the Civil Code; Titles III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV, XVI, XVII, XVIII, XIX, XX, XXI, XXII, XXIII, XXV, XXVII, XXVIII and XXIX of the Book
First and Title XXII of the Fourth Book, both of the Civil Code; the Code of Minors and the Law of Adoption.
All provisions which are contrary to those contained in this Code shall also be repealed.
VALIDITY
Art. 404.-THIS FAMILY CODE SHALL ENTER INTO FORCE ON ONE OF OCTOBER
FROM ONE THOUSAND NINE HUNDRED AND NINETY-FOUR. (1)
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at eleven days of the month
October of a thousand nine hundred and ninety-three.
LUIS ROBERTO ANGULO SAMAYOA
PRESIDENT
CIRO CRUZ ZEPEDA PEÑA RUBEN IGNACIO ZAMORA RIVAS VICE-PRESIDENT
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MERCEDES GLORIA SALGUERO GROSS VICE PRESIDENT
RAUL MANUEL SOMOZA ALFARO JOSE RAFAEL MACHUCA ZELAYA SECRETARY
SILVIA GUADALUPE BARRIENTOS RENÉ MARIO FIGUEROA FIGUEROA SECRETARY
REYNALDO QUINTANILLA PRADO
SECRETARY
CASA PRESIDENTIAL: San Salvador, at the twenty-two days of the month of November of a thousand
nine hundred and ninety-three.
PUBESCOESE,
ALFREDO FÉLIX CRISTIANI BURKARD, President of the Republic.
RENÉ HERNÁNDEZ VALIANT,
Minister of Justice.
D. O. No. 231
TAKE NO 321 DATE: 13 December 1993
REFORMS:
(1) D.L. No 830, 11 MARCH 1994;
OJ NO 60, T. 322, 25 MARCH 1994.
(2) D.L. NE 317, 4 JUNE 1998;
D.O. NE 121, T. 340, JULY 1, 1998.
(3) D.L. NE 319, 4 JUNE 1998;
D.O. NE 121.T, 340, 1 JULY 1998.
(4) D.L. NE 212, 25 NOVEMBER 2003;
D.O. NE 4 .T, 362, 8 JANUARY 2004. EXTENSIONS TO D.L. No. 212/03 : D.L. NE 307, APRIL 15, 2004; D.O. NE 69, T. 363, APRIL 16, 2004.
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D.L. NE 374, JULY 8, 2004; D.O. 132, T. 364, JULY 15, 2004.
D.L. NE 575, 6 JANUARY 2005; D.O. NE 26, T. 366, 7 FEBRUARY 2005 .
(5) D.L. NE 956, FEBRUARY 3, 2006; D.O. NE 37, T. 370, FEBRUARY 22, 2006.
(6) D.L. NE 843, MARCH 26, 2009; D.O. Nº 76, T. 383, APRIL 28, 2009.
(7) D.L. NE 39, 5 JUNE 2009; D.O. Nº 121, T. 384, 1 JULY 2009.
(8) D.L. No. 766, 23 JUNE 2011; D.O. No. 136, T. 392, 20 JULY 2011. (Provisions considered to be public policy)
(9) D.L. No. 112, AUGUST 30, 2012; D.O. NO. 177, T. 396, SEPTEMBER 24, 2012.
(10) D.L. No. 989, 16 APRIL 2015;
D.O. No. 79, T. 407, MAY 5, 2015.
PARTIAL DEROGATIONS:
-D.L. NO 133, 14 SEPTEMBER 1994; (Rule 402, Paragraph 1) OJ NO 173, T. 324, 20 SEPTEMBER 1994.
-D.L. Nº 839, 26 MARCH 2009; D.O. Nº 68, T. 383, 16 APRIL 2009. (Fifth, First Title, Chapter I, Guiding Principles, Fundamental Rights and Child Duties) (Fifth Book, First Title, Chapter II, Protection of the Child)
TRANSITIONAL ARRANGEMENT:
TRANSITIONAL PROVISION IN THE SENSE OF LEAVING THE REPEAL OF THE CODE OF MINORS, WHICH ESTABLISHES THE FAMILY CODE, WITHOUT EFFECT,
AS REGARDS THE RULES RELATING TO INFRINGEMENTS, WHICH ARE REGARDED AS OFFENCES OR OFFENCES ATTRIBUTED TO MINORS, THE PROCEDURE, THE PROTECTIVE MEASURES AND THE RULES WHICH THEY TREAT
ON THE CREATION AND COMPETITION OF THE TUTELARY COURTS OF MINORS. D.L. NO 145, 22 SEPTEMBER 1994;
OJ NO 180, T. 324, 29 SEPTEMBER 1994.
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SPECIAL PROVISIONS CONCERNING FOOD QUOTAS:
• PROVISIONS EMPOWERING THE JUDGES OF THE FAMILY AND THE ATTORNEY GENERAL
GENERAL OF THE REPUBLIC, TO DISCOUNT FOOD QUOTAS TO CENTRAL GOVERNMENT EMPLOYEES, AUTONOMOUS AND MUNICIPAL INSTITUTIONS.
(AGUINALDO 30%) D.L. Nº 140, NOVEMBER 6, 1997; D.O. NO. 218, T. 337, NOVEMBER 21, 1997.
REFORM: D.L. No. 167, OCTOBER 19, 2000; D.O. NO. 214, T. 349, NOVEMBER 15, 2000.
• LEGAL PROVISIONS ALLOWING THE DISMISSAL OF WORKERS WHO HAVE BEEN MADE REDUNDANT, THE PAYMENT OF FOOD QUOTAS .
D.L. Nº 503, DECEMBER 9, 1998; D.O. NO. 240, T. 341, DECEMBER 23, 1998. REFORM: D.L. NO 168, 19 OCTOBER 2000;
OJ NO 229, T. 349, 6 DECEMBER 2000.
• PROVISIONS TO THE EFFECT THAT ANY CANDIDATE FOR PRESIDENT AND
DEPUTY PRESIDENT OF THE REPUBLIC, MEMBERS OF THE LEGISLATIVE ASSEMBLY, CENTRAL AMERICAN PARLIAMENT AND MEMBERS OF THE MUNICIPAL COUNCILS, WILL HAVE TO COMPLY WITH THE OBLIGATIONS OF ALIMONY
EXTENDED BY THE ATTORNEY GENERAL ' S OFFICE. D.L. NO 1015, OCTOBER 3, 2002; D.O. NO. 200, T. 357, OCTOBER 25, 2002.
LMLl/ngcl 20/03/06
CGC/ngcl 23/07/09
RM/ngcl 03/05/10
SV 17/08/11
JCH 11/10/12
SV 03/06/15
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