Introduces Modifications To The Decree Law N ° 2.695, 1979, Setting Standards To Regulate The Possession Of The Small Real Estate


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"Sole article.-Introducense to the Decree Law N ° 2.695, 1979, the following modifications: 1.-Add in the final paragraph of article 1, by replacing the final dot (.)" by a comma (,), the following sentence: "referred to the total or part of the good root, as applicable, provided by the internal revenue service.".
2. Add, in the second paragraph of article 4, after the dot (.), the following sentence: "the same tribute payment during the five years prior to the filing of the application will make full proof of possession with respect to the applicant.".
3 replaced the second article 8 paragraph °, by the following: "will not be applicable to the property tax, understanding as such which are registered on behalf of the Treasury, the regional Governments, municipalities and decentralized public services, or the misunderstood in inheritances deferidas for them, or to real estate in that are effecting positive from those facts that only the domain gives the right.".
4. Add, to article 9 the following final paragraph: "Yes as stated in the first paragraph as a result criminal action is brought, and this is welcomed, the Court will order canceling the registration that try to articles 12 and 14.".
5.-amending article 10, in the following terms: to) replace the existing paragraph then followed dot (.), which are detailed below: "the service will notify the internal revenue service so that this agency report, within the 15 working days following the date of receipt of the respective office, about the name, tax unique role and address of who appears , according to his record, as the owner of the property. "."
(b) Agreganse the following new subsections: "received the records referred to in the preceding paragraph, if a case of natural persons, the service will serve to the Civil Registry and identification service and the Electoral service, within the 15 working days following the date of receipt of the respective office, report of the last address recorded in such bodies the person According to the internal revenue service, appears as so-called owner, or his death.
Against this background the service shall notify the application, by registered letter, to the alleged owner of the property, enclosing a full copy of it.
Completed the previous steps, or without them when relevant agencies had not provided information within the time limits indicated about the so-called owner, service shall provide to the technical staff of its dependence, or engaged in the manner provided for in article 40, verify on the ground the concurrence of the requirements in article 2 °, and gather the data needed to identify the property by lifting the respective level, all if appropriate. Visit to terrain that is made should be recorded in the nearest corresponding police unit. "."
6.-amending article 11, as follows: to) replace, in its first paragraph, the phrase "in a newspaper or newspaper that the same service points" by "in a newspaper or newspaper with the largest circulation in the region to be determined by the service".
(b) add, in its paragraph first, then the final dot (.), which happens to be followed, the following: "also, as regards procedures of regularisation designed to be real estate located in geographic areas of difficult access, that service points, this resolution will be communicated via radio message in the Middle the same service determined.".
(c) replace, in its second paragraph, the opening phrase "publications will be the first days and fifteen of the month" for "publications will be either the first days and fifteen of the month".
7 Add the following final paragraph to article 15: "the resolution referred to in the paragraph and the statement referred to in article 25 of this law are subinscribirán apart from the respective registration of domain to which affects drainage, if you have knowledge of it.".
8 replacements subparagraphs second and third article 20 by the following: "presented opposition, which means as demand for all legal purposes, the service must not continue processing and shall immediately forward the history the judge of letters within the jurisdictional territory of civil is the venue, which will be notified by registered letter to the applicant and the opponent.
If the site is in two or more jurisdictional territories, the judge of any of them shall be competent. If there are several courts of the same jurisdiction, shall have jurisdiction which finds on duty at the time of the filing of the opposition. "."
9 replace subsection first article 22 with the following: "received the demand, the Court will examine if it invokes any of the foundations described in article 19 or if it meets the requirements of article 20. If you play them, you shall declare it inadmissible, ordering the registration referred to in articles 12 and 14 of this Act, which shall be appealable in accordance with the General rules in the same resolution, reported the refusal by the State daily the actor and personally to the defendant.
If the Court considers that the demand is redressed plausible rationale and meets the legal requirements, it will be mentioned parties to an audience of contestation in day and time certain, check between ten and thirty working days from your income, so the parts exposed to what suits their rights. Demand and its supplied will be notified at least three business days in advance to the verification of the hearing, under penalty of be taken for not deducted, must the court proceeding in accordance with the foregoing paragraph by ordering the respective registration, resolution, which shall be final. "."
10. replace, in article 29, the expression 'two' by 'five'.
11 replace the second paragraph of article 32 with the following: "Means service to the Undersecretary of the Ministry of national assets, which shall act through the real estate Division of Constitution.".
12 be deleted in article 37 the expression "under the terms of article 150 of the Civil Code" and add, following the final dot (.), which transforms into a comma (,), as follows: "and for all legal purposes concerning the good subject to regularization.".
Transitional article.-applications for regularization is found in procedures to the date of entry into force of this law, will continue to progress according to the regulations of the Decree Law N ° 2.695, 1979. That still does not have been admitted to processing by the service, are subject to the procedure laid down in this law. "."
Having complied with provisions of the N ° 1 ° of article 82 of the Constitution policy, and whereas the H. Congress has approved the observation made by the Executive; therefore promulgated and put into effect as a law of the Republic.