Key Benefits:
law no 1760 LAW OF 28 FEBRUARY 1997
GONZALO SÁNCHEZ DE LOZADA CONSTITUTIONAL PRESIDENT OF THE REPUBLIC
For the Honorable National Congress, it has sanctioned the following Law. THE HONORABLE NATIONAL CONGRESS, DECREES:
LAW OF CIVIL AND FAMILY ASSISTANCE ABBREVIATION
REFORMS TO THE CIVIL PROCEDURE CODE ARTICLE 1o.-(LAW OF LAW)
Elevate to Law Range Code of Civil Procedure, approved by Decree Law 12760 of 6 August 1975, with the amendments established in this Law. ARTICLE 2o.-(NEW REGIME OF RECUSAL AND EXCUSES)
Reform chapters IV, V, and VI of Title I of the First book of the Code of Civil Procedure, on Excuses and Recusations, in the following terms. CHAPTER IV
OF THE RECUSES AND EXCUSES ARTICLE 3o.-(CAUSES OF RECUSAL)
They will be causes of recusal:
The relationship of the judge with any of the parties, their attorneys or presidents, up to the fourth degree of consanguinity, second affinity, or the derivative of the adoption links.
The parentage of the judge or any member of the court of second instance with the judge who has dictated the judgment or order under the law, within the set in the numeral 1.
Having the judge with some of the parties, parent relationship, godfather, or godson, from marriage or christening.
Having the judge intimate friendship with one of the parties, who will manifest themselves by constant treatment and familiarity.
Having the judge enmity, hatred or resentment with some of the parties, who know manifested by known facts. In no case shall the challenge be recused for attacks or offenses inferred to the judge after the case has begun to be known.
Be the creditor, debtor, or guarantor of any of the parties, except for the banking and financial institutions.
The existence of a pending dispute by the judge with any of the parties, provided that it has not been expressly promoted to disable the judge.
To have been the judge, president, witness, expert or guardian in the process that you must know.
Haber expressed his opinion on the justice or injustice of the litigation before assuming knowledge of.
Having received significant benefits or gifts from either party.
Being or having been the whistleblower or quellerant judge against one of the parties, or denounced or queraded by any of these prior to the initiation of the litigation.
ARTICLE 4 (OBLIGATION OF EXCUSE)
The Judge or a magistrate in any of the grounds for recusal, shall be excused from his own office in his first performance. The excuse does not proceed to order from party.
Decreed the excuse, the judge or magistrate will be permanently inhibited to know the cause and will immediately forward it to the call by law, even if the causes that the originated.
It will be null all act or resolution pronounced after the excuse. ARTICLE 5o.-(OBSERVED EXCUSE)
If the judge whose knowledge passes the process will make the excuse illegal, he will raise it in consultation on the day before the superior in grade, with authenticated copies of the relevant pieces, without prejudice to assume knowledge and proceed with the proceedings of the cause.
The higher degree will dictate resolution within six days, without further appeal.
ARTICLE 6o.-(UNLAWFUL DECLARED EXCUSE) If the excuse is declared illegal, impose fine on the judge or magistrate who has formulated it, and the consultant must continue the procedure of the cause until its conclusion.
If the excuse is declared legal, a fine will be imposed on the judge or consulting magistrate.
The excuses declared illegal on three occasions for one year, will result in the exoneration of the judge or
ARTICLE 7o.-(SPECIAL CASE OF EXCUSE) In case of an excuse by all the vowels of a District Court or all the ministers of the Supreme Court of
Justice, the President, however, will have excused, will call the judges to resolve the matter. ARTICLE 8o.-(OPPORTUNITY FOR RECUSAL)
If the judge or magistrate is not excused, however, from being understood in any of the causes of Article 3, the challenge will be recused.
The recusal may be deducted by any of the parties, in the first performance they perform in the process. If the causal is over-veneree, it must be deducted within three days of being aware of its existence and before the cause is left in a state of judgment.
ARTICLE 9o.-(COMPETITION)
It will be competent to know of the recusal, dealing with judges instructors, the superior in grade. In the case of party judges, the Superior Court in the room of the relevant matter. If it is deducted against a vowel, it shall be up to one of the rooms of the Superior Court of which the recusal is not a party, and to the full Supreme Court when the person is a minister.
In cases of recusal of arbitrators and friendly components, you will be competent to hear of the challenge to the judge or tribunal that has been due to know the cause of not mediating the arbitration.
The judge or tribunal in your case Judges who know of the recusal are unaccountable.
CHAPTER V OF THE INCIDENTAL PROCEDURE OF RECUSAL
ARTICLE 10o.-(PROCEDURE)
The recusal will be raised as an incident before the same judge or tribunal of the magistrate whose challenge is intended, with a description of the causal or causal effect on which it is founded, accompanying or proposing the entire test of which the recant will attempt to be valersed.
The complaint is filed, if the recused judge or magistrate is to be raided, the recusal will be accepted and separated from the cause.
If the recusal will not be raided, will send a background of the challenge to the person who will know of it within the maximum period of three days, with explanatory report of the reasons why it does not accept the recusal, accompanying or proposing in its case the test of the which I will try to avail.
If the recusal does not specifically allege any of the causes or if the invoked If the formal requirements laid down in paragraph I above are not observed, or if the opportunity provided for in Article 8 (II) is presented, the application shall be rejected without further processing.
the recusal will not suspend the jurisdiction of the judge and the processing of the process will continue until it reaches the state of adjudication of definitive self-interlocutory or sentence. The completed procedural acts will be valid even if the separation is declared.
ARTICLE 11o.-(HEARING)
Admitted to the request by the competent judge or court, it shall indicate day and hour for the hearing, which shall take place in the the maximum period of ten days in which to be able to be computed from the reception by that person.
The recusal shall appear to the hearing in a personal manner, unless it is well founded that I shall justify the appearance by representative. The recusal will do so personally.
The appearance of the recant or his representative will result in the declaration of withdrawal of the lawsuit, with express condemnation in the coasts. The recusal will not prevent the continuation of the procedures.
The hearing will be installed, the recant will ratify its claim, and both parties will produce the test offered.
ARTICLE 12o.-(RESOLUTION)
hearing, the judge or tribunal will resolve the challenge. In the case of a collegiate court, no drawing of cause among its members will be necessary.
The resolution will be delivered orally and will be recorded in the minutes. The decision declaring the challenge shall definitively separate the recusal from the knowledge of the cause and the demestimatoria, order the court to pay the costs and fine the applicant.
The resolution will not support any resource. CHAPTER VI
SPECIAL CASES OF RECUSAL ARTICLE 13o.-(PROCEDURE)
In the District Courts, the recusal of one or more of the members of the Chamber, shall be brought before it, observing the procedure referred to in Article 10.
The recusal of all the vowels of a Superior District Court will be brought before it. In such a case, the President of the Court, however, shall be limited to summoning judges.
The recusal of one or more ministers of the Supreme Court of Justice shall be brought before the same Court and shall be sufficient for one to be able to to form a Chamber, by calling with judges; if not, the rule of the previous paragraph shall be observed.
The recusal of judges of the Supreme and District Courts shall be governed by the provisions of the previous Chapter.
Deputy officials will stand before the court or judge who knows the cause and will be decided by the same, without further appeal.
The temporary suspension of the recused official may be arranged in any state of the process, in consideration of the gravity of the facts.
Referees or friendly components are covered by the causes overlieutenants to the arbitration agreement or to be ignored at the time of appointment, observing the procedure provided for in the previous chapter.
SECTION II NOTIFICATIONS
ARTICLE 14o.-(NORMA GENERAL) Substitute the Article 133 by the following: ? Article 133. (NORMA GENERAL) After the summons with the complaint and the counterclaim, the judicial proceedings in all the instances must be immediately notified in the clerk of the court or tribunal to the parties. To this end, the parties and the lawyers acting in the proceedings shall have the procedural burden of attending the secretariat in a compulsory form on Tuesday and Friday in order to be notified of the action taken; if these days are not (i) the following working day: ARTICLE 15o.-(INCONCURRENCY CASE NOTIFICATION) Modify paragraph II paragraph II and add paragraph III as new: ? Art. 135. (NOTIFICATION IN CASE OF INCONCURRENCY) II. The notification will not be considered to be fulfilled if the case is not to be found in the secretariat or act, in which case it will be
will record this circumstance in the Book of Notifications or other the court or tribunal's authorized media, leaving in such a case delayed the notification for Tuesday or Friday subsequent.
III. Failure to comply with the rules referred to in Article 14 of this Amending Law of Article 133 and paragraph II above, within the year, by secretaries, actuaries and officers of inquiry, shall determine the imposition of the following penalties:
At the first opportunity, admonition, by the judge;
In the second, fine of twenty percent of the monthly, at the request of the judge before the respective Superior Court;
In the third, exoneration of the charge, observing the procedure arranged in the previous numeral.? NOTARIAL CERTIFICATION OF SIGNATURES AND HEADINGS VOLUNTARY RECOGNITION ARTICLE 16o.-(JUDICIAL RECOGNITION OF SIGNATURES AND RUBRICS) Incorporated a new regime for the recognition of signatures and rubrics. ARTICLE 17o.-(CERTIFICATION)
The recognition of private document signatures and headings, when voluntary, shall be made before a notary of public faith, who shall certify on its authenticity. ARTICLE 18o.-(PROCEDURE)
The comparison or comparison shall be sworn in to the notary of the authenticity of the signatures and rubrics stamped on the document whose recognition is intended.
The notary shall attest to the act, by tilling at the foot of the document or in leaf attached a Signatures of Signatures of Firms.
The notary will carry a Sign of Sign in which it will add, numbered and dated, a copy of the original document, signed together with the comparisers and stamping their stamp.
In the case of people who do not know or cannot sign, the recognition of the signature will be made and the grantor will recognize for its part the content of the document and the fact of having stamped on it its digital impressions.
DIGITAL RECOGNITION ARTICLE 19o.-(RECOGNITION JUDICIAL OF SIGNATURES AND RUBRICS) Replace article 319, numeral 2) (c) of the Code of Civil Procedure and add three new incites that will say:
? c) The one to whom a private document is opposed, is obliged to recognize or Formally deny if it is of its letter or signature. The person is mentioned for the only time, if it is not present, the signature and rubric will be recognized and the effectiveness of the
document; the same will happen if, concurring, answers evasive answers. If the heirs manifest that they do not know that the signature or the letter is of their cause, the judge, at the request of
party, will order the expert verification by observing the procedure provided for in the incites that follow. If the citation is not present, the signature or document will be given for recognized.
If the court is to deny its signature and rubric, the judge or tribunal, at the request of the party, will have to practice calligraphic expertise, in the incidental.
The expert opinion will be estimated by the judge, for the purposes of determining authenticity. If the signatures and rubrics are declared authentic, the employer shall be ordered to pay the costs of the skill.
In the judicial recognition of documents awarded by illiterate persons, the procedure laid down in paragraph IV of the previous article shall be observed.
CHAPTER III APPEAL
ARTICLE 20o.-(EFFECTS OF THE APPEAL) Complement article 223 in the following terms: ? Art. 223. (EFFECTS OF THE APPEAL) Three are the effects of the appeal: suspensive, return and deferred. The first one suspends the jurisdiction of the judge, preventing the execution of the judgment or final order; the second allows it to continue the processing of the process without prejudice to the appeal; and the third allows that without prejudice to the fulfillment of the "resolution appealed, reserve the grant of the show up to the state of an eventual appeal of the judgment?". ARTICLE 21o.-(RADICATORIA) Modify article 231 in the following terms: ? Art. 231. (RADICATORIA) Received the file by the judge or court of show, will its root be decreed.? CHAPTER V
APPEAL IN THE RETURN EFFECT ARTICLE 22o.-(COMPLETE)
Add article 241, whose text will remain as paragraph I, the paragraphs II, III, and IV that will say: ? II. In the statement of pieces provided for by the preceding paragraph and in the cases of Article 242, 243, 244 and 245,
referring to the testimony for the processing of the appeal in the return effect, the appellant may alternatively be able to ask for testimony or photocopies legalized by the clerk or actuary of the court, of the strictly necessary pieces, that will do the same faith as the original document.
III. If the appellant will opt for legal photocopies, the expenses They will be on your own. IV. If the appellant does not comply with the obligation to pay the costs of the legal photocopies within the aforementioned period,
shall be subject to the provisions of Article 243 in fine.? SCHEME OF APPEAL IN DEFERRED EFFECT ARTICLE 23o.-(APPEAL IN DEFERRED EFFECT) Incorporate as a new chapter the Appellate Regime in the Deferred Effect, which will appear as Chapter VI, Title IV of the Book First, after the Chapter V of Appeal in the Evolutionary Effect.
CHAPTER VI APPEAL IN DEFERRED EFFECT
ARTICLE 24o.-(PROVENANCE) The appeal in deferred effect will proceed against the following resolutions:
Autos Offices that resolve previous exceptions;
Autos that resolve incidents;
Resolutions on Proposition, Production, Denial and Diligence of the Test, and, in general,
Resolutions that will cut the subsequent procedure. ARTICLE 25o.-(PROCEDURE)
If the final judgment is appealed, the appeal will be moved from both resources to the appealed party, with whose answer or without it, the resources will be granted to be resolved in form
If
statement is not appealed, the decision will be withdrawn.CHAPTER VII PROCESSING OF THE APPEAL
ARTICLE 26o.
(COMPLETE) Check in Article 262 for a new numeral that will say:? 3) When the resource is not found provided for in the cases referred to in Article 255.? EXECUTIVE PROCESS ARTICLE 27o.-(REFORMS TO THE EXECUTIVE PROCESS) Reform Chapters I, II, IV and V of Title I of the Third Book referred to the Executive Process as follows: CHAPTER IPROVENANCE, TITLES Executives ARTICLE 28o.-(DEADLINE FOR USING THE ORDINARY COURSE) Replace Article 490 with the following: ? Art. 490. (SUBSEQUENT ORDINARY PROCESS)
The resolved in the executive process may be modified in subsequent ordinary processing.
This process may be promoted by either party after the statement is executed, within six months. months. Due to this deadline, the right to demand the review of the ruling in the executive process will expire.
The promoted ordinary process will be dealt with separately before a party judge and will not be able to paralyze the execution of the judgment given in the the executive process.?
CHAPTER II PAYMENT INTIMATION
ARTICLE 29o.-(INTIMATION) Add as paragraph IV to Article 491 the following:? IV. The embargo and any other precautionary measures will be executed before the summons with the application to the executed.? CHAPTER IV
ARTICLE 30o EXCEPTIONS-(MODE AND DEADLINE TO OBJECT) Check out the following paragraphs in Article 509: ? III. If the execution has not been established in the form provided for in Article 101, or does not appear, it shall be
shall have as its domicile the secretariat of the court for the purposes of subsequent notifications. IV. The declaration of rebellion provided for in Article 68 and the designation of an advocate of trade established by Article 124
paragraph IV are not applicable in this process.? CHAPTER V
STATEMENT
ARTICLE 31o.-(STATEMENT) Modify Article 511 in the following way: ? I. Due to the probative period or when the executed person has not objected to exceptions under Article 509, the judge, without
need for instance of party and within the legal period, will pronounce judgment with the imposition of costs. II. Against the judgment is the appeal and the order of view not to admit an appeal.? OF THE EXECUTION OF THE JUDGMENTS ARTICLE 32o.-(REFORMS TO THE EXECUTION OF THE SENTENCES) Reform Chapter II, Title II of the Third Book referred to the Form of Executing Sentences, as follows: CHAPTER II
FORM OF EXECUTING ARTICLE 33o.-(SENTENCE TO PAYMENT OF LIQUID SUM AND OBLIGATIONS TO GIVE) Substitute paragraph II of Article 520, by the following:? II. In the case of obligations to give something that is found in the debtor's estate, it will be ordered for
to disengage the obligor and deliver it to the actor, with the help, if any, of the public force. If the execution in kind is impossible, the execution will be carried out for the value of the thing, plus damages
that will be liquidated by the incidental way.? ARTICLE 34o.-(OBLIGATIONS TO DO) Replace Article 521 with the following:?I. Dealing with obligations to do, if the executed fails to meet within the time limit set by the judge, the executing the
will carry out the cost of the execution, in which case the executed person must return the costs incurred by the executing person within ten days. Due to the same, without having to cover the costs, the performer will be able to fall on the assets of the debtor.
Also the creditor, instead of the due benefit, will have the option to ask for the compliance of damages and If a non-compliant obligation to comply with a third party is dealt with, it will be possible to pursue its compliance in kind, with the execution of the execution to make it effective in the event of a non-compliance.
II. the term of ten days. If you do not do so, the executed person will be returned to the payment of the emergent damages, which will be settled by the incidental way.
III. If he is sentenced to the granting of public deed of transfer of a right and in his case to carry out the delivery of the item shall not comply with the obligation within ten days, the judge shall grant the deed and if so, the delivery shall be made in the form established by paragraph II of the previous article.
IV. In all the cases mentioned above, the costs to be incurred to the creditor shall be settled by incidental means and their recovery, after the approval of the liquidation, shall be carried out in accordance with Article 520 paragraph I.
ARTICLE 35o.-(OBLIGATIONS NOT TO BE DONE) Incorporate the paragraphs II and III to Article 522, with the content of that article as paragraph I:? II. In order to ensure compliance with the judgments, the judge, on his own initiative or at the request of a party, may apply the penalties
compulsory and progressive pecuniary penalties referred to in Article 184. III. These pecuniary sanctions will also be applied in the event of non-compliance with the obligations to give and to do.
ARTICLE 36o.-(EXECUTION OF PRECAUTIONARY MEASURES) Replace Article 523 in the following way: ? I. To promote enforcement, the creditor may apply for the precautionary measures appropriate to his or her right. II. Any legal act of provisions or of constitution of lien on the well-embargoed after the
effectivization of the embargo, will be ineffective with respect to the performer. The execution will continue as if such an act does not exist and at the request of a party, the judge will order the cancellation of the transfer or the charge in the corresponding Register.
III. If this is a transfer, the acquiring third party may be able to validate by paying the executing obligation and the expenses of the process. In the case of charges, these will subsist on the remnant that will be left of the price of the disposal, after cover the obligation and the expenses of the process.
IV. The oponability and therefore the effectiveness of the embargoes against third parties, as well as the ranking among the liens for the recovery of their claims, interest and costs, shall be determined by the date of registration if the goods are subject to registration and by the date certain of the documents if the goods are treated not subject to registration.?
ARTICLE 37o.-(FORECLOSED MONEY) Replace Article 524 with the following: ? Art. 524. (MONEY AND FORECLOSED CREDIT) I. When the seizure or withholding has been placed on a sum of money, once the judgment is signed or given the bail of
as a result of Article 550, the creditor shall present the settlement of the capital, interest and costs. The person who has been executed shall be informed of the execution within three days.
Approved the settlement, whether by conformity or silence of the debtor or by the judge having rejected the observations, the creditor shall be paid immediately. of the amount that I will turn out.
II. When the embargo or withholding has been placed on a credit of the executed person, the executing person shall be entitled, for that fact, to carry out the judicial or extrajudicial proceedings for its recovery.?
ARTICLE 38o.-(AUCTION AND PUBLISH NOTICE) Replace article 526 with the following: (HAMMER, REMATE NOTICE, AND PUBLICATION)? I. The Superior District Courts will open a register in which they will be able to register as a hammer man who will meet
the requirements of suitability to be regulated by the Supreme Court. It will be drawn from that register the hammer that will accept the position within third day of notification, except if
there will be agreement of parts to propose and meet requirements to the satisfaction of the judge. The gunner may not be challenged; however, the authority that proceeded to the designation may remove it if
mediate serious circumstances. The act of remate shall be carried out by the designated hammer-man who shall not be able to delegate his duties, except for the express authorization
authority. Where there is no hammer, a notary of public faith will work. II. The checkmate notice will contain the names of the executor, executed and hammer or notary, the goods to
be returned, the base of these and the place of the auction. III. The notice, at the discretion of the judge according to the economic importance of the goods, will be published once or twice with
interval in this case, six days in a press organ, or in the absence of it will be broadcast on a broadcaster or television, national or local, in the same way and under the same conditions. Where there is no means of dissemination, the notice will be fixed on the board of the court and in other places that at the discretion of the judge, assure the maximum publicity of the auction.?
ARTICLE 39o.-(WARRANTY DEPOSIT) Replace item 527 with the following: ? I. All interested in the auction must deposit before the hammer, before or in the act of the auction twenty percent of
the base, by bank judicial deposit, or in check visa to the order of the judge, or in cash. II. The deposits of the bidders who do not obtain the award shall be returned to them immediately, except in the case
provided for in Article 528 paragraph III and the deposit of the successful tenderer shall pass to a banking entity in the order of the judge.
III. In places where there is no bank office, the deposit of the successful tenderer will remain in the power of the martyr until the judge determines what is coming.?
ARTICLE 40o.-(PAYMENT OF AMOUNT) Replace item 528 with the following: ? Art. 528. (CONDITIONAL ENTITLEMENT)
The successful tenderer must pay within a third day the balance of the amount corresponding to the well awarded. As long as you do not pay the price balance, you will not be able to perform legal acts of the good or constitute it as
guarantee for the performance of obligations. The payment of the price within the period shall consolidate the right of the successful tenderer, which will have effects with retroactive effect
from the moment of the award.
If the successful tenderer will not oblast the price within the indicated term, will resolve its right retroactively until the time of the award and will lose the deposit made that will be consolidated in favor of the Judicial Treasury with discount from the coasts caused to the performer, being able the bidder that offered the price immediately lower the value of his/her offer, provided that he has not withdrawn his/her deposit.
The second adjudicant shall oblate the price within three days of the expiration of the period of the first time. If you do not oblate the price, your right will also be settled retroactively and you will lose the deposit in the form indicated in the previous paragraph.?
ARTICLE 41o.-(PREVIOUS MEASURES)
Incorporate as number 4) to item 536 the following: ? 4) The certifications referred to in numerals 1) and 2) must be issued by the appropriate, low
liability, within a maximum of five days, expired, which, with reports or without them, will continue the proceedings of the auction, which will be put on record in the auction notices.?
ARTICLE 42o.-(ABSENCE OF BIDDERS) Replace item 542 with the following: ? I. If the right of the first successful tenderer is resolved and the second bidder does not use the power conferred on him by the
paragraph II of Article 528, his right shall also be resolved, or if the auction does not present itself, the He will report within twenty-four hours to the judge of the case, who on its own initiative or at the request of a party, will point out a new day and time for the auction, with the reduction of twenty-five percent of the value of the base.
II. the second auction is also not a bidder, the creditor will be able to claim the good in eighty percent of the last base. If the creditor does not use this power, the sale shall be ordered without basis and to the highest bidder, in which case the deposit of guarantee shall be determined on the percentage fixed in this paragraph.
III. In all the chaos in which it will be performed a new auction the notices will be published for once with five days in advance.?
ARTICLE 43o.-(RESOLUTION DECLARATION) Replace article 543, by the following: ? Art. 543. (DECLARATION OF RESOLUTION)
The resolution of the right of the successful tenderer shall be declared by the judge, either on its own initiative or at the request of a party, by the sole fact of the failure to pay the price balance. This resolution shall be delivered within twenty-four hours.
The right shall be terminated for the non-existence of the award made in favour of the bidder, corresponding to the provisions of paragraph III of the Article 528.?
ARTICLE 44o.-(AUCTION NULLITY) Modify Article 544 in the following manner:?I. The judge may declare the auction void for lack of the publications provided for in Articles 526 and 539. II. Nullity shall be considered within the third day of the auction and shall be treated as an incident. III. However, the nullity does not proceed if the act, although irregular, has achieved the end to which it was intended, unless it is
caused indefencelessness.?
ARTICLE 45o.-(LIFTING PRECAUTIONARY MEASURES) Replace article 548 with the following: (LIFTING PRECAUTIONARY MEASURES AND DELIVERING THE GOOD) ? I. Any precautionary measure that has fallen on the well-topped shall be lifted once the auction has been approved. II. Paying the price, it will be delivered to the successful bidder of the well-topped, freeing the command effect of
removal, which will be executed with the aid of the public force if necessary. No third party rights may be altered from legal acts duly registered prior to the embargo or those documents having a certain date, with the parties concerned being able to deduce opposition by incidental means within the time limit. ten days of the notification to the executed, occupants and holders.?
ARTICLE 46o.-(HAMMER OR NOTARY COMMISSION) Modify paragraph I of Article 549 in the following terms: ? I. The commission of the hammer or notary, shall be paid according to the tariff set by the Supreme Court of Justice and in its
defect by the judge in consideration of the work done and the importance of the matter in an amount that cannot be greater two percent of the value of the thing.?
CIVIL CO-ACTIVE EXECUTION OF COLLATERAL ARTICLE 47o.-(COACTIVE COLLATERAL REGIME) It incorporates as a new Chapter the following procedure for the civil co-active execution of mortgage and loan loans, which will be listed as Title II of the Intitled Third Book? OF THE RUNNING PROCESSES? of the Code of Civil Procedure, following the title I nominated? OF THE EJECUTIVO? PROCESS. TITLE II
OF THE CIVIL CO-ACTIVE EXECUTION OF COLLATERAL ON MORTGAGE AND LOAN CREDITS
CHAPTER SINGLE COACTIVE AND PROCEDURE TITLE
ARTICLE 48o.-(COACTIVE TITLES) Execution (i) a civil liability for collateral, where applicable in the case of obligations for the payment of a liquid and payable sum, based on the following securities:
Registered mortgage credit, in which the debtor has expressly waived the formalities of the executive process.
registration, also registered, with respect to whose execution the debtor has expressly renounced the formalities of the executive process.
ARTICLE 49o.-(PROCEDURE) Promote the coactive execution, the following will be observed procedure:
In time to raise the claim, the creditor shall accompany the co-active title that justifies it and request the precautionary measures that interest his or her right.
The judge shall examine the title presented by the creditor and if I consider that it has sufficient coactive force, it will dictate judgment, ordering the embargo and carry forward the co-active execution, will give judgment, order the embargo and carry forward the co-active execution until the sum claimed, interest, expenses and costs are made effective within the period of three days, under the warning the auction of the goods in accordance with the provisions of Articles 496 and 502.
If I consider that the document lacks coactive force, it will declare that there is no place for execution. The resolution is appealable in the suspensory effect.
In one and the other case it will be delivered without news of the debtor.
The precautionary measure will effectively be fulfilled, it will be cited to the coactivated, who can only oppose, all together and properly documented in the corresponding cases, the exceptions of incompetence, lack of coactive force, falsehood and inability of the title, prescription and documented payment, within the deadline of five fatal days from the summons with the demand and statement.
The judge will reject without substantiation:
All the exception that is not of the enunciated;
Those that, corresponding to those mentioned, do not force the opposite with clarity and precision;
Those that, being linked to questions of fact, are not justified with literal proof or indication of the means of evidence be used.
If the exceptions are accepted, they will be substantiated within an unextendable probative period of ten days, balance that is of pure right.
If you have not opposed exceptions or if these are rejected as inadmissible, will continue to be coactive without another processing.
ARTICLE 50o.-(RESOLUTION AND EFFECTS)
The resolution rejecting the exceptions and the one that is given in the cases provided for in paragraph IV of the previous article will be appable in the return effect.
If the exception is declared proven, the resolution
right to promote ordinary demand in the manner provided for by Article 490 and shall be processed separately.ARTICLE 51o.-(ORDER OF AUCTION)
After the deadline without having paid the obligation or rejected the exceptions, the judge, without further processing, order the sale of the goods in guarantee, to which effect the valuation of the goods shall be carried out, unless the sale of the goods has been established for the highest bidder or the parties of the common order so request. agreement.
The procedure of the auction shall be subject to the provisions of Chapter II, Title II of Book III of the Code of Civil Procedure with the modifications laid down in Articles 32 to 46 of this Law.
CHAPTER VI OF THE DIRECT RESOURCE OF NULLITY
ARTICLE 52o.-(MODIFICATION TO THE DIRECT RESOURCE OF NULLITY) Reform Chapter IV, Title VII of the Fourth Book of the Code of Civil Procedure, in the following terms:
Any act or resolution it is a matter of public or judicial authority that usurps functions that do not compete with or exercise jurisdiction or power that does not emanate from the law;
Acts or resolutions issued by a judicial or judicial non-judicial authority, which has ceased to their functions or are suspicious of them.
ARTICLE 54o.-(LAYOUT) The an aggrieved person, at any point in the process or after its notification with the final decision, alternatively, may:
Submit directly the appeal to the court or judge which has the power to judge in the first instance to the authority which has been exceeded in the performance of its duties, by crediting its personnel and accompanying testimonies, copies or legal photocopies of the resolution causing it and other records of the process it considers relevant;
Announce the authority that performed the act or dictated the resolution, which will make use of the appeal, requesting at the same time a legal testimony, copy or photocopy of the relevant decision, of the proceedings of notification, of the antecedents that prove their personeria or other pieces, that they will be franked without repair in the maximum term of forty-eight hours.
ARTICLE 55o.-(PLAZA) The appeal shall be filed by the appellant or by the person representing him within the thirty-day period, which shall be computed from the performance of the act or the notification with the resolution. ARTICLE 56o.-(ADMISSION OR REJECTION)
The court or judge, within five days of receipt of the appeal, shall have its admission or rejection available.
Admission shall be prepared upon verification of compliance with the following requirements:
The jurisdiction of the court or judge.
The appellant's person.
The interposition of the resource in legal term.
The court or judge may reject in limit the appeal when it is manifestly lacking in legal content that gives merit to a decision on the
ARTICLE 57o.-(CITATION PROVISION) Admitted to the appeal, provision is made to the appealed authority, ordering it to raise the original file within twenty-four hours, under the responsibility. In the event of non-compliance, criminal prosecution shall be provided. The court or judge may also provide for the referral of the file by means of facsimile, telegram or other means of communication accepted by this Law. ARTICLE 58o.-(SUSPENSION OF JURISDICTION OF THE APPEALED AUTHORITY)
From the moment that the provision is made, the jurisdiction of the contested authority shall be suspended in relation to the specific case and shall be null and void The right to a resolution that will be passed later.
If thirty days after the admission of appeal, the authority under appeal shall not be notified of the judgment to be given, it shall resume its jurisdiction.
ARTICLE 59o.- (JUDGMENT AND EFFECTS) Elevated the original file to the court or judge, the court or tribunal, thirty days, deliver judgment stating:
Unfounded the appeal, where the court or judge considers that the authority under appeal has jurisdiction and jurisdiction, with the imposition of costs on the appellant, or
the judgment or the act under appeal, where the court or tribunal finds that the authority has not jurisdiction or jurisdiction, or has issued the judgment after having ceased or suspended its functions. In these cases, he will have, on his own initiative, the background referral to the authority that corresponds to the prosecution of the public authority for the crimes of usurpation and prolongation of functions.
REFORMS TO THE FAMILY CODE
ARTICLE 60o.-(NEW PROCEDURAL REGIME) Modify Section I of Chapter VI, Title II book Fourth of the Family Code referred to? SUMMARY JUDGMENTS OF REQUEST FOR FAMILY ASSISTANCE. SECTION I
OF THE PROCESS FOR HEARING FOR FAMILY ATTENDANCE
ARTICLE 61o.-(LAWSUIT AND REPLY)
The demand for family assistance, outside the case of divorce, will be filed with the family judge, by crediting the title in whose virtue it is requested and indicating the sum to which the party is entitled, fulfilling the following requirements:
The claimant shall accompany the documentary evidence on his or her I shall be able to give you any further proof that I will try to avail yourself and be relevant to your right.
The list of witnesses with the designation of first and last names, marital status, profession, trade or usual occupation, domicile and identity card number.
If the assistance is requested by the person who is not a spouse, or by whom he is not a child In addition, it must justify its position of necessity and the impossibility of seeking its own means of subsistence by itself.
The application is admissible, it will be carried out in transfer to the defendant in order to answer it within the five days.
ARTICLE 62o.-(INTERIM FIX) If family assistance is requested by the defendant's spouse or son, the judge may provisionally fix it, by providing on the claim. ARTICLE 63o.-(PRELIMINARY HEARING)
With the response to the request or without it, the judge shall indicate day and hour for preliminary hearing that shall take place within a period that may not exceed 15 days, counted from the answer or expiration of the term.
The parties must appear to the hearing in a personal manner, unless it is well founded to justify the appearance by representative.
ARTICLE 64o.-(UNJUSTIFIED APPEARANCE)
When without cause, the defendant does not appear to the hearing, the judge will continue in its default and shall have for certain the facts alleged by the acting party.
When the person who does not appear justified is the acting party, the judge shall declare the withdrawal of the claim.
If the party does not appear justify your inattendance, the hearing may be deferred only for once.
ARTICLE 65o.-(AUDIENCE CONTENT) At the preliminary hearing the following activities will be performed:
Allegation of new facts, as long as they do not modify the pretense or defense and clarification of their fundamentals will result in imprecise, obscure or contradictory.
Contstation by the plaintiffs party to the previous exceptions opposed by the defendant and receipt of the evidence proposed in support of the exceptions.
Decision of the opposing previous exceptions and the nullity raised or the ones that the judge has warned. Resolution, on its own initiative or at the request of a party, of all the issues that correspond to the healing of the process.
Attempt to reconcile the judge with respect to all or some of the controversial points. If a total agreement is reached, it shall be approved in the same act as an end to the process. If the reconciliation is partial, it will be approved as appropriate, and the process on the unreconciled points must be continued.
Fixing the object of the test, admitting the case and having its reception in it hearing, or alternatively, rejecting the inadmissible or otherwise manifestly impertinent.
ARTICLE 66o.-(SUPPLEMENTARY HEARING)
If the evidence has not been fully received at the preliminary hearing, in the The same day and time of the supplementary hearing will be made within the fifteen days. The hearing shall not be suspended for any reason and shall not cease to be evidence by the absence of one of the parties.
Witnesses and experts will remain in the room for the purposes of any additional statements or statements, except that the judge authorizes their withdrawal.
All actions will be settled in summary minutes.
ARTICLE 67o.- (RESOLUTIONS HANDED DOWN IN HEARING)
The decrees of mere processing dictated in the course of the hearing allow for the use of replacement, which must be proposed in the same and immediately resolved by the judge.
on production, refusal and prosecution of the test, as well as the interlocutors that resolve Prior exceptions, they admit appeal in the deferred effect, according to which, without prejudice to the enforcement of the appealed resolution, the procedure of the appeal is reserved until the state of an eventual appeal of the judgment, in which case will be moved from both resources to the appealed party so that it will answer them and be resolved by the superior in a joint manner.
If the resolution declares the exception of litipendens, the accumulation will be ordered corresponding.
ARTICLE 68o.-(STATEMENT)
The hearing, the judge, is concluded without need of petition, will dictate judgment in the same or within the following five days counted from its conclusion.
If the claim is proven, the judge will set the family attendance pensions by a percentage amount in relation to the income of obligated, or in a fixed amount, or in specific material benefits equivalent to that amount, ordering its payment from the date of citation with the claim.
ARTICLE 69o.-(APPEAL)
The judgment which refuses the assistance is appealable in the suspensory effect, and the one that sets it, only in effect (a) In both cases, it shall be written in writing within five days and shall be carried forward to the other party, which shall reply within a further five days, being able to accede, in which case a new transfer shall be made for its defence in the The same time limit.
Unfounded appeal and membership will be rejected out of hand by the judge, with the resources not deducted.
In the second instance, the prosecutor will issue an in-depth opinion within five days, and the judge shall give an opinion in the ten-day period, which is computable since the file has been sent, with or without an opinion.
The car of view will not admit an appeal.
ARTICLE 70o.-(COMPLIANCE WITH ASSISTANCE) Practical the liquidation of the family assistance, the provisional or the definitive, if within the third day of the intimated the payment have been made effective, the judge, at the request of a party or of an office and without any other substantiation, shall have the embargo and the sale of the goods of the obligor to the extent necessary to cover the amount of the pensions payable, all without prejudice to the Article 11 of Law 1602 of 15 December 1994. ARTICLE 71o.-(LEGAL INTEREST) The non-satisfied family assistance will become the legal interest provided by Art. 414 of the Civil Code, starting from the car that approves the corresponding settlement. ARTICLE 72o.-(AUTOMATIC RESET)
If the assistance fixed is a percentage, the increases in salaries, salaries and income will determine the automatic adjustment of family assistance pensions, so that the percentage fixed will remain in constant form. ARTICLE 73o.-(EESC OR MODIFY) The request for a cessation, increase or decrease in family attendance will be substantiated in accordance with the procedure provided for in this Section, without interrupting the perception of the assistance already fixed. In the case of an increase in family attendance, the new amount that the judge shall set shall govern from the notification with the request, in accordance with the provisions of Article 68 paragraph II of this Law. In the event of termination or reduction, it shall be governed by the date of the relevant decision. ARTICLE 74o.-(CHARACTER OF THE PROCESS BY AUDIENCE AND EXCEPTION OF THE ORDINARY) The procedure for the request for family assistance is the one regulated in this Section and will not accumulate to another process, except for the divorce, in which case it will not be suspended the provisional assistance fixed in the process by the hearing until the judge of the divorce proceedings, in which the proceedings continue, provides for the appropriate action. SPECIAL PROVISIONS FIRST. (INAPPLICABILITY) The provisions of the Hearing Process for the establishment of family assistance are not applicable to the processes of divorce and unilateral rupture of the free or de facto conjugal unions. SECOND. (PROCEDURAL CONSOLIDATION)
Judges and courts have a duty to correct defects and to save omissions that are noticed in the course of the case, in the following procedural moments:
In ordinary processes, time of entry into the evidentiary phase, in the same car that declares the procedural relationship locked and sets the path of substantiation of the cause.
In executive processes, in time to test the opposing exceptions for the executed.
In eviction processes, payment offer followed by consignation and, in general, processes In addition, in time to provide for the defendant's answer.
In the necessary competitions of creditors, in time to provide the memorial of the defendant, or in his rebellion, and in the voluntary contests, the the time limit referred to in Article 568 of the Code of Civil Procedure.
In the interdicing processes, in the same test admissibility order of the actor or, if applicable, in time to provide for third party opposition.
Single-personal judges acting in the second instance, at the time of the first
The second-instance collegiate courts, in time to dispose of the cause for the alzada resolution.
The duty of procedural sanitation is imposed ex officio, is of observance inexcusable and its compliance, under the responsibility, cannot be delayed for more than five days counted from each of the procedural moments set out in paragraph I.
THIRD. (COMPLEMENTATIONS AND DEROGATIONS) CIVIL PROCEDURE CODE
(Complementations). Complement the articles: 133, 135, 223, 231, 241, 262, 319 numeral 2 with the incissos d) and e), 491 with paragraph IV, 509 with paragraph III, 522 with paragraph II, 536 with the numeral 4.
(Derogations). Articles: 20 to 49, 191, 255 (numeral 1 in terms of executive processes), 490, 511, 520 paragraph II, 521, 523, 524, 526, 527, 528, 542,543, 544, 548, 549 paragraph I and 768 to 774.
FAMILY CODE (Repeals) Repealed Articles 428, 429, 430, 431, 432, 433, 434, 435, and 437. FOURTH. LAW OF JUDICIAL ORGANIZATION
(Derogations). Repeal article 32 (3), 10 (10), (4), (4), (4), (4) and (6) of Article 107 (3) and (6) of Article 107 (4) and Article 109 (4).
(Modifications). Modify Articles 76, 84, 101, and 105 numeral 8 in the terms of Chapter IV of this Act referred to Recusations and Excuses.
(Regulatory Clarification). Emerging from the abrogation of the article 191 of the Code of Civil Procedure, understand the obligation contained in Article 249 of the Law of the Judicial Organization, in the sense that the examination of the process, as a duty of the courts of instance, will be carried out in the procedural moments noted in the Second Special Disposition.
TRANSITIONAL FIRST. (VALIDITY)
The procedural rules of this Law are immediate application and even reach the processing processes.
Without prejudice to the foregoing paragraph, a legal vacation of three months is established. from the publication of this Law for the validity of the reforms to the Family Code referred to the process by audience
for fixing family attendance. SECOND. (SYSTEM OF CENTRALIZED DILIGENCE) The Supreme Court of Justice is empowered to implement it by means of agreed letters from the Centralized Diligences System in the judicial districts of the country. THIRD. (NORMATIVE ORDINATION) The Ministry of Justice is entrusted with the normative management of the Code of Civil Procedure, including the provisions of this Law. I went to the Executive Branch for constitutional purposes. It is given in the Session Room of the Honorable National Congress, at twenty-six days of the month of February of a thousand nine hundred and ninety-seven years. Fdo. Raul Lema Patino, Georg Prestel Kern, Walter Zuleta Rroncal, Horacio Torres Guzmán, Imel Copa Velasquez, Aida Moreno de Claros Therefore, it was enacted to be held and complied with as the law of the Republic. Palace of Government of the city of La Paz, at twenty-eight days of the month of February of a thousand nine hundred and ninety-seven years. FDO. GONZALO SANCHEZ DE LOZADA, Jose Guillermo Justiniano Sandoval, Rene Oswaldo Blattmann Bauer.
