Introduces Modifications To The Code Of Civil Procedure, In The Field Of Notifications


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"Sole article.-Introducense the following amendments to the code of Civil procedure: 1. replace article 41 with the following:" article 41.-in places and free public access enclosures, personal service can be made on any day and at any hour, trying to cause less possible discomfort to the notified. "" Executive trials, the order for payment in public may not be, and demand in a place or venue of free public access have been notified, shall apply provisions of the N ° 1 ° of article 443.
In addition, the notification may be on any given day, between six and twenty-two hours, in the abode or place overnight where the notified the premises where it ordinarily carries its industry, profession, or employment, or in any enclosure that is private in that it is and which allow access to the Minister's faith.
If the notification is carried out in working day, periods shall commence to run from the zero hour of the working day immediately following, and increase if any practiced outside the commune where the Court operates, deadlines in the way established in articles 258 and 259.
Also, they are working for the office of the Secretary, the House that serves for office of the tribunal and the office or office of the Minister of faith who practice the notification notification. Judges do not may, however, be notified that perform their functions in-house. "."
2. replace the second paragraph of article 43 by the following: "certification must, in addition, indicate the date, time and place where notification took place and have been made in personal form, specify the manner or means with which the Minister of faith proved the identity of the notified.".
3. replace article 44 by the following: ' article 44.-If sought on two different days in your room, or in the place where normally exerts its industry, profession or employment, is not because the person who should be notified, will be that it is in the place of judgment and what is your abode or place where he is its industry profession or employment, for checking these circumstances the proper certification of Minister of faith.
Established two facts, the Court will order that notification is done by delivering the copies referred to in article 40 to any adult person who is in the residence or at the place where the person who is going to notify exerts its industry, profession or employment. If no one there, or if for any other cause is not possible to provide such copies to people who are in those places, a notice giving news of the demand, with exact specification of the parties, regarding the cause, judge referred to therein and the resolutions that are reported shall be determined at the door.
If the abode or place where overnight or place where usually exerts its industry, profession or employment, is in a building or enclosure free access, notice and copies are not allowed which is deliver to the goalkeeper or Manager of the building or enclosure, leaving witness expressly this circumstance. "."
4 Add the following second paragraph in article 58: "in those places where there is no judicial receiver, notification may be made by the notary public or official of the Civil Registry that exists in the town. In any case, the judge may always designate as a Minister of faith ad hoc to an employee of the Court, for the sole purpose of practicing the notification. ".".