Lejislacion Civil. - Made Several Reforms In The Civil Codes And Procedures In The Law On Judicial Organization.

Original Language Title: LEJISLACION CIVIL.—SE HACEN VARIAS REFORMAS EN LOS CÓDIGOS CIVIL Y DE PROCEDIMIENTOS Y EN LA LEY DE ORGANIZACIÓN JUDICIAL.

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October 28 law

civilisationâ € "Several reforms are made in civil and procedural terms and in the law of judicial organization.

ANICETO ARCE,

CONSTITUTIONAL PRESIDENT REPAsBLICA

As soon as the national congress has sanctioned the following law:

THE NATIONAL CONGRESS,

DECCRETA:

You will be in the civil codes, procedures and the law of judicial organization. the corrections additions that are contained in the following items.

Civil code.

ArtA-ass 1.A ° †"The article 189 is worded as follows:" It is under the authority of the remote father-thymus A³ natural, and in his defect, of the mother, until the majority A³ emancipaciated.

Art. 2.A ° †"The article 191: The father is far-thymus and in his defect, the mother, will have the usufruct of the goods of his children, until they have fulfilled 21 years until their emancipations.

Art. 3.A ° †"The article 204: The individual right to the ejir a relative guardian and also estra ± o, does not belong sinA³ to the last one that dies from between the father and the mother, be it the natural A³.

Art. 4.A ° †"Article 236: Every guardian shall be sworn in well and faithfully to the persons and things of the people of the years and shall lend themselves to many, with the exception of the father and the mother.

Art. 5.A ° †"The article 238:" You cannot dispose, mortgage, nor start to the goods raA-ces, sinA³ with decree of the judge and when there is great need A³ utility known; about which, the agreement of three latrines must fall; three good men appointed by the judge's proposal of the prosecutor.

Art. 6.A ° †"The article 338: The usufruttuary would give a bond of enjoying himself as a good father of family, if he is not dispensed from doing it by constitutive writing. However, the father lej-timo and in his absence, the mother, who have the legal usufruct of the goods of their children, the seller A³ donador who have reserved the usufruct, are not obliged to bail.

Art. 7.A ° to € "The article 398: No neighbor can open in the medianera wall, any hole, neither to arrange, nor to support in her work some, without the consent of the other neighbor, A³ well to lack of this consent, without having made to arrange for the experts means necessary for the work not to prejudice the rights of the other neighbor.

Art. 8.A to € "Article 589: Any pure and simple legacy shall give to the legatary a right to the thing bequeathed from the day of the death of the testator, which is transmittable to his heirs. However, the legator will not be able to claim the fruits A© interest, since the demand for the delivery, A³ since this delivery has been offered by the executors.

In case the legacy exceeded the value of the available portion, be reduced before delivery, even if the heir is not a beneficiary.

Art. 9.A ° to € "Article 603: If there are many executors appointed and have accepted the position, one can only manage the goods, all responsible in solidarity; the responsibility ceases when each one is appointed for different objects: then each which, only answer to their handling; also ceases the responsibility, when the executors have been appointed with ordinal design of first, second, etc. Only the person who has exercised the position will be responsible, for the absence of the absence of the one that precedes him numerically.

Art. 10.†"Article 605: The term that the law is intended to be for the executors to fulfill its order is that of an aA ± or counted since the death of the testator, if it has not been expressly extended by him.

This practice will be only at the same time as the nature of the business of the testamentaA is considered indispensable, and can never pass from two years, to whose maturity the executor will deliver the testamentara-a, yielding the account, has A³ not finished of fulfilling the will.

Art. 11.†"The article 615: The children of any class who are, shall represent their mothers in the event that they have the right to the succession. This representation, and that of the articles 612 and 614, does not take place in concurrency with those who are children of the person A who is trying to happen. The natural child and the ileja-thymus will not have in the way of his father A³ predead mother, more than the third part of what corresponds to each of his uncles in the inheritance.

Art. 12.†"Article 1.028: Delivery must be made at the place where the time of sale was the object of the sale, if it is not agreed otherwise. Delivery must also be made, where there is no agreed time, at the moment when the buyer claims the buyer, unless the thing, due to its circumstances, which have had to be made known to the buyer, requires a time to determine the judge, if the

Judicial Organization Law.

Section 3 of Article 229.a€ " Knowing of the causes for personal, real and mixed actions on movable property A³ immovable, from one hundred to two hundred In a verbal judgment, and with appeal to the judge of the party, and those of two hundred to Five hundred Bolivians, in written judgment, with the same appeal and the one for nullity, in both cases, before the district court.

Art. 242: Parochial mayors will know of the causes for personal, real and mixed actions on movable property, up to the value of twenty Bolivians without any recourse; and with those of appeal and nullity before the judge instructor and judge of the party, respectively, up to the value of one hundred Bolivians.

Art. 243: They will also know with equal resources, from the causes for real and mixed actions on real estate, whose value exceeds twenty Bolivians to one hundred, and with only that of appeal, when the value does not exceed twenty Bolivians.

Art. 244: The demands for compensation A³ by reason that are separated from the principal, do not exceed the value of the limit of the jurisdiction assigned to the courts of lesser jurisdiction-to in the two previous articles, and in the attribute 3. They shall be resolved by them, even if they meet the main surplus of that limit.

The reconvenial claims of damages A© interest, deducted only with time A³ cause of the principal, will be resolved by the same court that knows of it, whatever the value of them.

Art. 245: In case of reconviction A³ compensation, if neither this demand nor the principal place of appeal for its four-to-a, will be decided both without this resource, even if its value gathered comes to the cuantA-to appealable. But it will be enough for one of them to reach out to this one, so that in both cases the appeal.

If the demand for compensation A³ compensation exceeded the jurisdiction of the judge who knows the principal, it shall be inhibited from his or her knowledge, if the other party insisted on it, notifying the parties to occur to the competent judge.

Art. 246: When two more demands of a party are deducted in an instance, the judge will know without appeal, provided that the demands do not exceed twenty Bolivians.

Code of Procedures.

Verbal Juicios.

ArtA-ass 1.A ° †"Verbal judgments will be carried out in separate pieces, each forming small processes on a common basis, with parish mayors, and on paper of five cents before the instructors.

Art. 2.A ° †"Each judged A³ alcaldA-a A-to-end of these processes already completed, a book with the respective A-Ndice, in which the number of them is expressed and its contents. The mayors ' books will be filed and will be held in the office of a notary appointed by the party judge in the capitals of the department, and in that of the respective investigating judge in the provinces.

Art. 3.A ° †"The claim is declarative A³ executive will be interposed in a memorial in the respective role, accompanied by so many copies subscribed, duly, as many as the defendants; owing the judge on the same day, to dictate providence The continuation of day and hour for the comparison of the parties to the object of the claim, under the warning of the law.

This providence shall be notified to the parties by the actuary A³ sheriff of the court, you must deliver to the defendant, copy of the respective demand and providence, making record this delivery in diligence.

Art. 4.A to € "If the claimant is not compared on the day and time, the claim shall be made in the absence of the claim, and shall be liable to the costs and damages incurred by the plaintiff.

the amount of the costs and damages, which will be waived by the vA-a prize, without in any case exceeding three Bolivians.

Art. 5.A ° †"If the defendant does not appear, the judgment will be continued in its default, without returning to it.

Art. 6.A ° †"If the parts in the dA are compared, the minutes shall be given to the continuation of the claim if the answer is verbal; but if the respondent submits the written reply, the record shall be followed, containing the new exposures from the parties, for their own sake and for one time.

Art. 7.A ° †"In these trials, when the test took place, the maximum of 15 days with all charges, with all charges, the expiration of which was produced A³ not, the sentence will be pronounced within the third day.

Art. 8.A ° †"The minutes shall be signed by the judge, the parties, an eyewitness, if they are not able to sign A³ do not attend the hearing.

Art. 9.A ° †"The exceptions, articles A© incidents that will be promoted will be proposed and aired on the same day to be compared, being inadmissible if they are proposed afterwards.

Art. 10.†"The appeal, if any, will be granted to the continuation of the sentence and the orijinal process will be raised to the top of the case.

The same will be done in case of the application of the nullity, which will be interposed in the term Five days fatal.

Art. 11.†"Only costs will be imposed when the value of the sentence exceeds eight Bolivians.

Art. 12.†"The party that requests for a copy of the proceedings of the trial, will pay for every right to the plumary, 20 cents for each record.

Sentences.

Art. 13.†"Article 295 is corrected: Where evidence is lacking in order to determine the settlement of fruits and damages, the basis on which they are to be produced in summary judgment shall be fixed in the same judgment. the main cause judge.

Art. 14.†"Article 296: In cases of compensation for damages, their qualification and settlement will be made in summary judgment by the same judge who knew of the principal.

The test term in the judgment of this The article and the previous one, cannot exceed twenty days.

Appeals.

Art. 15.†"The first paragraph of the article 760 of the compiled procedure is deleted.

Art. 16.†"The withdrawal of the appellant will not prevent the appeal from adhering to the show.

Art. 17.†"When in a written contract it has been agreed to subject to the differences that on him will be raised, and I will arrive this case, either party can exempt before the judge, if he does not get it voluntarily, that they are appointed those, and the points that constitute such differences are set.

Art. 18.†"The judge will give this request by ordering that in the eight-day term the parties will verify the parties as well as the other in what they will be entitled to. If any one of them omitted to do so at the end of this term, the judge will do so for her by appointing the corresponding to her, and accepting the appointment and fixing of points of difference that the other party would have presented. With the authorization of the same judge, the respective writing of the compromise, with the insertion of these workers to take place in the judgment and the arbitration decision, will be established.

Art. 19.†"If the proposals made by the stakeholders were different, all of them will be agreed in the writing of the compromise, to the effect that the A-rbiters will embrace in their award the resolution of each point.

Art. 20.†"The authorised members to appoint a third party shall be appointed to the appointment of the person to cast their vote. Not being authorized, A³ if among them there is discord about this appointment, the parties will do. If they do not agree, they will be agreed upon by the judge from among those indicated by the parties.

Art. 21.â € "The A-rbiters once accepted the charge, they cannot fail to fulfill it, unless one of these causes comes over:

1. â€â€" Serious injury, slander, mistreatment that infers them with some of the parts.

2. †" Illness that

3. € " Need to be absent for more than two months.

Not measuring any of these causes, you may be compelled to fill it up still with a prize.

Art. 22.†"To article 16: The causes of the hacienda, those of beneficence A³ of some public establishment, the divorce and those that are subject to the communication of the public ministry cannot be held. However, when this intervention A³ communication takes place through fiscal, municipal A³ of some other public establishment, with which the two more particular A³ that count for their private only, can be related, they can Subject to arbitration, the differences over which they have, except that of the fiscus, municipality A³ estabjestar.

Art. 23.â € "The laws that are in opposition to the present are repealed.

Communal-be to the executive branch for constitutional purposes.

Session of the national congress, in La Paz, on the twenty-five days of the month of October of a thousand eight hundred and ninety years.

SERAPIO RA%YES ORTIZ.†"DANIEL G. QUIROGA.€" ROBERTO TA©llez â€" S. Secretario.†"Român Peace â€" D. Secretario.†"José Mará-a Linà ¡ â€" D. Secretary.

Therefore: I enact it so that it has and will comply with the law of the republic.

Palace of government. †" Peace, to the twenty-eight days of the month of October 1890.

MAPLE ANICETO.

Minister of Justice A© instruction pásblica†"

Jenaro Sanninals.