þý Legislative Assembly - Republic of EL SALVADOR _ 1 Decree No. 677 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that article 32 of the Constitution, recognizes the family as the fundamental basis of society and imposes the duty to enact the necessary legislation for its protection, integration, welfare and development of social, cultural and economic;
II.-that in accordance with article 271 thereof, is an urgent duty particularly harmonize with its precepts secondary legislation, being clear that this match is especially necessary and indispensable in family matters, as it is a regulation contained in the Civil Code dating back to the year of 1860;
III.-that also turns out to be an obligation which cannot be extended, harmonize domestic legislation regarding family and minors, contained in the treaties and ratified international conventions, constitutionally greater hierarchy than the first, in order to avoid the possibility of the concurrence of different rules on a subject, with prejudice to the safety and legal certainty; and IV. whereas regular especially in family matters, the reference to children and people of the third age, with the exception of the special status of minors referred to in article 35 of the Constitution of the Republic;
Therefore, in use of his constitutional powers and at the initiative of the President of the Republic through the Minister of Justice and of the members Raúl Manuel Somoza Alfaro and Marcos Alfredo Valladares Melgar, DECREED: the next code of family title preliminary object of the code article 1.-this Code establishes the legal regime of the family, minors and people senior citizens and as a result It regulates the relations of its members and of these with the society and State institutions.
_ Index Legislative Assembly Legislative - Republic of EL SALVADOR _ 2 rights and duties regulated by this code, do not exclude those who granted and impose other laws on special subjects and family solidarity.
CONCEPT of family article 2.-the family is the permanent social group, consisting of the marriage, the non-matrimonial union or kinship.
PROTECTION of the family article 3.-the State is obliged to protect the family, ensuring its integration, well-being, social, cultural and economic development.
GUIDING principles article 4.-the unity of the family, equal rights of man and of the woman, the equality of rights of children, the protection of minors and others unable to, people of the third age and mother when he is only responsible for the home, are the principles that inspired especially by the provisions of this code.
INALIENABILITY and INDELEGABILIDAD article 5.-the duties established by this code are inalienable, except for the legal exceptions, and the duties imposed, may not be delegated; any statement to the contrary shall be unwritten.
To constitute family law article 6.-any person has the right to form their own family, in accordance with the law.
PROMOTION of the marriage article 7.-the State will promote marriage. Shares carrying out that purpose, will be coordinated by the Attorney General of the Republic; they will guide the establishment of firm foundations for the stability of marriage and the more effective fulfilment of family duties.
INTERPRETATION and application article 8.-the interpretation and application of the provisions of this code should be in harmony with its guiding principles and principles General for the right of family, in the way that best guarantees the effectiveness of the rights established in the Constitution and international conventions and treaties ratified by El Salvador.
INTEGRATION article 9.-the cases not provided for in the present code will be resolved based on the provisions of the same for similar situations; When it is not possible to determine the applicable law, index Legislative Assembly Legislative - Republic of EL SALVADOR _ so _ 3 may have recourse to the provisions of other laws, but always according to the nature of the family law; in the absence of these, the matter will be resolved, considering the principles of family law and in the absence of these, on grounds of good sense and fairness.
Article 10.-the national EXTRATERRITORIALITY, however their residence or domicile in a foreign country, is subject to the provisions of this Code concerning the status of persons and the obligations and rights arising from family relations.
Minors and persons of the third age of Salvadoran nationality, residing abroad, will also be subject to regulated in this code regarding their protection and assistance.
BOOK the first Constitution of the family title I the marriage chapter I Constitution of the marriage concept of marriage article 11.-the marriage is the legal union of a man and a woman, in order to establish a full and permanent life community.
Constitution of article 12 marriage-marriage is refined and improved by the free and mutual consent of the intending spouses, expressed at the official authorized, celebrated in the manner and with the other requirements established in this code; He understands collapsed for the lifetime of the intending spouses and takes effect from your celebration.
OFFICIALS authorized article 13.-the officials empowered to authorize marriages within the whole country are the Office of the Attorney-General and notaries; and within their respective territorial constituencies are the departmental political Governors, municipal mayors and auxiliary departmental prosecutors.
Heads of permanent diplomatic mission and the consuls of career in the place where they are accredited, may authorise marriages between Salvadorans, holding all the provisions of this code.
(_ Index Legislative Assembly Legislative - Republic of EL SALVADOR _ 4 chapter II IMPEDIMENTS and rules special for contracting marriage IMPEDIMENTS ABSOLUTES Art. 14.-No may marriage: 1) children under eighteen years of age;
2nd) the linked by marriage; and, 3) which is not found in the full use of his reason and those who can not express consent unequivocally.
Notwithstanding provisions of the ordinal first of this article, children under eighteen years of age can marry if being púberes, they have already a child in common, or if the woman is pregnant.
May IMPEDIMENTS relating article 15.-do not marry each other: 1o) relatives by consanguinity in any degree of straight line nor the brothers;
2nd) the prospective adoptive parent and spouse with the adoptee or any descendant; the adoptee with ascendants or descendants of the adopter or the adopted children of the same adoptive parent; and (3) the convicted person as author or complicit in the homicide of the spouse of the other. If pending judgement by the mentioned offence, shall not be the celebration of the marriage until to rule acquittal or final acquittal.
SPECIAL rule for the Guardian article 16.-the tutors may not contract marriage with his pupils, while accounts of his administration have not been judicially approved and paid the balance that it found against her.
This prohibition extends to ascendants, descendants and siblings of keepers.
The guardians who infringe this prohibition or permit that it would infringe upon, will lose the remuneration to which are entitled, without prejudice to the responsibility they commit in the position.
SPECIAL rule in case new marriage article 17.-the woman whose marriage has been dissolved or annulled, can new marriage, is immediately rendered the respective judgment, provided that it establishes that you are not pregnant.
_ Index Legislative Assembly Legislative - Republic of EL SALVADOR _ 5, provisions of this article shall not be applicable when the spouses have been separated for more than three hundred days or it has decreed divorce absolute separation.
SPECIAL rule for the minor article 18.-the under eighteen years who, pursuant to this code, can marry, must obtain the express consent of parents under whose parental authority is found. If you miss one of them will suffice the concurrence of the other; but missing both, the closest degree ascendants will be called to give it, preferring those with whom the child together. In a parity of votes, be preferred Pro marriage.
When the child will find subject to guardianship and does not have parents, the assent shall give it guardian; and if orphaned, abandoned or of unknown affiliation, it will require the concurrence of the Attorney General.
CAUSES JUSTIFYING DISSENT
Article 19.-the refusal of assent that a minor can get married, only be justified in any of those who intend to collapse it when any of the following causes: 1a) existence of any of the impediments or prohibitions for contracting marriage;
2A) licentious life, or passion for forbidden games or hobby to the consumption of drugs, narcotics or hallucinogens or habitual drunkenness;
3A) have been deprived of parental authority, by a judgment rendered in a process criminal or family;
4A) disease that endangers the life or health of the child or their offspring.
You can also refuse assent by have none of the two current economic means for competent performance of the responsibilities of marriage.
When the refusal is unjustified, the judge will give authorization to motion to the minor.
Article 20.-the sanction marriage celebrated in contravention to the provisions laid down in articles 16, 17 and 18 of this code, shall incur the authorising officer the sanctions laid down in the laws of matter.
When the contravention may be attributed to the notary or the greatest party of eighteen years of age, the fine will be up to a thousand colones, which the judge imposed by having knowledge of the violation.
Chapter III celebration of marriage _ index Legislative Assembly Legislative - Republic of EL SALVADOR _ 6 minutes PREMARITAL Art. 21.-persons intending to enter into marriage manifest it to the authorized official, who previous reading and explanation of articles 11, 12, 14, 15, 16, 17, 18, 41, 42, 48, 51 and 62 of this code will receive them on record, affidavit about his intention of contracting it and that they have no legal impediments or are subject to any ban.
In said Act name, age, familial status, nationality, profession or trade, domicile or place of birth of each of the intending spouses, as well as the name, profession or trade and domicile of their parents, shall be entered the regime assets if already have agreed, the surname which the woman used to be married, and where appropriate, the names of the children recognized in the Act of marriage.
Applicants will present his identity documents and certifications of their birth certificates, which must have been issued within the two months prior to the request, adding the latter to the marriage record, which begins with the indicated minutes.
IDENTIFICATION and appearance under article 22.-the under eighteen years that neither of identity documents, if they are not known to the authorising officer will be identified by two witnesses and will appear accompanied by people who must give consent, which shall be recorded in the minutes referred to in the preceding article. The assent may also be included in authenticated public or private instrument to be added to the marriage record.
SPECIAL documents article 23.-the interested, in their respective cases, must also submit to be added to the double record, the following documents: 1) the legal instrument evidencing his middle ages;
2O) certification of the death certificate of who was his spouse;
3O) certification of the game of divorce or of the enforceable judgment declaring the nullity of marriage;
4th) certification of birth certificates of the children who will recognize;
5th) medical record in a public health institution, which proves that women under the age of eighteen is pregnant, or that it is not the woman who goes to new marriage, if it finds in the case of article 17;
6O) certification of the enforceable judgment that approves the accounts of the keeper and if the receipt where authentically evidencing the payment of the balance which has turned against them; (and, _ index Legislative Assembly Legislative - Republic of EL SALVADOR _ 7 7) legalized document stating the special power to contract marriage.
POINTING to the celebration article 24.-Cerciorado the authorising officer of the legal ability of the intending spouses and that is not contrary to any prohibition, shall immediately proceed to the celebration of the marriage or agree with stakeholders the place, day and time to do this, what shall the premarital minutes recorded.
All the days and hours are working for the celebration of the marriage.
DENUNCIATION of IMPEDIMENTS section 25.-If anyone denunciare any legal impediment or prohibition to enter into marriage, the authorising officer would not proceed to its conclusion and with news of the interested parties shall send marriage record to the judge, to resolve on the complaint.
WITNESSES and Secretary Art. 26.-the marriage will take place with the concurrence of at least two witnesses over the age of eighteen, who know how to read and write the English language and that is known to the Contracting Parties.
Witnesses to the marriage may not be the insane, the blind, the deaf, those convicted of crimes of perjury, against property or against the legal property of the family, not rehabilitated, or relatives within the fourth degree of consanguinity or second of affinity or adoption of any of the Contracting Parties or the authorising officer.
The Office of the Attorney-General, the departmental political Governors, municipal mayors and the departmental Assistant procurators, will act with their respective Secretary.
CELEBRATION of marriage article 27.-the Act of celebration of the marriage shall be public and the authorising officer will take care of giving the solemnity it requires. You will begin to know the purpose of the meeting the parties and witnesses, it will make special mention of the equality of rights and duties of spouses, their responsibility to the children, and urge the parties to preserve the unity of the family. Then will read the articles 11, 12, 14, 15, 16, 17, 18, 36 and 39.
Fulfilled the above formalities and calling each one of the Contracting Parties by name, ask you if you want to join in marriage with the other; what the person questioned will reply "If you want to".
Received the consent of both parties, the authorising officer shall direct them the following words: "in the name of the Republic, are solemnly United in marriage and are forced to keep FIDELITY and assist each other in all circumstances of life", with which ends the Act.
_ Index Legislative Assembly Legislative - Republic of EL SALVADOR _ 8 instrument of marriage article 28.-all acted in accordance with the previous article, is recorded immediately in the matrimonial proceedings to allowing officials carried or in writing which will formalize the notary; instruments which should be signed by spouses, witnesses, the authorising officer and the respective Secretary, in his case the interpreter if any.
Double instrument shall contain the regime assets that any agreed or in the absence of agreement on the same, which shall apply as supplementary; name that will be used by women; and the recognition of children born in common.
ACTS that continue to the celebration article 29.-the officer shall deliver to the Marriage Act and the notary writing testimony, certification and personal identity of those documents will be one reason signed and dated, in which record that have contracted marriage, the name of the person with whom he has contracted, and the place and date of its celebration.
A certification of the marriage or the respective writing minutes is added to the marriage record.
Within fifteen days following the celebration of the marriage, the authorising officer must send to the charge of the registration of the family status of the place that held that, if he is not, certification of the record or testimony of Scripture, it rests immediately the marriage certificate, enter the patrimonial regime that it has agreed or which legally corresponds in its case and make marginal annotations corresponding if there are seated birth of the intending spouses. If they are seated in another place, you must refer within the same period the corresponding charge of the registration of the family state, other certification or testimony for marginal annotation practice.
If it has recognized children, the authorising officer, within the same period referred to in the preceding paragraph, it shall be sent the charge of the registration of the family state of the place of those, certification or testimony birth certificates, they are seated so proceed in accordance with the law in the name of the Natural person.
MARRIAGE by to article 30-the marriage shall be entered into by proxy with special power of Attorney, given in a public deed or other instrument authentic, according to the law of the place of the grant, which will be expressed name, nationality, familial status, profession or trade, domicile or residence, birthplace of the other spouse and any other information that will contribute to their full identification. Also
the Attorney General must be expressed.
The power to enter into marriage, means also conferred to provide premarital Act, take oath that it is recorded and, in general, to perform any other index Legislative Assembly Legislative _ - Republic of EL SALVADOR _ 9 Act or formality required to celebrate. To opt-out regime, determine the surname which the woman will use and recognize children, it will require special clause.
VALIDITY, revocation and withdrawal article 31.-the power to enter into marriage is valid for three months from the date of its grant.
The revocation of the power and the withdrawal of the principal of his intention to marry, take effect since they express themselves in authentic form.
MARRIAGE in article MORTIS article 32.-you can be the celebration of marriage without presented the certificates referred to in the third subparagraph of article 21 or the documents listed in article 23, which is in imminent danger of death, provided that there is no obvious handicap that makes it illegal, which is clearly expressed consent of the intending spouses. Writing or corresponding act shall contain the circumstance of having held marriage in imminent danger of death.
Contracting Parties that is not expressed in Spanish art. 33.-when any of the intending spouses not event the Spanish language, you will attend interpreter for the celebration of marriage and prior to the same acts, and the official record that expresses in Spanish interpreter. If the officer and witnesses understand the language of each party, may be dispensed with the interpreter unless each party prefers to have it. In any case, each party will formulate in your own language a Bill which express the official, this will translate it or the interpreter in your case.
If one of the Contracting Parties may only occur to understand specialized language, you must intervene to assist in each of the aforementioned acts, a person who understands it, and the interpretation of it that express each party, must be given it under oath in a Bill.
Translations and minutes will be added to the file size, and must be signed by the officer, each party and the interpreter, if any.
GRATUITY and exemption article 34.-all the proceedings, certificates and testimonials relating to marriage will not cause any assessment.
Allowing officials shall not accrue emoluments by marriages concluded, or the proceedings which must, except as otherwise provided by special laws.
Notaries may earn conventional fees.
_ Index Legislative Assembly - Republic of EL SALVADOR _ 10 penalties article 35.-legislative officials who, without just reason refuse to celebrate a marriage or retardaren their celebration, they shall incur the penalties provided in the law on the matter.
Title II relations personal and heritage between the spouses chapter I relations personal equality of rights and duties Article 36-the spouses have equal rights and duties; community life which is established between them, they must live together, save fidelity, attend in all circumstances, and treated with respect, tolerance and consideration.
Not infringed the duty that the spouses to live together, when they have to separate to avoid serious damage to any of them or the children, or when for any special circumstances that benefit the interests of the family, qualified by mutual agreement, one of the spouses has to temporarily reside outside of the common residence have.
RESIDENCE and other affairs household article 37.-the spouses shall jointly fixed the place of their residence and be regulated by mutual agreement all domestic affairs.
EXPENSES of the family article 38.-the spouses must pay in proportion to their economic resources, the expenses of the family. If one of them does not have a property nor will rejoice in any emolument, performance of work from home or the care of the children is estimated as its contribution to such expenses, with the same meaning as the contributions of the other.
If one of the spouses, for breach of the other has been forced to contract debts to cover the expenses of the family, this will be jointly and severally responsible for its payment. The judge, in this case may moderate the amount of the costs, according to the conditions of life 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 improve knowledge, and to do so should provide aid and cooperation, taking care to organize the life in the home, so that such activities, upgrading or index Legislative Assembly Legislative - Republic of EL SALVADOR _ _ 11 studies does not impede the performance of the duties imposed by this code.
Household work and the care of the children, will be the responsibility of both spouses.
Chapter II regime assets of the marriage section first provisions general concept Art. 40.-the rules that regulate economic relations of the spouses among themselves and with third parties, constitute the patrimonial regime of marriage.
KINDS of regimes article 41.-the patrimonial regimes referred to in this code are: 1) separation of property;
2O) participation in earnings; and, 3o) deferred community.
OPTION of regime article 42.-the parties, before the celebration of the marriage, may opt for any of the patrimonial regimes referred to in the preceding article or make another one that does not counteract the provisions of this code. If not they made it, they will be subject to the deferred community.
EFFECTIVENESS of the regime article 43.-the patrimonial regime will produce effects between the parties immediately after celebrated marriage or capitulation, grant and third parties, from their corresponding registration.
MODIFICATION or replacement article 44.-the spouses may jointly, and at any time, to modify or replace the regime that have been adopted, as well as the additional, prior the procedure of dissolution and liquidation of the existing regime, wherever the case, which shall take effect between spouses from the modify or replace, and against third parties from your registration.
_ Index legislative Legislative Assembly - Republic of EL SALVADOR _ 12 dissolution of the regime article 45.-the patrimonial regime of marriage is dissolved by the Declaration of nullity or dissolution of this, judicial declaration or by agreement between the spouses. It shall take effect between spouses immediately and against third parties from your registration.
PROTECTION of the family housing (8) article 46.-spouses, what ever the PATRIMONIAL regime of marriage, may constitute the right room for the household in a given building, or in a part thereof, if it is easy to split. THE ALIENATION AND CONSTITUTION OF REAL OR PERSONAL RIGHTS OVER THE PROPERTY THAT SERVES AS A ROOM TO THE FAMILY REQUIRES THE CONSENT OF BOTH SPOUSES, AND MAY BE PROVIDED BENEFITS DIRECTLY TO THE HOUSEHOLD, UNDER PENALTY OF NULLITY.
THE RIGHT REFERRED TO IN THE PRECEDING PARAGRAPH, MAY BE CONSTITUTED IN PUBLIC DEED OR ACT BEFORE HE OR THE ATTORNEY GENERAL OF THE REPUBLIC, THE OR THE AUXILIARY ATTORNEYS THAT CIVIL, THE OR THE JUDGES OF FAMILY AND PEACE. INSTRUMENTS CONCERNED SHALL BE ENTERED IN THE REGISTER OF PROPERTY ROOT AND MORTGAGES.
IF THE PROPERTY INTENDED FOR THE USE OF HOUSING FAMILY IS TAXED, THE CONSTITUTION OF THE RIGHT OF THE ROOM WILL TAKE ITS EFFECT, BUT YOU WILL RESPECT THE RIGHTS AND PRIVILEGES DERIVATIVES REFERRED CHARGES AFFECTING THE PROPERTY, PROVIDED THAT HAVING BEEN COMPLETED AS PROVIDED FOR IN SUBSECTION FIRST OF THIS ARTICLE, THE INSTRUMENT SHOWING THE ASSESSMENT, HAS JOINED OR HAS BEEN PRESENTED TO THAT EFFECT IN THE REGISTER OF THE CORRESPONDING ROOT AND MORTGAGE PROPERTY EVEN WHEN THEY CONCERNED A PREVENTIVE ANNOTATION. THE REPLACEMENT OF THE AFFECTED PROPERTY ALSO MUST BE MADE BY MUTUAL AGREEMENT OF THE SPOUSES AND IN THE FORM PROVIDED FOR IN THE PRESENT ARTICLE.
WHEN THE CONSENT OF ONE OF THE SPOUSES CANNOT BE OBTAINED, THE JUDGE A REQUEST OF ANOTHER OR ANOTHER, OR MAY BE AUTHORISED DESTINATION, THE ALIENATION, THE CONSTITUTION OF RIGHTS, REAL OR PERSONAL, OR SUBSTITUTION, AS THE CASE MAY BE, ACCORDING TO THE INTEREST OF THE FAMILY GROUP. (8) marriage celebrated abroad article 47.-spouses who celebraren his marriage abroad and established his home in El Salvador or have assets in the country, may choose to any set out in this code or other different property regimes, provided that it does not contravene the Salvadoran laws.
SECTION SECOND REGIME OF SEPARATION OF PROPERTY
_ Index legislative Legislative Assembly - Republic of EL SALVADOR _ 13 features article 48.-in the regime of separation of property each spouse retains the property, the Administration and the free disposition of property that is marriage, which acquired for him in any capacity, and the fruits of ones and others, except as provided in article 46.
CASES of separation article 49.-There will be separation of property: 1) when the spouses have opted for this scheme; and 2nd) when he is decretare Court dissolution of the regime of participation in earnings, the dissolution of deferred community or any other Community regime, and the spouses have not opted for another regime.
PRESUMPTION of co-ownership article 50.-in case of not being able to check which of the spouses belong some good, it shall be presumed that they are joint owners equally.
SECTION third regime of participation in the profits features art. 51.-the participation contract, each of the spouses acquires right to participate in the gains made by their spouse, during the time in which the regime has been in effect.
Management Article 52.-each spouse is the Administration, enjoyment and the free disposal of assets belonging to him at the time of marriage, both which can then purchase any title.
PROINDIVISION article 53.-If the spouses jointly acquired some good, will belong to them according to the rules of the proindivision.
DISSOLUTION JUDICIAL article 54.-you can ask for one of the spouses the judicial dissolution of the regime and its liquidation in the following cases: 1) by insolvency or danger of insolvency that has incurred another, _ index Legislative Assembly Legislative - Republic of EL SALVADOR _ 14 2nd) when the other spouse is declared incapable, absent, in bankruptcy or insolvency proceedings or sentenced for violation of family duties of economic assistance (, 3o) ahead of the other, acts devices or management that are fraudulent or that irrigated damage or danger to their rights in the proceeds; & 4th) if the other has abandoned it.
Either spouse may request the dissolution and liquidation of earnings, if both had been separated for six months at least.
In all these cases be able to request the preventive annotation of demand; and the effects of judicial termination of the regime, there will be from the date that is enacted, with respect to spouses and against third parties from the moment of its registration.
DETERMINATION of LAS profits article 55.-the earnings shall be determined by the difference between the initial assets and end of each spouse. S i the result is positive in the two heritages, the spouse who has seen less increase in yours, shall be entitled to one-half of the difference between both increases.
When one of the wealth has been increased during the existence of the regime, the owner of the other shall be entitled to half of this increase.
Heritage initial and FINAL article 56.-the initial heritage is constituted by property belonging to each spouse at the beginning of the regime and those acquired later to gratuitously, with deduction of obligations which had at that time.
Final heritage are goods that are property of the spouses at the time of the completion of the scheme, with deduction of the unliquidated obligations, most inclusions referred to in article 58.
ESTIMATION of the initial heritage article 57.-the property constituting the initial patrimony be estimated according to the status and value which they have at the time of the initiation of the regime or in his case, according to the value which they have at the time they were acquired.
INCLUSIONS to the heritage end article 58.-the value of the final heritage of each spouse will include which had property that it has arranged free of charge by Act inter vivos. It will also include the value of credits _ index Legislative Assembly Legislative - Republic of EL SALVADOR _ 15 having one spouse against the other, for any title.
The foregoing applies to acts verified by one of the spouses in fraud of the rights of the other.
ESTIMATION of the heritage end article 59.-the goods which constitute the final heritage be estimated according to the condition and value that they have at the time of the termination of the regime.
Assets transferred fraudulently, or free will be estimated in accordance with the State that had the day of alienation and the value that they would have if they had preserved until the day of termination.
FORM of payment Art. 60.-the participation in the profits must be paid immediately after clearance regime.
In the absence of agreement with respect to the payment in the participation in the profits, the judge may award the assets to each spouse to cancel its share of participation in earnings and may at the justified request of the creditor, order the sale in a public auction of property of the debtor spouse, so that your product is canceled the quota of participation in earnings.
FRAUD article 61.-when one of the spouses has performed acts in fraud of the rights of the other, it will be indebted to it for its amount, and also if the purchaser has acted in bad faith, the Act shall be void. SECTION fourth community deferred part first goods themselves and goods common features article 62.-deferred community property acquired for valuable consideration, the fruits, rents and interests obtained by either spouse during the existence of the regime belong to both, and shall be distributed upon dissolution of the same half.
The community is postponed by conform at the time of its dissolution, but means that the spouses have had it from the celebration of the marriage or the establishment of the regime.
REAL own article 63.-are of exclusive property of each spouse the following goods: index Legislative Assembly Legislative _ - Republic of EL SALVADOR _ 16 1) which is at the time of become the regime;
2O) which adquiriere during the life of the regime free of charge;
3O) which acquired in substitution of any falling in the two previous ordinals;
4th) which adquiriere during a consideration, when the cause or title of acquisition has preceded the establishment of the regime;
5th) compensation for moral or material damage inferred on their person or in their own possessions;
6th) the strictly personal belongings;
7th) the instruments necessary for the exercise of the profession or position of each spouse provided that they are not part of a company or common establishment; and 8th) books relating to the occupation or trade of each spouse, the decorations and objects of a personal nature without commercial value, as the memories of family.
PROPERTY community article 64.-are community assets: 1o) wages, salaries, fees, pensions, awards, rewards and other emoluments from the work of each of the spouses;
2nd) the fruits, rents or interests that produce both the own goods and the common, deducted the cost of production, repair, conservation and charges tax and municipal;
3O) acquired for valuable consideration by either of the spouses;
4th) acquired as a result of aleatory contracts, like lottery, game, bet;
5th) the increase in value, because that is, of the property of either spouse;
6O) buildings and plantations in own goods made with funds from the common haber; and 7th) companies or establishments consisting of one of the spouses, with assets of the community.
_ Index Legislative Assembly Legislative - Republic of EL SALVADOR _ 17 presumption of goods in community article 65.-are presumed in community the existing goods held by either spouse, until proven that they are themselves goods.
PART second LAS loads and obligations of the community charges article 66.-are loads deferred community: 1a) the expenses of family education and of joint children;
2A) the costs of maintenance and education of the children of one of the spouses, when living in the marital home; otherwise the costs of these concepts shall be always borne by the deferred community, but will result in reinstatement in the time of the liquidation;
3A) foods that either spouse is obligated to provide by law to their ascendants;
4A) the cost of acquisition, management, and enjoyment of the Commons;
5A) the cost of ordinary administration of property of the spouses;
6a) the expenses that he or she causes the regular operation of the business or the performance of work, employment, occupation or trade of each spouse;
7A) the formation expenses of the children that the parents agree to pay;
and, 8a) debts incurred by either spouse in the administration of the home.
OBLIGATIONS Article 67.-the real community will respond in any case of the obligations of the spouses.
OBLIGATIONS of compensate article 68.-the spouse who take goods in community a sum to pay debts or personal obligations and, in general, which obtains avail staff of such assets, it should compensate the community. Also be observed as provided in article 61.
_ Index legislative Legislative Assembly - Republic of EL SALVADOR _ 18 contributions in money article 69.-If one of the spouses has made contributions of their own funds, to meet obligations to deferred community, is entitled to be reinstated him, with legal interests.
PART third administration of LA Community administration and disposal of the goods in community article 70.-during the marriage each spouse has the free administration and disposition of assets and common.
PROVISION of goods common by testament Art. 71-the spouses may stipulate by will of their respective share in the Commons to universal title.
When it is stated by will of a common good, to singular title, layout will produce all its effects if that property is defaulting to share part of goods in community that has corresponded to the testator; otherwise, the value that is at the time of the death of the deceased means legacy.
PART fourth dissolution and liquidation of the community dissolution JUDICIAL article 72.-La deferred community is dissolved by judicial decision, at the request of any of the spouses, in any of the following cases: 1) when the other spouse is declared incapable, absent, in bankruptcy or insolvency proceedings, or sentenced for breach of family duties of economic assistance;
2O) ahead of the other, acts devices or management that are fraudulent or that irrigated damage or danger to their rights in the community;
3O) if the other spouse has abandoned it, or were separated for six months at least.
In all these cases, you may request the preventive annotation of demand and the effects of judicial termination of the regime will be produced from the date in which it is firm resolution that the decretare with regard to spouses and third parties from the moment of its registration in the register index Legislative Assembly Legislative _ - Republic of EL SALVADOR _ respective 19.
EFFECTS of the dissolution article 73.-the dissolution of the regime of deferred community has the following effects: 1) creates the community of goods and, consequently, the Administration and disposition of community property is jointly spouses;
2O) are consolidated assets and liabilities with respect to goods in the community;
3O) ends the usufruct which had the community deferred assets of each spouse; & 4th) become payable bounties and credits existing spouses among themselves, and with the community.
LIQUIDATION article 74.-dissolved the deferred community will proceed to its liquidation, prior inventory of assets and liabilities.
If the spouses do not shall agree in the liquidation, it shall be judicially.
Active article 75.-the active will understand: 1o) in community property existing at the date of the dissolution;
2nd) the updated amount of the value that had the property that may have been illegal or fraudulently alienated by one of the spouses; and, 3o) the updated amount of the amounts that have been paid by the community and who were in charge only of a spouse and, in general, constituting credits of the community against any of the spouses.
PASSIVE article 76.-liabilities shall include: 1) the existing debt by the community at the date of the dissolution;
2nd) the amount updated from the value of the assets of any of the spouses, when restitution should do, by having been spent in the interests of the community;
3O) the amount updated from the damage produced in the goods referred to in the index Legislative Assembly Legislative _ - Republic of EL SALVADOR _ 20 previous ordinal, for its use for the benefit of the community;
4th) the updated amount of the sums which one of the spouses has contributed their own funds, to meet obligations that were in charge of the community;
5th) quantities which are credits from the spouses against the community.
PAYMENT of the debts of the community article 77.-practiced liquidation, will be paid first of all the debts of the community, starting with the food, which in any case shall be entitled to preference.
If not enough to pay for the others, be observed the provisions of the Civil Code for the priority of claims.
CASH payment Art. 78-the payment of the debts may be in cash, or by adjudication of common goods; But if any shareholder or creditor so requests with just cause, will proceed to dispose of them and they will be paid with the amount.
COMPENSATION and refunds article 79-after paid the debts and charges of the community, shall be paid compensation and reimbursements owed to each spouse, making the compensation that apply when any one of them is indebted to the community.
You have of the community article 80.-the remnant that results after made the deductions that you try the previous articles, is the having of the deferred community, which will be divided in half between the spouses or their respective heirs.
Awards preferential article 81.-each spouse is entitled to preferably included in its respective credit, to the extent of this: 1) goods for personal use;
2nd) the premises where has been exercising his profession or trade;
3O) agricultural, commercial or industrial exploitation with his personal work; & 4th) the dwelling where they had their habitual residence in the case of death of the other spouse.
_ Index legislative Legislative Assembly - Republic of EL SALVADOR _ 21 Art. 82 food supply-the common mass of goods food will be spouses or to the survivor and children, during the liquidation.
RULE extra article 83.-in matters not provided for on the faction of inventory, pricing and sale of goods, the community flow division, awards to participants and others which have not been expressly regulated, be observed rules of inventory, partition and liquidation of the inheritance, in what may be applicable.
SECTION QUINTA CAPITULATIONS marriage concept article 84.-are PRENUPTIAL agreements concluded to determine, modify and replace the PATRIMONIAL regime of marriage, including the Constitution of the room right about a particular property and the legal situations provided for in article 46 of this law. (8) such agreements may take place before or after the marriage, and may not contain provisions contrary to this code and other laws of the Republic.
FORMALITY article 85.-the prenuptial agreement should grant deed or act before the Office of the Attorney-General or the auxiliary departmental procurators.
CAPITULATIONS granted by under article 86.-the less than as this code can marry, marriage settlements may be granted, but will require authorization from the people who must give the matrimonial consent.
EXPIRATION of provisions article 87.-Las prenuptial will produce its effects from the date of the marriage, and will be without value, if that is not concluded within the period of six months from the date of granting annulment of CAPITULATIONS Art. 88-the prenuptial agreement will be null and void in the same cases in which are the acts and declarations of will and In addition, be it those held in contravention of the provisions of the second paragraph of article 84 and article 85.
POWER special _ index Legislative Assembly Legislative - Republic of EL SALVADOR _ 22 article 89.-the marriage settlements may be held through proxy with special power of Attorney, given in writing, which must contain clauses governing the Patrimonial regime of matrimony.
In the same way the modification, replacement or completion of the regime may be granted.
Title III NULLITY and dissolution of marriage chapter I invalidation of marriage NULLITY absolute art. 90.-are causes of absolute invalidity of marriage: 1a) have been contracted to non-authorized official;
2A) the lack of consent of any of the Contracting Parties;
3A) where the intending spouses are of the same sex; and 4a) have been held to exist any of the impediments identified by this code,
except the impediment by the minority of age.
LEGAL standing article 91.-the absolute nullity of marriage shall decree ex officio by the judge when it appears evident within a process; and it may be claimed by any of the parties, by the General Procurator of the Republic, by the Attorney General or by any person concerned.
INVALIDITY by minority article 92.-the marriage null because of minority, validates by the passage of time that doeth failure so that the intending spouses reach the age required by law to celebrate, if being púberes have made life in common during this period, or if any conceived women.
NULLITY on Art. 93-are causes of relative invalidity of marriage: 1a) the error in the person of the other party;
(_ Index Legislative Assembly Legislative - Republic of EL SALVADOR _ 23 2a) physical or moral strength sufficient to compel consent;
3A) lack or inability of essential witnesses, or the lack of the Secretary in his case; and 4a) the minority of age;
INVALIDITY by ERROR Art. 94.-the nullity by mistake in the person may only be ordered by who suffered the error, and sanitizing for the period of three months from the day that had knowledge of the same.
For the purposes of this article means that the error in the person of the other party, understands that lies about their physical identity or some crucial personal quality in the provision of consent for marriage.
INVALIDITY by force article 95-the nullity of the marriage through the use of physical or moral force sufficient, whether it comes from the other spouse or a third party, can only be requested by the victim of force and sanitizing for the period of three months from the day they cease the force.
INVALIDITY for lack of witnesses or Secretary Art. 96.-La invalidity for lack of witnesses or the Secretary in his case or the established in the inability of those, only may be argued by the parties and sanitizing for the period of three months from the day of the celebration of the marriage.
COMPENSATION article 97.-the party who appears guilty of the nullity of the marriage, will be responsible for material or moral damage which may have suffered each party in good faith.
NULLITY declared in the foreign article 98.-the marriage that according to the laws of the country in which shrank may override on it, you can not void is in El Salvador, but according to Salvadoran legislation.
The Declaration of invalidity pronounced abroad, of a marriage celebrated in the Republic, only produce effects in El Salvador, if it is fundare in any of the reasons referred to in articles 90 or 93 of this code.
DUTIES and rights remaining Art. 99.-the nullity of marriage does not exempt the parents from the duties that have to index Legislative Assembly Legislative _ - Republic of EL SALVADOR _ 24 children and shall not affect the rights of third parties that have contracted in good faith with the spouses.
EFFECTS of the judgment of NULLITY art. 100.-to determine is who parents the personal care of children who may have procreated in a marriage declared null, the amount that parents must contribute to the cost of parenting and education of children and other effects, the rules provided for in this code for divorce cases shall apply.
EFFECTS on goods article 101.-the enforceable judgment of nullity of marriage will result in the property of the spouses, the same effects provided for cases of divorce without prejudice to the provisions of articles 97 and 103.
CANCELLATION and annotations marginal article 102.-Ejecutoriada the judgment of nullity of the marriage, the judge shall give notice to the Manager of the family State registry where the marriage certificate, you are seated so it is cancelled; Likewise, it shall inform the officer of the registry of the family state where items of birth of the intending spouses, they are seated to make marginal annotations of law.
EFFECTS of marriage null Art. 103.-the marriage concluded with the solemnities required by law and jurisdiction in the case of the causal 4a. Article 90 of whose nullity and those referred to in article 93, it produces the same civil effects as the valid; but it will stop producing civil effects from missing the good faith of the spouses, only with respect to these.
When the invalidity is ordered based on the ordinal 2nd. of article 14 of this code, civil effects that produce shall not include those relating to the regime of marriage.
Donations or pledges that have been made by the other spouse that was married in good faith, because of marriage will survive despite the Declaration of nullity of marriage.
Chapter II dissolution of marriage causes of dissolution article 104.-the marriage is dissolved by death real or suspected of one of the spouses and divorce.
_ Index legislative Legislative Assembly - Republic of EL SALVADOR _ 25 divorce article 105-divorce is the dissolution of the bond of marriage decreed by the judge.
REASONS for divorce article 106.-the divorce may impose: 1) by mutual consent of the spouses;
2nd) by separation of the spouses for one or more consecutive years. and 3rd) for being intolerable life in common between spouses. Means that there is this reason, in the event of serious or repeated breach of the duties of marriage, notorious for one of them or any other misconduct serious such.
In the case of the previous ordinal divorce may be requested only by the spouse who has not participated in the acts or facts that have the motive.
PENSION food special Art. 107.-when appropriate decreeing the divorce the spouse who has not participated in the facts that originated it adoleciere of disability or handicap preventing you to work, or has been declared incompetent and does not have sufficient subsistence means, the divorce will be Decree establishing the payment of an alimony to be fixed according to the affordability of the obligor and the special needs of the food; applying the General rules laid down for foodstuffs in else.
DIVORCE by mutual consent art. 108.-the spouses who intend to divorce by mutual consent, shall sign an agreement, which will contain at least the following clauses: 1a) the determination of the low spouse whose personal care will be the children subject to parental authority; and the regime of visits, communication and stay that have agreed, so that the father or mother not living next to their children, relates to the same;
2A) determination of the spouse on behalf of who must be fed the children; or expression of the proportion that can make each of the spouses for that purpose; with indication of the basis for the update of the amount of food and the real or personal guarantees offered for payment;
3A) determination of special maintenance that must be paid when appropriate;
(_ Index Legislative Assembly Legislative - Republic of EL SALVADOR _ 26 4a) expression of the spouse who shall be responsible for the use of housing and family use collateral; and 5a) fixing of the bases for the settlement of the community property when there is economic regime of community or for the liquidation of earnings or determination of compensatory pension, if any.
APPROVAL of the Convention article 109.-the Convention will be qualified by the judge, who will approve it if the agreements adopted does not violate the rights of children and recognized spouse in this code, in relation to the provision of food, regime of visits or other similar aspects. Otherwise and after joint hearing with interested parties, the judge may make modifications from the verdict, if it is that before, the spouses have not submitted new agreement that is fair and legal.
MODIFICATION of the Convention after of the sentence art. 110-Ejecutoriada the judgment of divorce, if occurs substantial alteration of the circumstances under which it was approved the Convention, this may be modified legally, or through another agreement granted in the same way as the original, prior approval of the judge, and must follow procedures of the previous article.
DIVORCE litigation Art. 111-in contentious divorce cases, when any child subject to parental authority, the spouses agree to who of them shall be responsible for the personal care of the children, on behalf of those who will be fed or the cuantia that this will contribute to each one, as well as the regime of visits, communication and stay of the children.
Such agreements will be manifested to the judge in common audience to designated for this purpose; without agreement between the spouses or if this undermining the interests of the children, the judge will decide on the sentence in accordance with the provisions of articles 216 and 217 of this code.
THE DECREE WILL BE IN ADDITION TO THE SPOUSE THAT IS CARE HAS BEEN ENTRUSTED THE CHILDREN STAFF, YOU SHALL BE RESPONSIBLE FOR THE USE OF HOUSING FAMILY, EVEN WHEN THE ROOM RIGHT HAS NOT BEEN PREVIOUSLY; AS WELL AS ON THE USE OF MOVABLE GOODS INTENDED FOR THE SERVICE OF THE FAMILY. IN THE EVENT OF HOUSING INTENDED FOR FAMILY USE WOULD BE TAXED, IN THE SAME SENTENCE OR THE JUDGE MAY DETERMINE THE OBLIGATION OF PAYMENT OF DEBTS, LOOKING FOR IN ANY CASE, THE WELFARE OF THE CHILDREN AND THE SPOUSE IN WHOSE PERSONAL CARE IS TRUST. IN THE ABSENCE OF HOUSING, IS AVAILABLE IN SUCH A JUDGEMENT IN FAVOUR OF THE SPOUSE IN QUESTION, OF A FEE FOR HOUSING. (8) if the divorce is decretare for the third reason of l06 article and the facts that made intolerable life in common between spouses, they constituyeren loss or suspension of parental authority, in the judgment of divorce the judge will Decree such loss or suspension.
_ Index Legislative Assembly - Republic of EL SALVADOR 27 SUSPENSION and modification of measures _ legislative article 112.-spouses agreements or resolutions laid down by the Court in the judgment of divorce, may be suspended or modified legally when they failed repeatedly or severe, or whether the circumstances that had the decision been changed substantially.
SPOUSAL Art. 113.-If the marriage has been contracted under the regime of separation of property, or if having been a Community regime therefor arrojare negative balance, the spouse to whom the divorce arrangements imbalance involving a noticeable deterioration in their economic situation, in comparison with which had within the marriage, shall be entitled to a pension in money to be fixed in the judgment of divorce based on the evidence that the effect is made.
To determine the amount of this pension and update databases, are taken into account agreements that have reached spouses, the age and State of health of the creditor, the professional qualification and the chances of access to employment, past and future personal devotion to the care of the family, the duration of the marriage and conjugal cohabitation collaboration with his work on the particular activities of the other spouse and the flow and financial means of each one.
In the same sentence the guarantees shall be fixed to make effective compensatory pension.
The right to this pension is extinguished by cesar cause that motivated him, by the new creditor marriage or living together maritally with another person, having committed serious insult against the debtor, or by the death of the creditor or the debtor.
The pension is extinguished when the alimony: deliver goods, constitutes the right of usufruct, use or room on certain goods, or deliver a total sum of cash to the food, if thus interested parties agree it or decides what the judge at the justified request of the debtor.
DEPRIVATION of PENSION Art. 114.-in divorce cases in which it is established serious harmful conduct of a spouse to the other, there will be no right to the payment of the compensatory pension provided by the article that precedes.
EFFECTS of the sentence article 115-the enforceable judgment that the divorce decree will produce the following effects: 1) the dissolution of the marriage, leaving the man in fitness for marriage, and women do the same if they have already passed three hundred days counted from the date of dissolution of the marriage, has given birth or if finds that she is not pregnant , or when the divorce has been decreed by separation of the spouses, in which case you can get married, at any time;
(_ Index Legislative Assembly Legislative - Republic of EL SALVADOR _ 28 2nd) the dissolution of the regime that has existed in the marriage; and, 3o) other effects prescribed by this code, relating to the personal care of children under age, amount of alimony, visitation, and others listed in the articles 111 and 113 of this code.
Home of effects of the sentence Art. 116.-the statement that the divorce decree will produce effect from the date that it is enforceable; but it will not affect third parties in good faith, but the date of the registration of divorce in the record of the family state.
Divorce does not exempt the parents from the duties towards the children.
DIVORCE DECREED in the foreigner Art. 117.-the divorce decreed abroad who have married according to Salvadoran law, only it will produce effects in El Salvador, where the grounds invoked is equal or similar to which this Code recognizes.
Title IV UNION non-MATRIMONIAL chapter unique concept and EXTENSION art. 118.-the non-MATRIMONIAL UNION that REGULATES this code, is the made up of a man and a woman without LEGAL impediment for marriage each other, they made life in common, in a SINGULAR, continuous, stable and notorious, for a period of one or more years. (8) the members of the union, will be called live-in partners or companions of life and shall enjoy the rights that it confers them in this chapter. Also shall enjoy those rights people who being púberes and meeting other requirements, because the coexistence have procreated a son and some of them don't have the age required for marriage, or it dies before completing the period of cohabitation.
REGIME PATRIMONIAL and expenses of family art. 119.-the property acquired for valuable consideration for the union and its fruits, as well as goods that each partner was the launching of the union, who decommitted will be applied to both cohabitants or his heirs, the rules of the regime of participation in earnings.
In regards to the expenses of family, the cohabitants are subject to what has index Legislative Assembly Legislative _ - Republic of EL SALVADOR _ 29 Article 38.
PROTECTION for the housing family article 120.-shall be applicable to the property that serves as a room the cohabitants and their family what has article 46.
RIGHT to happen Art. 121.-each one of the cohabitants will be called to the intestacy of the other succession in the same order as spouses.
ACTION CIVIL Art. 122.-in case of death, surviving life companion is entitled to complain to the civil responsibility, compensation for moral and material damage may have suffered.
STATEMENT JUDICIAL Art. 123.-for the enjoyment of the rights which confers the non-matrimonial union, requires prior judicial declaration of its existence. Such declaration shall be caused the death of one of the cohabitants or rupture of the union.
Whenever is required to certify the quality of partner, to make use of any of the rights granted by this code, that must be stated judicially.
CONTENT of the sentence article 124-the sentence declarative of the existence of the union, in the case of the first paragraph of the preceding article, determine: 1) date of onset and cessation of the union;
2O) property acquired by the cohabitants and the fruits of these should be established according to the regime of participation in earnings regulated in article 51 of this code;
3O) the filiation of children born during it, that not has been previously established;
4th) whom parents where appropriate, shall be responsible for personal care of children subject to parental authority held within it, the regime of visits, communications and stay the same, so that the parent who does not live with them, relate to their children; and the amount of the alimony to the other should contribute; and 5th) to who shall be responsible for the use of the goods furniture and housing _ index Legislative Assembly Legislative - Republic of EL SALVADOR _ 30 family, with the purpose of giving protection to the partner and the children under PARENTAL, disabled or handicapped, disabled or handicapped and other authority people who integrate the family group.
IN THE EVENT OF HOUSING INTENDED FOR USE FAMILY, WOULD BE TAXED, IN THE SAME SENTENCE OR THE JUDGE MAY DETERMINE THE OBLIGATION OF PAYMENT OF DEBTS LOOKING FOR IN ANY CASE, THE WELFARE OF THE CHILDREN AND THE SPOUSE IN WHOSE PERSONAL CARE IS DEMANDERS. (8) the certification of the judgment declaring the existence of the union, must register in the register of family status, and other public records, as appropriate.
EXPIRATION of the action article 125.-the Declaration of existence of the non-MATRIMONIAL UNION, must be ordered within three years from the date of RUPTURE of the same or the death of one of the COHABITANTS, barred.
THIS ACTION MAY BE INITIATED BY ANY OF THE PARTNERS OR THEIR HEIRS. (8) INTEGRATION WITH OTHER LAWS
Article 126.-the provisions of this title must be understood without prejudice to what other laws established in favour of the cohabitants or life mates.
Title V the kinship chapter unique kinship and class Art. 127-kinship is the relationship of family that exists between two or more people and may be by consanguinity, affinity or adoption.
KINSHIP by CONSANGUINITY article 128.-relationship by consanguinity is the existing between people that descend to some others, or a common parent.
_ Index Legislative Assembly Legislative - Republic of EL SALVADOR _ 31 kinship by affinity Art. 129-kinship by affinity is the existent one between one spouse and the relatives of the other.
Also there is kinship by affinity between one of the cohabitants and the relatives of the other.
KINSHIP by adoption article 130-kinship by adoption is which it originated, between the adopted, the adoptive parents and relatives with the same effects as blood kinship.
DEGREES and lines of kinship Art. 131.-the proximity of kinship is determined by the number of generations.
The number of generations from a common parent, form line of kinship.
Each generation is a degree.
Line and grade are determined in the same way in any kind of relationship.
The line is straight, as people descend each other, such as that of the father with the son or grandfather with grandson; and it is collateral or transverse, when people come from a common ancestor, each other as brothers, the guy with the nephew and the cousins.
EXTENSION of kinship Art. 132-the relationship by consanguinity in the straight line is undefined and recognizes the collateral line up to the fourth degree; in the of affinity, up to the second.
Kinship by adoption operates identical to the blood.
Book second FILIATION and State family title I affiliation chapter I provisions common _ index Legislative Assembly Legislative - Republic of EL SALVADOR _ 32 concept of SONSHIP Art. 133-filiation is the bond of family existing between the child and his parents. With respect to the father is called paternity and mother with respect, maternity.
KINDS of FILIATION Art. 134.-La filiation may be by consanguinity or adoption.
WAYS to establish the PATERNITY Art. 135.-La paternity is established by provision of the law, by voluntary recognition or by judicial declaration.
WAYS to establish the maternity Art. 136.-La maternity shall be established even without explicit recognition, with the proof of birth and the identity of the child, without prejudice to the right of the mother to challenge maternity in the case of false registration, in accordance with the provisions of article 196; and by judicial declaration.
PATERNITY or maternity false Art. 137.-is false fatherhood or motherhood when a person passes by the father or mother of another, not so.
FILIATION ineffective Art. 138.-established a filiation, shall not be effective another later that counteract the first, unless it is declared void by court ruling.
RIGHT to investigate the PATERNITY or the maternity art. 139.-the son has the right to investigate who are their parents. This law is passed to the descendants of the son and is imprescriptible.
In this case supported all kinds of test.
Chapter II FILIATION inbred section first of the PATERNITY index Legislative Assembly Legislative _ - Republic of EL SALVADOR _ 33 paternity part first establishment the PATERNITY by provision of the law origin article 140.-are set by Ministry of law, when suspected or determined in accordance with the provisions of this code.
PRESUMPTION of PATERNITY article 141.-are children of the husband boast born after the marriage and before the three hundred days following its dissolution or declaration of invalidity.
This presumption also will take place in case of nullity of the marriage, even though miss the good faith of both spouses.
However, the presumption established in this article shall not be applicable when the spouses have been separated for more than one year and the child may be recognized by somebody different from the father.
PRESUMPTION of PATERNITY in case again marriage the mother article 142.-If the mother has contracted other nuptials in contravention to the provisions of article 17, the paternity of the child that one is born after celebrated the new marriage, shall be established in accordance with the following rules: 1a) is presumed to be the son of the first husband if he is born within the one hundred and eighty days from the second marriage; and 2a) is presumed to be the son of her second husband, if he is born after one hundred and eighty days of the celebration of the second marriage, even if the birth takes place within 300 days of the dissolution of the first.
SECOND part voluntary forms of recognition recognition art. 143.-the father may voluntarily recognize the son: 1o) in the departure of birth of the child, to provide the data for your registration as a father. The departure shall contain the name and other details of the identity of this, who must sign it if it majordomo or threatened;
2O) in the public deed of marriage or the Act conferred before the offices of the departmental political Governors, Attorney General of the Republic and municipal mayors;
(_ Index Legislative Assembly Legislative - Republic of EL SALVADOR _ 34-3) in the minutes before the General Procurator of the Republic or departmental Assistant procurators;
4th) in writing, although the recognition is not the main purpose of the instrument;
5th) at will; and 6th) in writings or other judicial acts. In these cases the judge must extend certifications requesting them to interested parties.
RECOGNITION of the son not born and the son died Art. 144.-the father may recognize the conceived child and the deceased child, by any of the means set out in this code that may be applicable.
The son died only recognition will take advantage to their offspring.
SPECIAL ability to recognize Art. 145-the younger adults have the capacity to recognize his paternity, without authorization or consent of their legal representatives.
RECOGNITION caused Art. 146.-the son has not been recognized, shall be entitled to that the alleged father is summoned before the judge, to declare if you think be it. THE JUDGE IN HIS DISCRETION, MAY ORDER ANTHROPOMORPHIC BIOLOGICAL AND HEREDITARY, SCIENTIFIC TESTS OF THE ALLEGED FATHER. (3) THE PREGNANT WOMAN IS ALSO ENTITLED TO THAT MAN WHO HAS CONCEIVED IS SUMMONED BEFORE THE JUDGE, TO DECLARE IF IT RECOGNIZES TO BE THE FATHER OF THE CREATURE THAT IS BY BIRTH. (3) THE REFUSAL OF THE ALLEGED FATHER TO APPEAR BEFORE THE JUDGE OR TO UNDERGO PATERNITY TESTING, WILL BE CONSIDERED AS POSITIVE THE EXISTENCE OF BIOLOGICAL LINK, WITHOUT PREJUDICE TO THE RIGHT TO CHALLENGE IT. (3) WITHOUT PREJUDICE TO THE ACTION OF THE JUDICIAL DECLARATION OF PATERNITY, PROCEEDINGS TO THAT RESULTS IN THIS ARTICLE, ONLY MAY BE PROMOTED FOR ONCE, AGAINST THE SUPPOSED FATHER. (3) IN THE PROCESSES OF FORCED RECOGNITION OF PATERNITY, WILL OPERATE FOR THE BENEFIT OF THE PLAINTIFF, THE REVERSAL OF THE BURDEN OF PROOF, BY MEANS OF WHICH, THE RESPONDENT WILL BE FORCED TO PROVIDE THE EVIDENCE NECESSARY FOR THE RESOLUTION OF THE CASE. INACTIVITY OR OPPOSITION OF THE RESPONDENT TO PROVIDE THE NECESSARY PROOF, WILL BE _ INDEX LEGISLATIVE LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR _ 35 AS A RESULT, THE LEGAL PRESUMPTION OF ATTRIBUTED AUTHORSHIP, WHICH CAN BE CHALLENGED ONLY IN THE TERMS PROVIDED FOR IN THIS CODE. (6) IRREVOCABILITY article 147.-the recognition of paternity is irrevocable.
THIRD-party statement JUDICIAL of PATERNITY right of demand LA Declaration Art. 148.-the child not recognized willingly by his father, or whose paternity is not presumed according to the provisions of this code, you have the right to demand the judicial declaration of paternity.
RECOGNITION legal PATERNITY Art. 149-the paternity will be declared by the judge where the express or tacit manifestation of the intended father, of his sexual relationship with the mother during the period of conception, of the possession of the child status, or other similar events which is unequivocally infers the paternity.
It is presumed the paternity of a man who has lived with the mother during the period of conception, except the absence of biological link.
ACTION of PATERNITY Art. 150-the judicial declaration of paternity action corresponds to the son and if it has died, their descendants, against the so-called father or his heirs, or against the curator of heritage lying. This action is imprescriptible.
If it were declared paternity, the mother and the child entitled to claim father compensation for moral and material damages to any place in accordance with the law.
PART fourth of the challenge of the PATERNITY challenge by the husband Art. 151.-in the husband's life no one can challenge paternity that attributed to it by law, but the same husband, proving that the son could not be fathered by him; except in the case of the action of the child when it exercised its right to investigate paternity pursuant to articles 138 and 139.
_ Index Legislative Assembly - Republic of EL SALVADOR _ 36 revocation of article 152 action-legislative action that the husband has to contest the paternity of the son who goes through his own, expires after ninety days from that on which he had knowledge of paternity that is attributed by law.
The residence of the husband in the place of birth of the child, shall presume that he knew immediately unless proved there it has been concealment of birth by mother.
If the time of the birth is found the absent husband, it shall be presumed that he knew immediately after his return to the residence of the woman, except in the case of concealment mentioned in the preceding paragraph.
The term that this article speaks is suspended for physical or mental inability to the husband of having knowledge of the fact.
CHALLENGE of PATERNITY of the husband by third Art. 153.-If the husband dies before of expired term that gives this code to ignore the child, or until it is born, may challenge the paternity in the same terms the heirs of the husband, his ascendants, although they do not have any part in the succession, and any other person to whom the alleged paternity irrogare current prejudice.
This right will not take place if the husband has recognized the child as his own by any of the means referred to in this code.
This action expires 90 days from the date in which stakeholders knew death of the father, or if you have this disappeared, since the first decree of possession granted to his presumed heirs, or that knew the birth of the child, if it occurs after the death of the father.
EXCEPTION of PATERNITY Art. 154.-If stakeholders have been declared heirs without contradiction of the alleged child, may oppose the exception of non-paternity at any time that he or his heirs disputaren them their rights.
TRY the son during the trial art. 155.-during the trial the son will be considered and treated as the husband's, but judicially declared non-paternity, husband or any other claimant entitled to compensated the mother of all harm that the alleged paternity nterest.
CHALLENGE of the volunteer recognition _ index Legislative Assembly Legislative - Republic of EL SALVADOR _ 37 Art. 156.-the voluntary recognition of paternity may be challenged by the son, the ancestors of the father and who have current interest, proving that the child not has been to father the reconociente. In relation to the child action is imprescriptible.
EXPIRATION of the action article 157-the ancestors of the father can not challenge the recognition, within ninety days after that you have knowledge of the Act.
Other stakeholders may not challenge the recognition after three hundred days after one that took interest in this and were able to assert their rights.
ACTION of NULLITY of Art. 158 recognition-the nullity of the voluntary recognition of paternity, vices of consent, must ask for it the reconociente within a period of ninety days since it ceased or met the Vice that invalidates it.
SECOND section of the maternity recognition volunteer Art. 159.-the voluntary recognition of maternity leave may be done by any of the forms of voluntary recognition of paternity.
The provisions of article 145 is applicable in this case.
PRESUMPTION of recognition art. 160.-it is presumed that a woman has recognized as his a son, when the birth certificate is recorded the name of the concept of mother.
STATEMENT JUDICIAL of maternity Art. 161.-when not taken place voluntary recognition of maternity, the child has the right to request the judicial declaration of the same.
Motherhood will be declared by the judge when it appears proven in the fact of birth and the identity of the child process, or when it results from the express or tacit manifestation of the mother, or the possession of State.
In the trials of motherhood are applicable the articles 148 and l50 subsection first.
_ Index legislative Legislative Assembly - Republic of EL SALVADOR _ 38 challenge of motherhood article 162.-motherhood may be challenged by false birth or impersonation of the purported child to the real.
They have this right: 1) the son;
2nd) the real father or mother, or both, to confer to the son or the descendants of this family rights;
3O) the alleged mother to ignore the child that passes through his;
4th) the spouse of the alleged mother to ignore the child that passes through his; and 5th) every other person who putative motherhood currently prejudiced in their rights to testamentary succession or intestacy, of the alleged father or mother.
TERMS of challenge Art. 163.-the persons designated in the ordinals 3o) & 4th) of the preceding article may not challenge maternity after one year, counted from the knowledge of the date that the son posed as yours. However, if you know some new fact inconsistent with the putative maternity, can be challenged by the same people during the period of ninety days from the knowledge of the fact.
The persons mentioned in the 5th ordinal) of the preceding article, you can not challenge motherhood, within ninety days after that they are aware of the death of the father or mother, if they are present, or since his return, if si estuvieren they are absent.
(For persons referred to in the ordinals 1st) and 2nd) of the same article, the action is imprescriptible.
SANCTION by fraud article 164-to none of those who have participated in the false birth or personation, fraud will benefit in any way the discovery of such facts, or even to exercise on the child the rights of parental authority, or to demand food, or to succeed him on their property by cause of death.
Chapter III FILIATION ADOPTIVE section first provisions common _ index Legislative Assembly Legislative - Republic of EL SALVADOR _ 39 purpose article 165.-the adoption is an institution of protection family and social, especially established in best interests of the child, to provide it with a family that ensures their well-being and integral development.
The adoption of older is subject to the provisions of this chapter in whatever is applicable.
KINDS of adoption article 166.-the adoption may be granted in jointly or individually.
CONCEPT Art. 167.-adoption is by which the adoptee, for all purposes, becomes part of the adoptive family, as the son of these and dissociates itself in full of his biological family for which already do not correspond you rights or duties. Matrimonial impediments which establishes this code on the basis of kinship remain in force.
WARRANTY special Art. 168-to ensure the interest top of the minor and the respect of their fundamental rights, any adoption must be authorised by the General Procurator of the Republic and the Salvadoran Institute for protection of the minor and decreed by the competent judge.
ALL CHILD CONSIDERED SUBJECT OF ADOPTION, WILL NOT LEAVE THE NATIONAL TERRITORY WITHOUT THAT THE ADOPTION HAS BEEN DECREED BY THE COMPETENT JUDGE. (2) adopting joint and adopting INDIVIDUAL Art. 169.-adopting joint is which is decreed at the request of both spouses and only they can adopt in this form. If the adopter is one only, the adoption is individual. In this case the adoptee should use the surname of the adopter.
COMPLETION of the authority PARENTAL and the guardianship article 170.-La adoption puts an end to parental authority or guardianship to which the minor is subject, as well as to their personal care; and gives parental authority to the adoptive parents of adopted.
When you adopt one of the spouses to the son of another, it will not lose parental authority and will share it with the adopter.
REQUIREMENTS for all ADOPTER Art. 171-to adopt is required: _ index Legislative Assembly Legislative - Republic of EL SALVADOR _ 40 1) be legally capable;
2O) be greater than twenty-five years of age, except the spouses that have more than five years of marriage; and, 3o) own conditions family, moral, psychological, social, economic and health that show aptitude and willingness to assume parental responsibility.
They may ban Art. 172-not take those who have been suspended from the exercise of parental authority or private.
Article 173.-the adopter must be at least fifteen years older than the adoptee. Joint adoption, this difference will be established with respect to the adopter of younger age.
In the case of adoption by a single spouse, difference must exist also with the spouse of the adoptive parent.
The requirements of this provision, no effect in the case of the adoption of the child of one of the spouses.
CONSENT and under article 174.-for the adoption of a minor is necessary consent from parents whose parental authority I find subject.
When parental authority is exercised by a minor, the consent must be provided by them with the consent of his legal representative, or otherwise with the permission of the Attorney General. The Faculty of consent is non-delegable.
In the case of the adoption of persons under guardianship or minor orphans of father and mother, abandoned, or of unknown parentage or children of parents whose whereabouts is unknown, the consent must lend it the Attorney-General's Office, by itself or through specially empowered for each delegate.
The largest twelve-year-old must also demonstrate conformity with the adoption, even where it met the age range indicated during the course of the procedure.
Firm once the resolution that decrees the adoption, consent and conformity are irrevocable, but before this is retraction justified causes appreciated by the judge, who resolve will consult the fundamental principles of the adoption.
_ Index Legislative Assembly Legislative - Republic of EL SALVADOR _ 41 existence of other children several adoptions art. 175.-does not oppose the adoption that the adopter has children, or cease its effects because they may come upon you or recognize them.
A person may request that they will enact several adoptions through separate and successive proceedings, not being able to start new procedures, while there is no firm in the previous court ruling. However, when it intends to adopt two or more brothers, adoptions may continue in a single process and efforts are made to remain United.
COEXISTENCE to adopt a less specific article 176-when attempting to adopt a minor who has made family life with his adopter this must have lasted at least one year. This term shall not be required if between the adoptee and the adoptive parent there is kinship.
ADOPTION by the guardian art. 177.-the guardian may not adopt his pupil while they have not been judicially approved the accounts of his administration and paid the balance that results against.
Constitution and IRREVOCABLIDAD Art. 178.-the adoption is constituted since it is sign the judgment that decrees it, which is irrevocable.
NULLITY art. 179.-is null which is decreed: 1) by officials who do not have jurisdiction in the matter;
2O) without consent or compliance, of any of the people to those concerned to grant them; or in the case of parental authority exercised by minors, without the consent or authorization of those prescribed by the second paragraph of article 174;
3O) if the adopter is absolutely unable to;
4th) mediating force or fraud; and 5th) without the consent of the spouse of the adoptive parent.
CONSEQUENCE of other infringements art. 180.-Las violations of legal norms not sanctioned with invalidity will not void the adoption, but the officer that you are attributable, or under his responsibility were committed, index Legislative Assembly Legislative - Republic of EL SALVADOR _ _ 42 shall incur a fine of five days of salary for each violation; case of an administrative officer, fine you will be imposed by the judge hearing the adoption, and, by the appropriate higher court or the Supreme Court of Justice, by denunciation of anyone interested, after hearing of the alleged infringer.
ADOPTERS Art. 181.-can adopt jointly spouses who have a stable home.
The age of each adopter may not exceed by more than forty-five years to the adoptee, but this limit will not prevent the adoption of the child of one of the spouses, of a relative in the second degree of affinity or fourth degree of consanguinity of any of them, nor of the minor who has lived with the adoptive parents for at least one year , whenever the judge considers that the adoption is suitable for the adoptee.
ADOPTED article 182-Podran is adopted: 1. children of unknown parentage; abandoned or orphaned of father and mother. It is considered abandoned, any minor who is in a situation of deficiency, which affects their protection and comprehensive training in the psychic or moral, material aspects by action or omission;
2. minors who are under the care of their parents or other relatives, provided that there are convenience and justified grounds for the adopted, qualified cautiously by the judge;
3. the older, if before being so they have been under the personal care of the adoptive parent and there are among them emotional ties similar to those attached to children and parents;
4. the son of one of the spouses.
Adoptive parent single married Art. 183.-the adopter individual married, need the consent of your spouse to adopt a child. The consent is not necessary when that spouse has been declared incapable, missing or presumed dead, or when the spouses have more than one year of being separated in absolute form or divorced.
In the cases of the preceding paragraph, the other spouse may subsequently adopt a child, if it meets the requirements set out in this code, case in which the adoption shall have all the effects of the joint.
(_ Index legislative Legislative Assembly - Republic of EL SALVADOR _ 43 section second adoption by foreigners special requirements article 184-foreigners not domiciled for adopt a minor, must observe the procedure legally, and in addition to the General requirements, check the following: 1.) Have at least five years of marriage;
2o.) that meet the personal requirements to adopt required by the law of their domicile; and 3rd.) Check that a public or State institution for protection of children or the family, his home, will ensure that the interests of the adoptee.
Adoption by foreigners will take place when the chances of adoption at the local level, and preferably with citizens of States which had ratified treaties or conventions, international agreements on the subject have been exhausted.
ALL CHILD CONSIDERED SUBJECT OF ADOPTION, WILL NOT LEAVE THE NATIONAL TERRITORY WITHOUT THAT THE ADOPTION HAS BEEN DECREED BY THE COMPETENT JUDGE. (2) technical studies art. 185.-the social, psychological, and other studies to which the adoptive parents abroad, if they are performed outside the country, should be should be performed by specialists from a State, the place of their domicile, or public institution dedicated to ensure the protection of children or the family, or by professionals whose opinions are backed by an entity of such a nature.
In any case, these studies will be qualified by the institutions listed in article 168 of the code. Title II State family chapter I kinds of State family concept art. 186.-the State family is the legal status that has a person in relationship to the family and by which law attributed certain rights and duties.
The familial status may result by marriage or by parental bond.
En_relacion_a marriage, a person may have any of the following family States: _ index Legislative Assembly Legislative - Republic of EL SALVADOR _ 44 1) married, who have entered into marriage;
2O) widower, one whose marriage has been dissolved by the death of his spouse;
3O) divorced, one whose marriage has been dissolved by divorce; & 4th) Bachelor, who has not contracted marriage or whose marriage has been annulled.
In relation to kinship, a person may have family States such as father, mother, son, brother, uncle or nephew.
Chapter II the State family section first organization and operation object record, record CENTRAL records local Art. 187.-the registry of the State family and aims to the inscription of the facts and legal acts establishing, amending, or receive from the familial status of natural persons, as well as the preservation of information that contains.
There will be a registry Central of the State family member who will guide, coordinate and will monitor the work of all local records and will have to charge the Central file of records of the family state.
Local policymakers take the log of the family state are the municipalities of the Republic.
FACTS and acts which can be registered Art. 188.-in the registration of family status shall be recorded births, marriages, deaths, adoptions, divorces and other facts or legal acts of natural persons to be determined by the law.
FAMILIAL STATUS ACQUIRED ABROAD
Article 189.-marriages in foreign countries before the heads of permanent diplomatic mission and career consuls, as well as the patrimonial regime of marriage, shall be recorded in the Central Registry of the family state.
National marriages celebrated abroad to officials other than those mentioned in the previous paragraph, as well as births and deaths for Salvadorans that occurred abroad, should register at the Consulate of El Salvador that corresponds, based on legal documents issued by the competent authorities of the respective country, leaving record accurate documents in the seat which is verified at the consular office by proceeding otherwise as provided in the law organic of the service Consular of the Republic of El Salvador.
_ Index legislative Legislative Assembly - Republic of EL SALVADOR _ 45 if the inscriptions referred to in the preceding paragraph, foreign lending documents, has not been made may be submitted directly to its registration in the office of the Central Registry of the family state, provided that they are duly authenticated, and if translated into Spanish.
OBLIGATION to inform and term art. 190.-have obligation to appear at the offices of the registry of the family state that corresponds, to provide the necessary information of the facts or acts subject to registration, those persons to which such acts or acts generate rights or duties, who should do so within the 15 working days following the day they occurred.
The foregoing is without prejudice to the provisions of article 29 of the code.
TERM of registration and sanctions Article 191.-the facts and legal acts subject to registration, must register within a period of fifteen working days, counted from the day following that which take into office the information or documents in which are recorded data from the facts of a familial status, without any qualification.
You will incur a penalty established by law of the matter, the Registrar that I do not practicaré the registration of a familial status within the prescribed period.
The fine referred to in this article shall be applicable by the hierarchical superior of the charge of the registration of the family state, in accordance with the procedure prescribed by the law.
RESPONSIBILITY of the managers article 192.-the managers take the log of the family status will be responsible for the damages that deferring to those concerned by the omission or inaccuracy of any registration or marginalization by not seat it in legal form, for forgery and inclusion of facts, circumstances or statements prohibited by law; equal responsibility will be the untruths or inaccuracies which committed on certifications issued, all without prejudice to any criminal liability.
ERRORS of the Fund and omissions not RECTIFIED in time article 193.-Fund errors and omissions which they have inscriptions, whose remedies are not required within the year following the date in which the match, settled only may be rectified under judicial sentence or notarial action.
PENALTY for lack of notice Art. 194.-the person who must give notice for making some of the inscriptions prevented in this title, does not make it within the designated term, and the official or notary who has authorized a marriage or the recognition of a child and has no waste handled by within the term prescribed by index Legislative Assembly Legislative - Republic of EL SALVADOR _ _ 46 law the office of the corresponding register, the instrument evidencing the Act granted for the purpose of registration, they shall incur the penalties provided in the law on 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 in the law on the matter.
SECTION second round of State family test preferred art. 195.-El status family married, widowed or divorced, and the father, mother or child, must prove with the departure of marriage, divorce, birth and death, as the case may be.
AUTHENTICITY the seats Art. 196.-are legally presumed the authenticity of the facts and legal acts, as they appear recorded in the corresponding inscriptions, provided that these have been settled in accordance with the law.
The records make faith, of statements made by persons who have provided data for the settlement of inscriptions, but do not guarantee the veracity of those statements in any of its parts.
Certifications extended entries in accordance with the law by the officer, make full proof.
However, the certifications of the registry may reject proving that the person referred to the document is not the same which is intended to apply, or the falsity of the statements therein contained.
OMISSION or destruction of registration article 197.-When is any missing or destroyed the registration of family status, may be this declared judicially testing facts or legal acts which originated it or the notorious possession of the same.
If it omits or man defile the registration of the death of a person, you can also set is judicially.
For this purpose, responsible for the registry of the competent State family issued a certificate attesting to the failure or destruction.
_ Index legislative Legislative Assembly - Republic of EL SALVADOR _ 47 possession of State family of the child, Art. 198-possession of child family status consists of a set of facts that harmoniously considered, demonstrate the filiation of a person with his father and her kinship with the family to which it belongs. To establish possession of that State must be checked for, among other facts, that the father has treated the son as such, which has provided to his upbringing and education, by presenting it in that character to their relatives and friends, having these and the neighborhood of the place of residence of the renowned son that been, and lasted for three years at least, except that prior to this deadline has passed away one or the other.
POSSESSION of status family married Art. 199.-the possession of the family status married, consists of the man and the woman have been treated as spouses and in that character have been recognized by their relatives, friends and neighbours;
You must have lasted possession for at least three consecutive years, unless before having fulfilled the term, has passed one of them.
In any case, you should check that the documents evidencing the solemnization of the marriage have been destroyed or lost.
Chapter III registration regimes property of the marriage object article 200.-in patrimonial regimes of marriage registration shall register it, retain and provide information on such schemes, as well as its modification, replacement or extinction.
EXTRA rule art. 201.-the previous chapter to the family status and their registration, shall apply in whatever conducive, patrimonial regimes of marriage registration.
Book third of the relationships parental subsidiaries title I rights and duties of the children chapter single _ index Legislative Assembly Legislative - Republic of EL SALVADOR _ 48 equal article 202.-all children, either which is the nature of their filiation, have the same rights and family duties.
RIGHTS art. 203. are children: 1o) know who their parents are, be recognized by these and take their surnames;
2O) live in the bosom of his family, unless you can separate them from their parents, but for legal reasons;
3O) receive from their parents: parenting, education, protection, support and security; & 4th) inherit from their parents, on equal terms anyone who matter their filiation.
Article 204. are duties duties of children: 1) save their parents respect and consideration;
(2o) obey them while they are under your personal care: 3o) attend the in circumstances requiring it, especially in old age.
This obligation shall comply in relation to other ascendants, when missing parents; & 4th) contribute to family expenses, according to their possibilities, while they live with their parents.
OTHER rights and duties Article 205. the enumeration of rights and duties set out in this title, does not exclude the other recognized or established in the international conventions, in this code and other laws of protection of minors and elderly persons.
Title II of the authority PARENTAL chapter I _ index Legislative Assembly Legislative - Republic of EL SALVADOR _ 49 General provisions concept Art. 206-the parental authority is the set of powers and duties, which the law grants and imposes
the father and the mother on their minor children or declared incapable, so they protect them, educate, assist and prepare for life, and in addition, that represent them and administer their property.
Son of family is who is subject to parental authority.
EXERCISE of the authority PARENTAL Art. 207.-the exercise of parental authority corresponds to the father and mother jointly, or one only of them when the other.
Means missing the father or the mother, not only when it has died or has been declared dead alleged, but when it is ausentare of the national territory, is ignorare his whereabouts or is unable.
When the parents jointly exercise parental authority, may appoint by common agreement who of them will represent their minor children or declared incapable, as well as who will manage their assets. The respective agreement will be awarded in a public deed or act before the Office of the Attorney-General or the auxiliary departmental procurators.
When the filiation of the child exists only with respect to any of the parents, this shall exercise the parental authority. If any established opposition of the other parent, it shall not exercise the parental authority; However, the judge, according to the interest of the child, may be authorised to exercise it, when at the same time were the other parent.
ACTS of one of the parents article 208.-the acts performed in the exercise of parental authority by one of the parents, in situations of urgency in regard to applications or in special circumstances, it shall be presumed that they have the consent of the other.
This presumption will not operate when the child needs to leave the country.
DISAGREEMENT of parents article 209.-If arise disagreements in the exercise of parental authority, either parent can go to the judge, who shall seek to agree them, and where this is not possible will resolve without formation of judgment what suits the interests of the child.
If the disagreements may be repeated or there is cause of gravity which interferes in the exercise of parental authority, can the judge attributed the total or partially to one parent. This measure is valid for the period fixed by the judge, which may not exceed two years.
_ Index legislative Legislative Assembly - Republic of EL SALVADOR _ 50 parents under age Art. 210.-the children, father and mother shall exercise parental authority over their children, but the administration of property and representation in acts and related contracts, will be assumed by those who have the parental authority or guardianship of parents who exercise it jointly. In case of disagreement, the decision shall be taken by a majority.
If those who have the parental authority, commit in frequent disagreements that badly entorpecieren the exercise of management and representation, the judge at the request of interested person or the Attorney General, shall appoint an administrator noting the provisions of article 277.
Shall also apply the above rule, if the guardian is not common to both parents.
If only one parent is less, the largest will manage assets and will represent the child in the acts and contracts expressed.
Chapter II care PERSONAL parenting article 211.-the father and the mother must raise their children with care; provide a stable home, adequate food and provide everything you need for the normal development of their personality, until they reach adulthood. On the function of care capabilities, skills and inclinations of the child must take into account.
WHEN IS TRY TO DAUGHTERS AND SONS WITH DISABILITIES AND THEY REACH THE AGE OF MAJORITY, WILL CONTINUE ENJOYING THE RIGHT OF FOOD NEEDED CHORD TO ITS CONDITION, PROVIDED THAT SUCH SPECIAL ABILITY, IS ACCREDITED TO THE COMPETENT LEGAL AUTHORITY. (7) if the son becomes of age and continues to study with advantage both in time and in performance, must be provided food until they end their studies or acquired profession or trade.
The father and the mother are obliged to care for their children since its inception.
DUTY of COHABITATION Art. 212.-the child under parental authority must live in the company of his father and mother or with one of them having it under your personal care. You may not, without your permission to leave the home and if you do so can parents do so using the procedure laid down in the law, if necessary.
The above is applicable to the case in which the personal care of the child has been entrusted by the parents or the judge, to another person.
_ Index legislative Legislative Assembly - Republic of EL SALVADOR _ 51 training MORAL and religious article 213.-the father and the mother dir igiran the formation of their children within the canons of morality, human solidarity and respect for others; encourage in them the unity of the family and its responsibility as children, parents and citizens.
The religious formation of children will be decided by both parents.
Education article 214.-it is duty of the father and the mother's education and fully educate their children, facilitate their access to the education system and guide them in the choice of a profession or trade.
If the child adoleciere physical or mental deficiency, should parents bring him special education and if disabled or handicapped, procure him also his rehabilitation. In any case, they shall ensure their welfare, even when he reached the age of majority. If physical or mental deficiency impedes you to fend for itself.
When the minor child there is cause of incapacity and is reasonably expected to continue after reaching his age of majority, until he meets it, parents must request the corresponding declaration for the purposes specified in this code.
CORRECTION and guidance article 215.-it is duty of the father and the mother's correct adequate and moderately to their children and aid, where necessary, specialized professionals or guidance services sicopedagogica in charge of schools or institutions of protection of children or the family.
In the event that the child's behavior may not be corrected by suitable means, the father or mother may ask the judge that provides measures tutelary, who will order the technical studies of the family group that it deems appropriate to decide,.
AGREEMENTS on the care staff Art. 216.-the father and the mother must care for their children. However, in situations of urgency may, by common agreement, trust such care while lasts the same person of their trust, without that for this reason they disregard their parental duties; This ability also has the father or mother who exercises only the personal care of the child.
When parents made no life in common, is separaren or divorciaren, the personal care of the children you will have either of them, as they agree it.
Without agreement between the parents or be undermining the interest of the child, the judge will entrust your personal care to the father or mother that best ensure their well-being, taking into account their age and the moral, affective, family, environmental and economic circumstances that apply in each case.
_ Index Legislative Assembly Legislative - Republic of EL SALVADOR _ 52 will be heard the child if that were most twelve-year-old and, in any case, the Attorney General of the Republic, who based his opinion on technical studies.
If either parent is fit to care for the child, can the judge trust what someone else applying in this case the provisions of article 219.
PROVIDED THAT THE JUDGE OR TRUST THE CARE THE CHILD'S PERSONAL, SHALL FIX THE AMOUNT OF THE FOOD WITH WHICH PARENTS MUST CONTRIBUTE, ACCORDING TO THEIR RESPECTIVE MEANS; LIKEWISE, ESTABLISH THAT THE SPOUSE HAS BEEN ENTRUSTED TO WHICH CARE THE CHILDREN STAFF, YOU SHALL BE RESPONSIBLE FOR THE USE OF HOUSING FAMILY IN ACCORDANCE WITH ARTICLE 46 OF THIS LAW. (8) relations and treatment article 217.-the father and the mother, although they not marriage with his son, must be kept with the affective relations and the personal treatment that favors the normal development of their personality. When necessary, the judge may regulate the time, mode and place that is required to do so.
Who has the personal care of the child may not prevent such relations and treatment, unless at the discretion of the judge they deem contrary to the interests of the child. If you are not the judge it takes measures that better protect such interest.
Also have communication with the child right to grandparents, relatives and other persons showing a legitimate interest, whenever this proves not injurious to the physical and mental health of the child.
Article 218.-the assistance parents must morally and financially assist their children subject to parental authority, that they may be involved in juvenile or criminal processes and supply costs requiring legal assistance.
ABANDONMENT of the child, Art. 219.-in case of death, severe illness of their parents or when for any reason the child will stay helpless, the judge with the urgency of the case temporarily entrusted their care to any of their grandparents and if this is not possible, make use of a specialized entity.
The judge, at the choice of the person will prefer the consanguineous next grade and especially to ascendants, taking into account the interest of the child.
CHILDREN absent from home Art. 220.-whenever the child under parental authority or personal care ausentare home and is found in urgent need and could not be assisted by their parents or by who is under his care, the authorization of these shall be presumed that any person provide food.
_ Index legislative Legislative Assembly - Republic of EL SALVADOR _ 53 which doeth supplies, will warn as soon as that is possible to parents who have personal care or to the Office of the Attorney-General or auxiliary departmental procurators and shall have the right in this case, that will restore the value of the supplied.
EXPENSES incurred by the children Art. 221-the expenses caused by the performance of the duties referred to in this chapter, correspond to both parents in proportion to their economic resources, or one only of them by failure of the other.
If the child has own property or income, you must provide especially at his own expenses of parenting and education and contribute to the expenses of his family.
Grandparents are required according to their economic possibilities to assume the costs of ageing and others referred to in this chapter, where parents lack the resources.
CRIMINAL liability article 222.-the parents who abandonaren moral and materially to their children, or fail to comply with the duties inherent to the parental authority or abuse in the exercise of the right of correction, be liable under criminal law, without prejudice to demand the fulfillment of the duties established by this code and other laws.
Chapter III representation LEGAL representation of the child article 223.-the father and mother that practicing the parental authority, children represent minor or incapable and shall ensure the conservation and defense of those who have conceived. The father or the mother to whom the personal care of the child, has been entrusted by judicial resolution will have exclusively the legal representation of the same.
Except for such representation: 1) acts relating to rights of personality and others that the child, in accordance with the law and the conditions of their maturity, can perform by itself;
2O) acts relating to goods excluded from the administration of the parents; and, 3o) when there are interests opposing one or both parents and the child.
REPRESENTATION LEGAL of the Attorney GENERAL of LA Republic Art. 224.-the Attorney General of the Republic shall have the legal representation of the minor orphans of father and mother or of unknown parentage or abandoned elders unable, the index Legislative Assembly Legislative - Republic of EL SALVADOR _ _ 54 children who for legal reasons have left the parental authority and those who for any reason neither of legal representative While it does not provide them tutor. You will also need in the case of the ordinal grades 3 of the preceding article.
LEGAL representation of the administrator article 225.-the person appointed in accordance with the rules of this title only to manage assets of the child, you will need legal representation of this in acts relating to such property.
Chapter IV of the administration of the goods diligence on LA administration Art. 226-the parents manage and take care of the assets of the children under their parental authority; perform all the administrative acts in ordinary in order to preserve and make such goods more productive and will be jointly and severally responsible for up to the slight fault.
GOODS that the parents not administered Art. 227-the parents will not administer property acquired by his son by way of donation, inheritance or legacy, when the donor or testator so has arranged it explicitly, in which case the Administration will be in charge of the person designated by the donor or testator, and, failing, why will appoints the judge.
If only one of the parents ban has been imposed, the Administration will correspond to the other.
The father or mother not administered goods that have passed to son by indignity or incapacity of the father or the mother or both.
ASSETS managed by the son Art. 228.-the son will manage acquiring goods gone with their work or industry, if any already fourteen years of age.
WAIVER of inventory or SURETYSHIP Art. 229.-the parents are not obliged to inventory goods that manage. However, they must be a lengthy description of such goods since they begin to manage them.
Not compelled to provide conservation and restoration bond. However, when exercised administration endangers property of the child, the judge, ex officio or at the request of the child or the Attorney General or relatives of him up to the fourth degree of consanguinity, may require bond and dictate measures as it deems necessary for the safety of goods or appoint another administrator.
_ Index legislative Legislative Assembly - Republic of EL SALVADOR _ 55 need authorization JUDICIAL Art. 230.-parents may not transfer the domain of corporal and incorporeal property of the child, including the acquired with their work or industry, or mortgage their property or acquire credits, unless it precedes authorization of the judge, who will only give it when certifying the need or the manifest utility's operation.
IF THE AUTHORIZATION JUSTICE IS FOR SALE, THE SALE IS IT WILL IN A PUBLIC AUCTION, AND THE PRICE OF IT MAY NOT BE LESS THAN THE VALUE THAT THE EXPERTS ASIGNAREN GOODS. (9) the sale of the movable property whose value does not exceed a thousand colones, not require judicial authorization. Neither the leasing of goods will require it, of any kind that may be; but the lease term shall not exceed three years, or which fails so that the child is of age, except as otherwise provided by special laws.
MANAGEMENT of the funds from LA ALIENATION Art. 231.-Los parents will need to invest the proceeds of the sale or the amount of the credit in what the judge authorized and the balance, if any, immediately deposit it in an institution of credit in favour of the child and use it to what best suits, all of which checked the General Procurator of the Republic.
Parents who destinaren the proceeds of the sale or the amount of the credit to purposes other than those authorized, shall be liable in accordance with the law and shall indemnify the son damages that caused him.
PROHIBITIONS special article 232.-the parents may not disown a donation, inheritance or legacy in favour of the child, if not with judicial authorization, or to accept an inheritance that is any delay you, but with the benefit of inventory.
Under no circumstances may compel the son as a co-signer or guarantor.
DESTINATION of the fruits Art. 233-belong to the son the fruits of all their goods. If parents neither financial resources or these may be insufficient, shall allocate the fruits of property who administer, the sums required for the cost of raising and educating the child and if this conviviere with them, also for the expenses of the family.
When the Administration exercised by someone else, this should give parents or who has the care of the child, the part of the necessary fruits for the purposes stated.
_ Index legislative Legislative Assembly - Republic of EL SALVADOR _ 56 RETRIBUTION for acts of Administration art. 234.-father and mother that practicing a complicated or difficult administration, or that demand constant attention, are entitled to receive economic compensation which will be set by the judge, taking into account the amount of assets managed and attention or effort that requires his administration.
DEPRIVATION of the Administration article 235-the father and mother will be deprived of the administration of the property of the child, when they are guilty of fraud or gross negligence, in which case, the administration shall be exercised by the person whose name the judge. If only one of them is the culprit, the other will retain management.
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 parents for the administration of the property of the child and also have the powers and duties of guardians.
AUTHORIZATION of the parents or the administrator article 237.-the son of family, outside the case referred to in article 228 of this code, may not conclude any act or contract without the consent of the parents or person who otherwise exercises administration; If I make it, not be liable until the concurrence of the benefit that has been reported of them and will respond with the assets that it acquired through their work or industry.
Acts or contracts that the son of family celebrare with authorization from their parents or the person
to exercise administration, or that these ratificaren, will be directly binding parents or the administrator and secondarily to the son, to concurrence of the benefit this has been reported.
MANAGEMENT of asset of which is by birth article 238.-the parents or the mother in the case, will administer the assets that will eventually belong to the son who is about to be born, with the same powers and restrictions in this chapter, which is applicable.
Chapter V extinction, loss, SUSPENSION and extension of the authority PARENTAL causes of extinction article 239.-the parental authority is extinguished by the following causes: 1a) by the real or presumed death of the parents or of the son;
2A) by the adoption of the child, except in case of the second paragraph of article 170;
(_ Index Legislative Assembly Legislative - Republic of EL SALVADOR _ 57 3a) by the marriage of the son; and 4a) by serving the son of age.
CAUSES of lost article 240.-the father, the mother or both will lose parental authority over all their children, by any of the following causes: 1a.) When they corrompieren some of them or promoting or facilitaren its corruption;
2A.) when they abandonaren some of them without just cause;
3A.) when they commit in any of the behaviors listed in article 164; and 4a.) When are convicted as the authors or accomplices of any intentional crime, committed in any of their son.
CAUSES of SUSPENSION Art. 241-the exercise of parental authority is suspended to the father, or mother, or both, for the following reasons: 1a) by routinely mistreating the child or allow any other person to do so;
2A) by alcoholism, drug addiction or notorious immorality that endangers the health, safety or morals of the child;
3A) by suffer from mental illness; and 4a) by unjustified absence or prolonged illness.
Court ruling Art. 242-the loss and the suspension of the parental authority must decreeing Court of law, at the request of any blood of the son, the General Procurator of the Republic or by the judge ex officio. In the judgment of suspension judge may order, as the case may be, that the father or mother to whom parental authority be suspended be referred to sicopedagogicos treatments or physicians, in order to promote their healing or regeneration.
If the loss or suspension of parental authority is decretare against one of the parents, that will be fully exercised by the other, but if both parents are privare them or be suspendiere them such authority, will be appointed guardian as set out in Article 299 of the code.
_ Index legislative Legislative Assembly - Republic of EL SALVADOR _ 58 as precautionary measures article 243.-While it is transacted trial loss or suspension of parental authority, the judge may order the exclusion of domestic violence of the father or mother who has given rise to the demand and it may decide to care for the child to any of their next of kin , or failing, reliable person and lack of one and another, the income of the child to an entity of protection, ensuring anyway it for this.
RECOVERY of the authority PARENTAL Art. 244.-the parental authority can recover when cesaren the causes that gave rise to the suspension or is proved the regeneration or the healing of the father or the mother.
EXTENSION and restoration of the authority PARENTAL Art. 245-however the causal 4a provisions) of article 239 of the code, parental authority will be extended by the Ministry of law, if the child because of disease has been declared incompetent before reaching adulthood.
Parental authority is restored on the eldest son of unable to age, who has not established a family.
Extended or restored, parental authority shall be exercised by the parent who would be if the child is a minor, and shall terminate, will lose or be suspended for the reasons set out in this chapter, as applicable.
PERSISTENCE of the duties economic Art. 246.-the loss of parental authority or the suspension of its exercise, do not relieve parents of the economic duties imposed by this code to their children.
BOOK room assistance family and guardianship title I LOS food chapter only concept Art. 247. are food benefits that allow you to meet the needs of livelihood, room, dress, preservation of the health and education of the food.
(_ Index legislative Legislative Assembly - Republic of EL SALVADOR _ 59 subjects of the obligation food article 248.-it should reciprocally food: 1) the spouses;
2O) ascendants and descendants; up to the second degree of consanguinity; and, 3o) brothers.
FOOD to the female pregnant Art. 249.-set as fatherhood this code sets it, every pregnant woman has the right to demand food to the father of the creature, during all the time of pregnancy and the three months following childbirth, including delivery charges.
FOOD with several titles article 250.-who meet several titles to order food, you can only make use of one of them, and must demand them first to the spouse and in their absence, to the recipient that is the food in close degree of kinship with.
(Plurality of food art. 251.-when two or more food they have right to be fed by the same person and the resources are not sufficient to pay all, should be in the following order: 1) to the spouse and children;
2O) ascendants and other descendants; up to the second degree of affinity and consanguinity quarter;
However, the judge could distribute food pro-rata according to the circumstances of the case.
PLURALITY of ALIMENTANTES article 252.-when taken over two or more persons the obligation to provide food for a single title, the payment of the same will be proportional to the economic capacity of each one; However, in case of urgent necessity the Court may oblige one only of the alimentantes to provide them in its entirety, without prejudice to the right to claim others forced the part that corresponds to pay. The ruling is set to the amount of the amount that shall be responsible for paying each, such judgment shall be enforceable.
_ Index legislative Legislative Assembly - Republic of EL SALVADOR _ 60 enforceability article 253.-the obligation of giving food is enforceable since the food need them, but should be since the date of the filing of the demand.
PROVISION SOLVENCY pension food article 253-A-everyone NATURAL largest of eighteen years of age for purposes of the EXTENSION or renewal of passport, driver's license, circulation card and license for holding and carrying of firearms, as well as for the provision of commercial loans, must be solvent from the obligation to set up the room right about a building for the family home , OR IN ABSENCE THEREOF, THE FEE FOR HOUSING AND ON THE OTHER HAND PROVISION OF FOOD; DETERMINED IN THE FIRST CASE, PURSUANT TO ARTICLES 46 AND 111 OF THIS ACT, AND THE SECOND BASED ON A JUDICIAL DECISION OR ADMINISTRATIVE OR AGREEMENT CONCLUDED WITH THE ATTORNEY GENERAL OF THE REPUBLIC OR OUTSIDE IT, AS THE CASE MAY BE. THE COMPETENT OFFICES PRIOR TO THE EXTENSION OF THESE DOCUMENTS MUST VERIFY THE SOLVENCY OF SUCH OBLIGATION. (4) (8) THE SOLVENCY REFERRED TO IN THE PRECEDING PARAGRAPH SHALL BE CONFIRMED BY THE ATTORNEY GENERAL OF THE REPUBLIC, WHO SHALL MANAGE THE CORRESPONDING REGISTRY, AND MUST UPDATE AND CONSOLIDATE IT WITH THE PERIODICITY REQUIRED TO ENSURE THEIR EFFECTIVENESS AND PREVENT ANY VIOLATION OF RIGHTS. FOR THIS PURPOSE, THE ATTORNEY GENERAL OF THE REPUBLIC WILL KEEP SUCH REGISTRATION IN LINE WITH OFFICES RESPONSIBLE FOR EXTENDING THE DOCUMENTS REFERRED TO IN THE PRECEDING PARAGRAPH. (4) FOR THE PURPOSES OF REGISTRATION IN MENTION, THE FAMILY COURTS AND THE COURTS OF PEACE, MUST PROVIDE THE CORRESPONDING INFORMATION TO THE ATTORNEY GENERAL OF THE REPUBLIC, WITH THE FREQUENCY THAT IS DETERMINED. (4) IN THE CASE OF FAILURE IN THE SYSTEM COMPUTER'S REGISTRY, THE ATTORNEY GENERAL OF THE REPUBLIC SHALL ENSURE THE PROVISION OF THE SERVICE AT MENTION OF ALTERNATIVE MEASURES OR SYSTEMS SUPPORT PARALLELS THAT ARE NECESSARY. (4) TO OBTAIN THE SOLVENCY TO EXEMPT FROM THE OBLIGATION TO SET UP THE ROOM RIGHT ABOUT A BUILDING FOR HOUSING FAMILY, JUST THE PRESENTATION OF THE CERTIFIED COPY OF THE INSTRUMENT OF CONSTITUTION, REGISTERED IN THE REGISTER OF PROPERTY ROOT AND MORTGAGES, REFERRED TO IN ARTICLE 46 OF THIS LAW, OR STAY UP TO DATE IN THE PAYMENT OF THE FEE FOR HOUSING IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 111 OF THE SAME LAW. (8) A BREACH OF THE PROVISIONS OF THIS ARTICLE WILL MAKE THE OFFICIAL OR EMPLOYEE RESPONSIBLE FOR INCURRING CRIMINAL SANCTIONS. (4)
___________________________________________________________________ INDICE LEGISLATIVO
Legislative Assembly - Republic of EL SALVADOR _ PROPORTIONALITY 61 article 254.-the food shall be fixed by each son, without prejudice to persons laid down in Article 251 of the code, in proportion to the economic capacity of who is obliged to give them and the need of who requests them. Be taken into account both personal status and family obligations of the recipient.
PROVISIONAL food article 255.-While it airs the obligation of giving food, the judge may order to be temporarily give since they offer reasonable basis to do so, without prejudice to its restitution if the person who are sued, obtains acquittal. There shall be no right of restitution against who in good faith had tried to demand.
PREPAYMENT and future article 256.-the alimony shall be paid monthly in advance and subsequent form, but the judge, depending on the circumstances may bring fees for shorter periods. To the heirs of the food, there will be no obligation to return that this advance received by way of food.
PAYMENT in kind article 257.-it may authorize payment of the food obligation, in kind or in any other form, where in the reasonable opinion of judge reasons that exist.
IMMIGRATION restriction article 258.-the Court of family, peace or the Attorney GENERAL of the Republic on request of a party, may order that a person liable to pay provisional or definitive food, Court, administrative or Convention resolution, not to leave the country while not CAUCIONE prior and enough such obligation.
THE RESOLUTION BY MEANS OF WHICH THE IMMIGRATION RESTRICTION ORDER MUST BE ISSUED WITHIN TWENTY-FOUR HOURS OF THE SUBMISSION OF THE REQUEST. (4) THE PRECEDING PARAGRAPH SHALL ALSO APPLY TO WHOM SUSPENDUE OBLIGATION TO CONSTITUTE THE RIGHT ROOM ON A PROPERTY TO THE FAMILY HOME OR WITH THE PAYMENT OF THE FEE FOR HOUSING, AS APPROPRIATE, IN THE TERMS ESTABLISHED IN ARTICLES 46 AND 111 OF THIS ACT. (8) duration and modification of food PENSION article 259-foods that are by law are understood granted for the lifetime of the food, provided that the circumstances that legitimized the demand to persist.
_ Index legislative Legislative Assembly - Republic of EL SALVADOR _ 62 may modify alimony if they cambiaren the need for the food or the economic possibilities of the alimony.
INALIENABILITY and INALIENABILITY Art. 260.-the right to request food is INALIENABLE and indispensable, but the overdue alimony may be compensated. (10) the obligor to give food not may raise in compensation to food what this due you.
PRESCRIPTION article 261.-the right to collect the overdue alimony is IMPRESCRIPTIBLE. (10) article 262 IMPRESCRIPTIBLE.-alimony is entirely exempted from embargo.
CONVENTIONS before the Attorney GENERAL of the Republic and resolutions article 263-you'll have strength Executive agreements on food concluded between the recipient and the recipient before the Attorney-General of the Republic or the auxiliary departmental procurators.
Shall also be enforceable resolutions of the Office of the Attorney-General, which set alimony.
PREFERENCE and withholding wages Art. 264.-the alimony shall be entitled to preference in its entirety and when they affect salaries, wages, pensions, allowances or other emoluments or allowances of employees or workers, public or private, must be paid by the restraint system, without taking into account the restrictions that established other laws on embargabilidad. Ranked retention must be followed immediately by the person in charge make payments and failure to comply, shall be jointly and severally liable with the obligor to pay not retained food quotas, without prejudice to the criminal liability they incur for their disobedience.
Shipment of the retentions referred shall be by the person in charge, within three business days following payment of the respective salary.
FEES FOOD ARE A MATTER OF PUBLIC ORDER. (5) ____ index Legislative Assembly Legislative - Republic of EL SALVADOR _ 63 annotation preventive of the demand article 265.-you can ask for the preventive annotation of the demand for food in the corresponding registry.
The judge shall order it to be aware of the existence of assets or rights registered in favor of the other, in any public register.
EFFECTS of the annotation Art. 266-the preventive annotation of demand cancel any subsequent to this alienation and its effects will last until the cancellation order by judicial decree.
However, there will be no annulment in the disposition if this check by auction or judicial adjudication, whenever the preventive annotation of the demand for food is later than the date in which the execution or proceedings which gave rise to the alienation was promoted.
DELETE article 267.-the judge shall order ex officio the cancellation of the entry preventive of demand when it absolviere to the respondent or arise by the alimony sufficient guarantee that covers the alimony fixed by judicial decision, all the time which elapsed so less food reaches adulthood, or by not less than five years to persons laid down in article 248 of this code.
Also proceed such cancellation when it consignare the sufficient amount of money to pay for food, for the same periods referred to in the preceding paragraph.
FRAUD and FALSEHOOD Art. 268.-in case of fraud to obtain food, will be jointly and severally obliged restitution and compensation for damages, all those who have participated in it.
The falsehood that have incurred the alimony, his employer, boss or Manager to retentions, in order to conceal or alter the real income of the first, will do them incurring criminal liability.
LOST Law Art. 269.-will lose the right to ask for food: 1) which has committed crime against the legal assets of the recipient;
2O) who has lost parental authority; (and index Legislative Assembly Legislative _ - Republic of EL SALVADOR _ 64 3o) the father or mother who has been suspended in the exercise of parental authority, except when the cause of suspension may be dementia or prolonged illness of the alimony, but the loss will be limited to the period in which such an exercise is suspended; & 4th) when the food abuse physically or morally to the alimony;
CESSATION of the obligation Art. 270.-the obligation to food shall cease: 1) for the death of the food;
2O) when the food for his indolence or defects not dedicate to work or study with profit and performance, and can do so;
3O) when food is no longer need them;
4th) when the other by Dalos, proves in a situation of neglect their own food needs, or those of other people who have preferential right, with respect to the other; and 5th) when the food abuse physically and morally the alimony;
ASSIGNMENTS food voluntary Art. 271.-the voluntary food allocations made in Testament or by donation between living and the facts to the Attorney-General's Office, shall be governed by the will of the testator or donor and the respective Convention, provided that they do not contradict the provisions of this code.
Title II the Trusteeship chapter I provisions common concept Art. 272.-the guardianship or guardian is a charge imposed on certain individuals in favour of minors or unable to not subject to parental authority, for the protection and care of his person and goods and to represent them legally.
The guardianship of the minor married shall be limited to the administration of their property and representation in acts and contracts related to the same.
_ Index Legislative Assembly Legislative - Republic of EL SALVADOR _ 65 persons who exercise guardianship tutors or guardians; are called and pupils or protected subjects to it.
MANDATORY Art. 273-are obliged to perform the guardianship of the minor or unable to relatives who are fully capable.
Lack of relatives of the child or incapable, may exercise the charge anyone who comply with the legal requirements and consents to this.
CLASSES article 274.-the guardianship may be testamentary, legitimate or dativa.
Is probate, which is constituted by testament; legitimate, which is conferred by law; and dativa, it conferred on the judge.
PLURALITY of Guardian article 275. generally the supervision shall be exercised by a person; However they may exercise it more when the testator had prepared for it; or the judge considers it appropriate in the interests of the ward.
PLURALITY of WARDS Art. 276.-when they are subject to guard several brothers, will be appointed a single tutor for all
them, except that in the interest of the same suits name them different tutor each. Same rule applies in the case of underage spouses.
Also you can placed in guardianship to two or more persons, provided that has heritage indivision among them. Divided assets, many conservatorships are considered as assets are.
SUITABILITY of the Guardian article 277.-the appointment of guardian will be held by who for their personal conditions and their relationships with the minor or unable to be the most suitable for this. General rule will be that tutor and pupil are of the same sex.
TUTORS specific article 278.-when any conflict of interest between pupils subject to the same supervision, the judge will also provide specific tutors for attention and completion of the conflict, concluded which will stop in the position.
_ Index Legislative Assembly Legislative - Republic of EL SALVADOR _ 66 when the conflict is between the guardian and the pupil, the representation will correspond to the Office of the Attorney-General and auxiliary departmental procurators.
MEASURES necessary article 279.-While not be appointed guardian or not to discern the charge, the judge, ex officio or at the request of the Office of the Attorney-General or auxiliary departmental procurators, you must issue the necessary orders for the care of the child or incapable and the safety of their property.
HEARING under Article 280.-the children who already have completed twelve years of age shall be heard previously the appointment of legitimate guardian or dative, or to the discernment of the charge with respect to the testamentary guardian.
If the child expresses that the person who has exercised the guardianship is not suitable as provided for in article 277, the judge will make investigations as it deems appropriate and, if it seems necessary, hear at the Attorney-General's Office, after which will or not make the appointment, will detect the charge, or invalidates the appointment of probate conservator all the benefit of the minor cause such.
APPOINTMENT of administrator of goods article 281-which provides property gratuitously on behalf of minors or unable to, subject to guardianship, may condition the liberality, to real do not give them the tutor, but other person designated for that purpose. In such a case the judge, after hearing the Attorney General or the departmental Assistant Attorney matching, authorized the acceptance of liberality, unless it is inconvenient to the interests of the child, accept it in the terms in which it makes.
Case authorize acceptance, if not any person assigned for Administration or she will not accept the charge or is not ideal, will make the judge the designation.
RULES applicable to the administrators of goods Art. 282-the administrators of certain property of a minor or unable to, shall be subject to the provisions relating to the guardian, which is applicable.
JUDICIAL CONTROL of the guardianship Art. 283.-La supervision shall be exercised under the supervision of the judge, who shall act ex officio, at the request of the Office of the Attorney-General or auxiliary departmental procurators, or by any interested party. The judge may establish in the resolution whereby the guardianship is discerned, or in another post, the supervision and control measures deemed appropriate for the benefit of the ward.
Also may at any time require tutor that report on the status of the protected and the State of the administration.
(_ Index Legislative Assembly Legislative - Republic of EL SALVADOR _ 67 chapter II provisions special for each class of guardianship section first guardianship PROBATE law to appoint guardian Art. 284-Podran appointed guardian by will: 1) the father or the mother for children who are under their parental authority;
2O) grandparents to grandchildren who are subject to its supervision; and 3o) anyone else, for minor or unable to set up the heir or legatee.
When parents exercise parental authority together, or when grandparents exercise custody together, only will have efficiency the appointment of guardian made by any of the parents or grandparents who dies last.
SUBSTITUTE TUTORS Art. 285.-when the testator will appoints several guardians that are replaced each other, and it does not set the order in which to exercise guardianship, the judge shall appoint from among them that seems most suitable, in accordance with the criteria laid down by article 277 of this code.
TRANSFER of guardianship Art. 286.-If found on exercise a legitimate guardian or dative, submission of the probate, will be transferred immediately to this guardianship, unless the judge decides otherwise in the interests of the ward.
SECTION second guardianship legitimate part first guardianship legitimate of minor's age people calls Art. 287.-lack of testamentary guardianship takes place the legitimate.
They are called to the legitimate protection of minors, in the order that sets out: 1) grandparents;
(_ Index Legislative Assembly Legislative - Republic of EL SALVADOR _ 68 2nd) the brothers;
3O) the guys; & 4th) the cousins.
The judge may vary the above order, or dispense with, when there are justified grounds.
EQUAL degree RELATIVES Art. 288.-when any two or more relatives of equal degree, the judge will appoint a tutor among them that may be most appropriate in accordance with article 277.
GUARDIAN for minor married Art. 289.-However the order of appeal referred to in article 287, in the case of a married minor will be called to his/her legitimate, first spouse, if he is of age, without prejudice to the provisions of the final paragraph of that article.
When both were minor, it shall apply provisions of article 276 of the code.
SECOND part guardianship legitimate of older of age disabled budgets of the guardianship of older Art. 290.-Los older subject to guardianship when they are declared disabled and provided that they are not under parental authority extended or restored.
PEOPLE calls Art. 291-are called to the legitimate protection of the older, disabled, in the following order: 1) the spouse;
5th) the brothers;
6th) the guys; (and index Legislative Assembly Legislative _ - Republic of EL SALVADOR _ 69 7th) the cousins for the appointment of the guardian shall apply the provisions of article 277 of this code.
DISABILITY article 292-no one can be declared incapable but by court ruling, under legal grounds and with intervention, in his defense, the Office of the Attorney-General or auxiliary departmental procurators.
CAUSES of disability Art. 293. are causes of disability: 1a) mental illness chronic and incurable, although there are lucid intervals, and 2o) deafness, except that the deaf can understand and be understood in a way no doubt.
AUTHORIZATION for INTERNMENT article 294.-the detention of a suspected mental patient in psychiatric Center, will require prior judicial authorization; unless serious urgency necessary to take such a measure, in which case the owner of the Center, accepting their detention will notice immediately to the judge, and to the family of that or their representative if they are known, and in any case to the General Prosecutor of the Republic or departmental Assistant procurators, so pena of incurring responsibility mentioned holder.
ACTS and contracts of the mentally ill Art. 295.-the acts and contracts of the mentally ill, subsequent to the Declaration of incapacity, are null and void, although he is alleged to have been executed or held in a lucid interval; on the contrary, acts and contracts executed or concluded before the disability Decree, are valid, to be tested less than that which he executed them or held was then mentally ill.
INABILITY to under Art. 296.-the minors may be declared incapable, at the request of those exercising parental authority or guardianship, or the General Procurator of the Republic or departmental Assistant procurators, when it is reasonably expected that the cause of incapacity will persist after reached the age of majority. This Declaration will have designed the extension of the right of parental authority or guardianship.
_ Index Legislative Assembly Legislative - Republic of EL SALVADOR _ 70 extension of the guardianship art. 297-the guardian of the child unable to continue to full in the performance of the office, after the pupil achieved the age of majority.
REHABILITATION Art. 298-unable to the mental illness may be rehabilitated, if it appear that it has regained the reason permanently.
Also you can rehabilitate is unable to deaf one, when you have been able to understand and be understood in a way no doubt, if he so requests.
SECTION THIRD AEGIS DATIVA APPOINTMENT OF GUARDIAN
Article 299.-in the absence of legitimate guardianship takes place the dativa. The judge shall be appointed tutor to the person who satisfies the conditions laid down in article 277 of this code.
Anyone who has hosted a foundling or abandoned, will be preferred in the appointment of tutor, provided that he fulfils the legal conditions.
OBLIGATION to provide of Guardian article 300.-the judge's office, will provide guardian to the minor or disabled do not have it, as soon as you have knowledge of the fact by any means.
The General Procurator of the Republic or departmental Assistant procurators shall because there are no minor or incapable without keeper.
Chapter III disabilities, excuses and removal of the guardian disabilities article 301-not be guardians: 1o) minors and incompetents;
2O) persons sentenced to any deprivation of freedom, while they are serving sentence, and the prosecuted offence that founded assume that they will not conveniently play guardianship;
(_ Index Legislative Assembly Legislative - Republic of EL SALVADOR _ 71 3) which have been removed from other guardianship, or they have not obtained the approval of the accounts of his administration or have not paid the balance that proves against him;
4th) which they reveal immoral conduct or padecieren disease or defect that may endanger health, safety or morals of the child or incapable;
5th) the declared bankruptcy or contest;
6th) that have pending litigation itself or of your spouse or life partner, ascendants, descendants, or spouse or cohabiting partner of any of these, against the minor or incapable;
7) who have lost parental authority or have been suspended from the exercise of the same, or is any private management of the assets of the children;
8) creditors or debtors of the minor or incapable, by amount significant in relation to the goods of these, at the discretion of the judge, unless with knowledge of debt or credit, they have been appointed by will;
9th) the blind; and the deaf when not they might give to understand;
10th) who have no domicile in the Republic;
11th) which have significant conflicts of interest with the minor or incapable; and 12th) the enemies of parents and ascendants of the minor or incapable.
Article 302-Podran excuses excuse of guardianship: 1o) who have dependents other guardianship, except in the case of wards brothers;
2O) over the age of 60;
3O) which three or more children; they have under their parental authority
4th) which by its limited resources do not meet the charge without prejudice to their subsistence;
5th) those who suffer from chronic disease that prevents them to fulfil the duties of the position; (and, _ index Legislative Assembly Legislative - Republic of EL SALVADOR _ 72 6th) that they have to leave the Republic for more than six months or done it repeatedly.
While it resolved about the excuse, which proposed it is obliged to occupy the post, unless the judge resolved otherwise in the interests of the ward.
SANCTION to the PROBATE article 303 TUTOR-testamentary guardian that excusare cargo will lose everything what has been assigned in the Testament.
CAUSES of removal article 304.-will be removed from the guardianship: 1o) those who, after discerned the charge, rendered them any of the disabilities listed in article 301 of the code;
2O) which desempeñaren the charge with negligence, incompetence or infidelity;
3O) which they are promoting or favorecieren corruption or crime of the ward;
4th) which they maltrataren or abandonaren to the ward;
5th) those who knowingly have committed inaccuracy in inventory;
6th) which is ausentaren of the place of their domicile for more than six months; and 7th) which failed repeatedly or severe other duties imposed by the charge.
SANCTION to the TUTOR legitimate article 305.-the legitimate guardian that was removed from the guardianship, forfeited happen intestacy to the ward.
Chapter IV exercise of the guardianship DISCERNMENT of CARGO article 306.-the tutor will not to occupy the post, but after discerned by the judge. Discernment it will marginalize in the birth certificate of the ward. No guardianship may be discerned without having met all the requirements requiring this code for your exercise. However, you can discern without having met those of faction inventory and assessment and creation of security, for the sole purpose of representing the ward at trial, but not shall vest in the guardian the administration until it meets these requirements.
_ Index legislative Legislative Assembly - Republic of EL SALVADOR _ 73 inventory and valuation of assets of the ward Art. 307.-the guardian must initiate proceedings for inventory and valuation of the assets of the minor or unable, within eight days of the acceptance of the cargo. Inventory shall practice in accordance with the provisions of the Civil Code, within a period not to exceed thirty days, with intervention of the Attorney General or Attorney auxiliary departmental, in his case. The previous deadline may be extended by the judge, according to the circumstances.
In any case, nor even by disposition of the testator, shall be exempt from this obligation tutor.
Article 308-Practicado management guarantee the inventory and assessment, the guardian shall constitute guarantee of administration, except that it has been relieved of this obligation by the testator.
WARRANTY for cause IMPENDING Art. 309.-when subsequent to the discernment of the guardianship, occurrence or found cause that makes mandatory the bond, you'll know to judge own tutor, or the Office of the Attorney-General or prosecutors auxiliary departmental, for the effect of the security.
COVERAGE of the guarantee article 310.-the warranty shall cover, at least: 1.) The amount of the collateral received by the guardian;
2o.) the average real income in the last three years prior to the guardianship; and 3rd.) The utilities that the pupil may receive from any company for a year.
The warranty shall be increased or decreased, as they alter or vary the values above.
GUARANTEE permissible Art. 311.-La may consist of mortgage or pledge, or bail granted by credit institutions or insurance or surety companies. The personal guarantee, even the bail, shall be admissible, provided that at the discretion of the judge, it is sufficient, taking into account the value of the inventoried assets and solvency and good reputation of the guardian.
The effects or values given in pledge, shall be deposited with an institution of credit or auxiliary organization.
_ Index legislative Legislative Assembly - Republic of EL SALVADOR _ 74 budget Art-312.-within thirty days of the start of the exercise of guardianship, the guardian shall submit to the approval of the judge the budget of expenses for food of the ward and the administration of their property, and the use of surplus income project. For subsequent years, such budgets and projects must undergo approval legal, at least thirty days before the start each fiscal year.
For unbudgeted expenses exceeding a thousand colones, the tutor will need to prior judicial authorization; unless in the case of a serious and urgent need, in which case you can make spending and subjecting it to ratification of the judge, within fifteen days of its delivery.
EXERCISE of guardianship by several keepers Art. 313.-when the guardianship is exercised by several keepers, take note of the following rules: 1a.) The faculties corresponding shall be exercised by them jointly, but it will be what will be done with the agreement of as many. In the absence of agreement, the judge, after hearing them them and the ward if this is greater than twelve years, will resolve what it deems appropriate. If the disagreements are repeated and badly entorpecieren the exercise of guardianship, may judge reorganize its composition or providing new tutors to the ward;
2A.) if the testator has expressly arranged it or the guardians request it, can the judge resolve the guardianship functions are distributed among the tutors, each of which will act independently in the sphere of its competence, but if there are decisions which concern them, in terms of them you will notice the preceding rule; and 3a.) When for any reason are missing some of the guardians, guardianship shall continue with the remaining, unless it is the appointment has been arranged otherwise.
DUTIES and powers article 314-the guardian has on your ward the same powers and duties which the law grants and imposes on parents in relation to their children, with the modifications and legal limitations.
The conservatee due respect and obedience to his tutor.
CARE OF THE WARD. CASES of incapacity article 315.-the guardian is obliged to take care of the ward as a good parent; and if the pupil has been declared incompetent, do as necessary so that it can stand on its own and be rehabilitated.
_ Index legislative Legislative Assembly - Republic of EL SALVADOR _ 75 in the minor Ward when there is cause of incapacity and reasonably expected to continue after reaching his age of majority, until he meets her, the tutor shall request corresponding declaration for the purposes specified in this code.
EDUCATION OF THE WARD. CHOICE of profession or trade Art. 316-is duty tutor educate fully educate the ward, provide access to the educational system and guide you in the choice of a profession or trade.
If the Ward had started studies for any profession or trade, while under parental authority, the guardian not can vary them without judicial authorization, for which the judge will take into account the opinion of the minor and his abilities and circumstances.
ADMINISTRATIVE powers of the CONSERVATEE Art. 317.-the minor ward will have the same administrative powers as the son of family, with respect to property acquired with their own work or industry.
RIGHT of the ward in the Administration article 318.-the pupils children, who have attained fourteen years, are entitled to the guardian associate them in pupillary property, for their training, information and knowledge management. The exercise of this right does not exempt the guardian's responsibility.
DEPOSIT in institution of credit article 319.-the jewels, precious furniture and title values that must not be held by the guardian, at the discretion of the judge shall be deposited with an institution of credit in favour of the ward.
DEPOSIT of money Art. 320.-the guardian must be deposited the money from the ward in a credit institution, maintaining this accounts separate from their own.
OBLIGATION to recognize interest LEGAL Art. 321.-the guardian will be responsible for the legal interests of the capital of the ward, when its omission or negligence be unproductive.
JUDICIAL authorization Art. 322-the guardian need court authorization: 1.) To admit the ward in a mental health or education or special training establishment;
(_ Index Legislative Assembly Legislative - Republic of EL SALVADOR _ 76 2o.) To dispose of or encumber immovable property or rights in rem of the ward; to give the first lease for more than three years, or longer than the missing child to reach adulthood, or with advance payment of rent for more than one year; to make or recognize improvements that may not be necessary; to constitute passive servitudes; and, in general, to celebrate another kind of contracts that affect the assets of the ward, provided that they are worth more than a thousand colones. Leases referred to in this paragraph may not be extended voluntarily;
3O.) to repudiate inheritances, bequests and donations in favor of the ward;
4O.) to compromise or engage in referee issues that the conservatee have interest;
5th.) P ara pay credits you may have against the ward;
6.) to resolve on the manner, conditions and warranties in that it should be placed on credit money of the ward; and 7.) In the other cases provided for by law.
SALE of TITULOSVALORES, fruit and cattle Art. 323.-the sale of securities values can be done without judicial authorization, but never by less than the book value, or which carry the day of the sale if there is stock.
The fruits and cattle may be sold without judicial authorization, provided that their value is not lower of which is quoted in square the day of the sale.
The guardian must verify operations referred to in this article to the account.
AUTHORIZATION by utility or need Art. 324.-the authorization to dispose of or encumber immovable, rights in rem and the movable property of the proposed ward who are worth more than one thousand colones, proceed only because of usefulness or need proven.
Authorisation is not required when the sale of the assets of the ward is in the regular rotation of their businesses.
PROHIBITED acts to the Guardian article 325.-is prohibited to the tutor: index Legislative Assembly Legislative _ - Republic of EL SALVADOR _ 77 1o.) Hire, by any person or on behalf of another with the ward, or accept against loans, rights or actions, unless they are of legal subrogation.
This prohibition extends to the spouse, ascendants, descendants and siblings of the guardian;
2o.) available free of charge the assets of the ward, except the donations in money and other property in favour of a consanguineous needed, authorized by the judge, for reasonable cause;
3O.) to accept donations of which was his pupil, without being approved the accounts of his administration and cancelled the balance that proves against him, unless the guardian is ascendant, spouse, cohabitant or brother of the donor;
4O.) make referral of rights of the ward;
5th.) accept without benefit of inventory inheritances deferidas the ward; and 6th.) Accept without reserve transfers of rights or credits that the creditors of the ward to third parties.
BAN special Art. 326.-when the person or property of the ward are insured, is forbidden to designate as beneficiary to the tutor. This prohibition is applicable to the spouse, partner, ascendants, descendants and siblings of the keeper.
REMUNERATION of the Guardian article 327.-guardianship gives the right to a remuneration, which is paid annually and that of five per cent per annum will not fall or otherwise exceed of the fifteen percent of income and liquid assets of the ward.
When the fee has not been determined in the Testament, or without negligence of the guardian, there is no income or products, the judge shall fix it taking into account the importance of the flow of the ward and work that may cause the exercise of guardianship.
If the pupil does not have goods or they may be meager, the guardian shall exercise cargo free of charge.
LOSS of remuneration Art. 328.-when the guardian has been removed for reasons imputable to it, not entitled to any payment.
_ Index legislative Legislative Assembly - Republic of EL SALVADOR _ 78 obligation to keep accounts Article 329.-the tutor is obliged to take accurate and verifiable accounts of the operations of its administration, in books approved by the judge, who discerned the guardianship. At the end of his post, it shall submit a report summarizing the actions of his administration.
END of the guardianship Art. 330.-the guardianship ends: 1.) For the ward of age, except that the conservatorship has been extended;
2o.) by the death of the ward or guardian;
3O.) for rehabilitation of the disabled; and 4th.) Being subject to parental authority ward.
Termination it will marginalize in the birth certificate of the ward.
Chapter V surrender of accounts obligation of pay accounts article 331.-the tutor must be accountable at the end of each year of its management and to terminate the guardianship or cesar in his position.
Accountability will make it before the judge, with the intervention of the Attorney General or the departmental Assistant Attorney.
The annual accountability should be within thirty days of completion of the year of management. The same shall apply when the guardian has continued in office.
In any case accounts are subject to approval by the judge.
DEADLINE for the accountability end of accounts article 332.-La final accountability will make the guardian or his heirs to the ward, or the heirs of this, or who represent, within 60 days following the termination of the guardianship. If you do not rindiere it, be liable for the damage that irrogare to the ward or his heirs, apart from criminal liability that might apply to you.
_ Index legislative Legislative Assembly - Republic of EL SALVADOR _ 79 supporting documents article 333.-the accounts should be accompanied by supporting documents.
EXPENSES the accountability accounts article 334-the expenses of accountability will be in charge of which was subject to guardianship.
OBLIGATION of deliver the goods of the CONSERVATEE Art. 335.-tutor, to terminate the guardianship, shall deliver to which was his pupil all goods and documents belonging to the latter.
OBLIGATIONS of the guardian which replaces other Art. 336.-the tutor that will replace another, shall require delivery of goods and accountability that has preceded it, under penalty of answer for the damage that its default they are deferring to the ward.
INTERESTS article 337.-the balance of accounts in favour or against the guardian, it obtains the legal interest; in the first case, since the pupil is required for the payment, upon delivery of the goods; and the second, from the day following the expiry of the period for the account.
PRESCRIPTION article 338.-the actions and obligations mutually corresponding to tutor or what was his pupil, by reason of the exercise of guardianship, prescribed in four years of completed this.
CHAPTER VI REGISTRATION OF GUARDIANSHIP INSTITUTIONS OF REGISTRATION AND MATERIALS TO REGISTER
Article 339.-in the courts of first instance with jurisdiction in family matters will take a record of guardianships, in which shall be entered the discernment and the termination of guardianship, removals and excuses of the guardians, the results of inventories and of accountability accounts, budgets of administrative expenses, as well as all resolutions that can modify the personal or patrimonial State of protected.
Inventory, warehouse receipts and other supporting documents of accounts that the tutor, yields will be in separate file.
INDEX article 340.-will be an index of conservatorships, by alphabetical order of the surname of the wards.
_ Index legislative Legislative Assembly - Republic of EL SALVADOR _ 80 in charge of registration article 341.-registration will be taken by the judge, who ordered the seats and its amendments and issue certifications.
MARGINALIZATION on accountability of accounts article 342.-at the beginning of each fiscal year of the guardianship, shall contain, apart from each registration, if the guardian required to give accounts of his administration, has yielded them or not.
REVIEW mandatory of registration article 343.-to comply with attribution conferred by article 283 of this code, the judge shall frequently examine registry entries, in order to adopt the necessary measures for the defence of the interests of the protected.
FIFTH book children and elderly persons title first children under Chapter I principles, fundamental rights and duties of children under special regime article 344.-repealed by D.L. No. 839/09 definition of minor article 345.-repealed by D.L. No. 839/09 protection comprehensive article 346.-repealed by D.L. No. 839/09 family responsibility , Society and the State article 347.-repealed by D.L. No. 839/09 protection special State _ index Legislative Assembly Legislative - Republic of EL SALVADOR _ 81 article 348.-repealed by D.L. No. 839/09 non-discrimination article 349.-repealed by D.L. No. 839/09 interest upper lower art. 350.-repealed by D.L. No. 839/09 fundamental rights of the minor Article 351.-repealed by D.L. No. 839/09 duties under articles 352-repealed by D.L. not. 839 / 09 chapter II the lesser protection to the life and health protection Article 353.-repealed by D.L. No. 839/09.
OBLIGATION of the State article 354.-repealed by D.L. No. 839/09.
ASSISTANCE medical Article 355.-repealed by D.L. No. 839/09.
Article 356.-repealed by D.L. No. 839/09 educational protection.
INVOLVED in the educational protection article 357.-repealed by D.L. No. 839/09.
Article 358.-repealed by D.L. No. 839/09 compulsory registration.
_ Index Legislative Assembly Legislative - Republic of EL SALVADOR _ 82 education initial Article 359.-repealed by D.L. No. 839/09.
FORCED to ensure assistance to the school article 360.-repealed by D.L. No. 839/09.
MEASURES to avoid the DROPOUT school article 361.-repealed by D.L. No. 839/09.
PRIORITY object of study article 362-repealed by D.L. No. 839/09.
SUPPORT to continue higher education article 363.-repealed by D.L. No. 839/09.
EDUCATION special article 364.-repealed by D.L. No. 839/09.
PROTECTION morals under art. 365-repealed by D.L. No. 839/09.
PROTECTION of the dignity of the minor article 366.-repealed by D.L. No. 839/09.
PROTECTION of the identity of the minor article 367.-repealed by D.L. No. 839/09.
SHOWS not suitable for under article 368.-repealed by D.L. No. 839/09.
PROHIBITION to sell harmful products article 369.-repealed by D.L. No. 839/09.
BAN on trade _ messages index Legislative Assembly Legislative - Republic of EL SALVADOR _ 83 article 370.-repealed by D.L. No. 839/09.
UNSUITABLE places for under article 371.-repealed by D.L. No. 839/09.
PROHIBITION of selling MATERIAL IMMORAL article 372.-repealed by D.L. No. 839/09.
PROHIBITION of publications article 373.-repealed by D.L. No. 839/09.
PUNISHMENT article 374.-repealed by D.L. No. 839/09.
GUARANTEE of reservation article 375.-repealed by D.L. No. 839/09.
PROTECTION work article 376.-repealed by D.L. No. 839/09.
BAN article 377.-repealed by D.L. No. 839/09.
I work independent Art. 378-repealed by D.L. No. 839/09.
THE younger worker disabled article 379.-repealed by D.L. No. 839/09.
PROTECTION of the worker less article 380.-repealed by D.L. No. 839/09.
IMMEDIATE medical attention article 381.-repealed by D.L. No. 839/09.
_ Index Legislative Assembly Legislative - Republic of EL SALVADOR _ 84 learning article 382.-repealed by D.L. No. 839/09.
CULTURE, recreation and sports Article 383.-repealed by D.L. No. 839/09.
ARTISTIC freedom article 384.-repealed by D.L. No. 839/09.
ERADICATION of begging article 385.-repealed by D.L. No. 839/09.
WARRANTY against violence article 386.-repealed by D.L. No. 839/09.
ABUSE physical and MENTAL article 387.-repealed by D.L. No. 839/09.
Article 388.-repealed by D.L. No. 839/09 LEGAL assistance.
Title II the people of the third age chapter I guiding principles, rights fundamental and duties of the people the third age concept Art. 389-are understood by people of the third age, who have reached sixty years of age or older. In case of doubt, it shall be presumed that a person is elderly.
REGIME special Art. 390.-the special scheme for elderly persons, establishes the principles on which is based its protection; It recognizes and regulates their rights and duties; as well as the duties of the family, society and the State, to guarantee them comprehensive protection.
_ Index Legislative Assembly Legislative - Republic of EL SALVADOR _ 85 this regime applies to agencies, authorities and people in general, whose activities are related to the treatment or care of elderly persons.
PROTECTION comprehensive Art. 391.-the protection of elderly persons shall include especially the aspects physical, gerontology, geriatric, psychological, moral, social and legal.
They are considered essential aspects of the protection of the people of the third age, affection, respect, consideration, tolerance, care and self-care, appropriate, quiet environment and the appropriate time.
RESPONSIBILITY of the family, the society and the State article 392.-the people of the third age, have the right to live with his family, this being the primary responsibility for their protection; the society and the State will take it, when they neither family or which have, is not able to provide them with adequate protection.
Confinement in nursing homes or retirement homes will be as a last measure to apply.
In any case, these centres must have the characteristics of a family home.
The State should encourage by all means at its disposal, the stability of the family of the elderly people and their well-being in terms of health, employment, housing, education and social security, so that members can fully assume the responsibilities that are imposed on them by this regime.
The State will promote the participation of society, the protection of elderly persons.
Prevention Art. 393.-the protection of older persons will take place through action preventive, curative and rehabilitation.
The family, society and the State are forced to run first and foremost preventive actions aimed at elderly persons to live with dignity, with the proper physical, mental and emotional health, effectively enjoying the attentions and special considerations that required by their condition.
The preventive actions of the State guide with the social policies of assistance, protection, recreation programs and volunteering, family and educational promotion comprising the members of the family, to inculcate values such as respect and protection to the elderly.
_ INDEX LEGISLATIVE ASSEMBLY LEGISLATIVE - REPUBLIC OF EL SALVADOR _ 86 RIGHTS FUNDAMENTAL PEOPLE OF THE THIRD AGE.
Article 394.-the people of the third age shall enjoy the following rights: 1.) Not to be discriminated against because of your age;
2o.) to be assisted on a priority basis for the enjoyment and exercise of their rights;
3O.) to receive feed transport and have housing adequate;
4O.) to live with his family, with dignity, in an environment that fully meets their diverse needs and provide them with peace of mind;
5th.) to receive medical care, geriatric and gerontological;
6.) A good treatment, consideration and tolerance, by the family, society and the State;
7.) to enjoy free of charge of recreational, cultural and sporting programs, service or simple recreation;
8.) To occupy their free time in continuing education, paid partial employment or volunteer work;
9.) to receive protection against abuse or ill-treatment of any kind; specialized assistance of any kind for their well-being and free legal assistance, for the defence of their rights;
10th.) to be heard, treated and consulted in all matters that may be of interest to you and assure the participation and communication in community activities that preserve their self-image of people useful to society;
11.) to not be forced to perform work or jobs that are not in accordance with its possibilities or physical conditions; or that they undermine their dignity;
12.) to promptly receive pension by retirement or subsidiaries contributions for personal expenses and periodically check their pensions;
13.) to be informed of their rights and the laws that guarantee them; and 14.) To enjoy the other rights accorded to them the Constitution, international treaties ratified by El Salvador, and other laws that guarantee them their protection.
(_ Index Legislative Assembly Legislative - Republic of EL SALVADOR _ 87 duties the people of the third age Art. 395.-are duties of the people of the third age: 1.) Respect and take into consideration the members of his family, their customs, order and the rules of conduct that govern home;
2o.) Guide with advice to members of his family; share with them their knowledge and experiences transmitting teachings that enable them to face the future with success;
3O.) keep special consideration and tolerance with children and adolescents, for their immaturity and inexperience, and must try to guide them and dir enforce the examples and timely advice; and 4th.) Collaborate to the extent of its possibilities, tasks and everyday home occupations.
STANDARDS extra Art. 396.-the principles and provisions contained in the first title of this book, be observed with respect to persons of the third age, in everything that reasonably may be them favorably, according to the limitations and needs for assistance.
Title III obligations of the State, System national for protection to the family, to the minor and people of the third age chapter only duties of duties Article 397.-the State shall promote by all means the stability of the family and its well-being in health, work, housing, education and social security, so that it can fully assume the responsibilities that are incumbent on the training and protection of the child and the entire family group.
En_consecuencia: to) guarantee the effective exercise of the rights recognized by this code;
(b) develop policies of protection to the child, the family and people of the third age;
(_ Index Legislative Assembly Legislative - Republic of EL SALVADOR _ 88 c) will boost programs of assistance, protection and rehabilitation, for the benefit of the family, the child and elderly persons;
(d) coordinate the activities carried out by institutions that carry out activities for the benefit of the minor, the family and people of the third age;
(e) it will lead to the participation of the community and non-governmental organizations in family, child protection programs and elderly persons;
(f) it will run special protection programmes for the disabled or handicapped persons;
(g) perform programs of feeding, immunization, nutrition, health education and special rehabilitation;
(h) provide free medical and legal assistance;
(i) it shall ensure that the social media to comply with the obligations contained in this code;
(j) it will give preference to the formulation and implementation of programs that benefit the child, family and the people of the third age, which must have the budgetary allocation sufficient and privileged;
(k) it shall monitor that employers employing minors, comply with the provisions of this code and other applicable laws;
(l) run cultural, recreational and sports programmes with the participation of the community;
m) run campaigns to eradicate begging and provide schooling and training children to reintegrate them properly into society;
(n) give impetus and financial assistance to domestic crafts and other activities that enable the development of jobs and generating income through the family business; (and, or) will monitor in all urban planning are intended for sufficient and adequate spaces for the construction of fields of games, parks and communal houses dedicated to the recreation of all the members of the family.
SYSTEM national protection to the family and people of the third age Art. 398.-the integral protection of the family and people of the third age, in charge of the State, will be done through a set of governmental and non-governmental actions, coordinated by the National Secretariat for the family, with the participation of the community and the support of agencies _ index Legislative Assembly Legislative - Republic of EL SALVADOR _ 89 international which make up the national system of protection to the family and the elderly. Such a system will ensure the satisfaction of the basic needs of food, housing, health, education and stability of the family unit.
NATIONAL system of protection to lower article 399.-the comprehensive protection of minors by the State, will be through a set of governmental and non-governmental actions coordinated by the Salvadoran Institute of protection to the child, with the participation of the family, the community and the support of international organizations, which make up the national system of protection to the child.
The national system will ensure the satisfaction of the basic needs of food, housing, health, education and integral development of the child.
INTEGRATION of the systems article 400.-integrated national systems of protection to the family, the elderly and the younger: a) the Attorney General of the Republic;
(b) the Attorney for the defence of human rights);
(c) the Ministry of Justice;
(d) the Ministry of education;
(e) the Ministry of public health and Social assistance;
(f) the Ministry of labour and Social Welfare);
(g) the Deputy Minister of housing and urban development;
(h) the National Secretariat for the family;
(i) the protection Salvadoran Institute to the minor; and j) community and service associations and non-governmental organizations which they have related to the of the above.
PERMANENCE and compulsory art. 401-the institutions that make up the national systems of protection to the family and the elderly and children, run programs and care in a permanent and compulsory activities, aimed to benefit the family and elderly and to meet the needs related to the development of the child; they will meet and will enforce _ index Legislative Assembly Legislative - Republic of EL SALVADOR _ 90 in their respective areas of competence, the rules for the protection of such persons is enshrined in this code.
Title IV transitional provisions, repeal and effective transitional provision article 402.-repealed by D.L. No. 133/94.
The patrimonial regime of marriages entered into prior to the entry into force of this code, will continue unchanged, unless the spouses expressly provide otherwise.
Keepers validly constituted in accordance with the Civil Code, will continue to exert its charges, but its functions, compensation, disability and supervinientes excuses, will be subject to this code.
While he is not established the regime for the registration of the family state these acts are recorded in accordance with the provisions of the Civil registration of persons.
REPEALING article 403.-are repealed: the second paragraph of article 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, 19th, XX, XXI, XXII, XXIII, XXV, XXVII, XXVIII and XXIX of the first book and the title XXII of the fourth book, both of the Civil Code; the code of minors and the law on adoption.
In addition, all provisions that are contrary to those contained in this code are hereby repealed.
Entry into force article 404.-present family code came into force, the one day of October of the year one thousand nine hundred and ninety-four. (1) given in the Blue Hall of the PALACIO LEGISLATIVO: San Salvador, eleven days after the month of October of the year one thousand nine hundred and ninety-three.
LUIS ROBERTO ANGLE SAMAYOA PRESIDENT CIRO CRUZ ZEPEDA PENA RUBEN IGNACIO ZAMORA RIVAS VICE PRESIDENT VICE PRESIDENT _ INDEX LEGISLATIVE LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR _ 91 MERCEDES GLORIA SALGUERO GROSS VICE PRESIDENT
RAUL MANUEL SOMOZA ALFARO José RAFAEL MACHUCA ZELAYA Secretary Secretary SILVIA GUADALUPE BARRIENTOS RENÉ MARIO FIGUEROA FIGUEROA Secretary Secretary REYNALDO QUINTANILLA PRADO Secretary presidential House: San Salvador, to twenty-two days of the month of November in the year one thousand nine hundred and ninety-three.
PUBLISHED, ALFREDO FELIX CRISTIANI BURKARD, President of the Republic.
RENE HERNANDEZ VALIENTE, Minister of Justice.
D. OR. No. 231 volume no. 321 date: 13 December 1993 reforms: (1) D.L. No. 830, 11 March 1994;
D.O. Nº 60, T. 322, 25 MARCH 1994.
(2) D.L. 317 NE, 4 JUNE 1998;
121 NE, T.340, D.O. 1 JULY 1998.
(3) D.L. 319 NE, 4 JUNE 1998;
D.O. NE 121.T, 340, 1 JULY 1998.
(4) D.L. 212 NE, NOVEMBER 25, 2003;
D.O. 4 NE. T, 362, JANUARY 8, 2004. You time extensions to the D.L. No. 212/03: D.L. 307 NE, on April 15, 2004; D.O. NE 69, T. 363, 16 APRIL 2004.
_ INDEX LEGISLATIVE ASSEMBLY LEGISLATIVE - REPUBLIC OF EL SALVADOR _ 92 D.L. 374 NE, 8 JULY 2004; D.O. 132 NE, T. 364, JULY 15, 2004.
D.L. 575 NE, 6 JANUARY 2005; D.O. 26 NE, T. 366, 7 FEBRUARY 2005.
(5) D.L. 956 NE, FEBRUARY 3, 2006; D.O. 37 NE, T 370, FEBRUARY 22, 2006.
(6) D.L. 843 NE, MARCH 26, 2009; D.O. NO. 76, T. 383, APRIL 28, 2009.
(7) D.L. NE 39, JUNE 5, 2009; D.O. NO. 121, T. 384, JULY 1, 2009.
(8) D.L. No. 766, 23 June 2011; D.O. No. 136, T. 392, July 20, 2011. (Considered provisions of public order)
(9) D.L. No. 112, 30 August 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.
REPEALING PARTIAL:-D.L. Nº 133, 14 SEPTEMBER 1994; (Art. 402, paragraph 1) D.O. Nº 173, T. 324, SEPTEMBER 20, 1994.
-D.L. NO. 839, MARCH 26, 2009; D.O. Nº 68, T. 383, APRIL 16, 2009. (Fifth book, first title, chapter I, guiding principles, fundamental rights and duties of the minor) (Book fifth, chapter II, title first, protection to the child)
TRANSITIONAL PROVISION: TRANSITIONAL PROVISION IN THE SENSE OF LEAVING WITHOUT EFFECT THE REPEAL MINORS CODE, WHICH ESTABLISHES THE FAMILY CODE, WITH REGARD TO THE RULES RELATED OFFENCES, CONSIDERED AS CRIMES OR FAULTS ATTRIBUTED TO MINORS, THE PROCEDURE, MEASURES TUTELARY DEITIES, AS WELL AS THE RULES THAT DEAL WITH THE CREATION AND JURISDICTION OF COURTS GUARDIANS OF MINORS. D.L. NO. 145, 22 SEPTEMBER 1994;
D.O. Nº 180, T. 324, 29 SEPTEMBER 1994.
_ INDEX LEGISLATIVE ASSEMBLY LEGISLATIVE - REPUBLIC OF EL SALVADOR _ 93 SPECIAL PROVISIONS RELATING TO FOOD QUOTAS: • PROVISIONS THAT EMPOWER THE FAMILY JUDGES AND ATTORNEY GENERAL OF REPUBLIC, TO DEDUCT FOOD QUOTAS TO EMPLOYEES OF THE CENTRAL GOVERNMENT, AUTONOMOUS INSTITUTIONS AND MUNICIPAL.
(30% BONUS) D.L. NO. 140, 6 NOVEMBER 1997; D.O. NO. 218, T. 337, 21 NOVEMBER 1997.
REFORM: D.L. Nº 167, 19 OF OCTOBER OF 2000; D.O. NO. 214, 349 T., NOVEMBER 15, 2000.
• LEGAL PROVISIONS THAT ALLOW LAID-OFF WORKERS, THE PAYMENT OF FOOD CONTRIBUTIONS DEDUCTED FROM THEIR COMPENSATION.
D.L. Nº 503, DECEMBER 9, 1998; D.O. NO. 240, T. 341, 23 DECEMBER 1998. REFORM: D.L. Nº 168, 19 OF OCTOBER OF 2000;
D.O. NO. 229, T. 349, 6 DECEMBER 2000.
• PROVISIONS IN THE SENSE THAT EVERYTHING A PRESIDENT AND VICE PRESIDENT OF THE REPUBLIC, DEPUTIES TO THE LEGISLATIVE ASSEMBLY, THE CENTRAL AMERICAN PARLIAMENT AND MEMBERS OF THE MUNICIPAL COUNCILS, MUST COMPLY THE OBLIGATIONS OF ALIMONY, EXTENDED BY THE ATTORNEY GENERAL OF THE REPUBLIC. D.L. NO. 1015, OCTOBER 3, 2002; D.O. NO. 200, T. 357, OCTOBER 25, 2002.
LMLl/ngcl 20/03/06 GCC/ngcl 23/07/09 RM/ngcl 03/05/10 17/08/11 SV SV 03/06/15 11/10/12 JCH _ legislative index