Why Some Instruments For Seeking Co-Existence, The Effectiveness Of Justice And Other Provisions

Original Language Title: Por la cual se consagran unos instrumentos para la búsqueda de la convivencia, la eficacia de la justicia y se dictan otras disposiciones

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Law 418 of 1997 (December 26)
Official Gazette No. 43201 of December 26, 1997
By which some instruments for seeking co-existence, the effectiveness of justice and dictate other provisions. Summary

Term Notes

THE CONGRESS OF COLOMBIA DECREES: FIRST PART


GENERAL PART ARTICLE 1o. Enshrined in this law rules are intended to provide the Colombian state of effective instruments to ensure the enforcement of social and democratic rule of law and guarantee the full rights and fundamental freedoms recognized in the Constitution and / or international treaties approved by Colombia. Effective Notes

Article 2.
. In the application of the powers conferred by this law, the criteria of proportionality and necesariedad will continue, while for determining their content and scope, the interpreter must crucial factor the wording in the natural and obvious meaning of the words, without unravel the pretext that his spirit may powers expressly conferred not be used.
In exercising the same powers it may not undermined the core of fundamental rights, nor alter the distribution of powers established in the Constitution and laws and their application for the purpose of achieving coexistence will always consider peaceful. Effective Notes


ARTICLE 3. The State shall strive for the establishment of a just social order that will ensure peaceful coexistence, protection of the rights and freedoms of individuals and adopt measures in favor of discriminated or marginalized groups, aimed at achieving conditions of real equality and provide all of the same opportunities for proper development, that of their family and social group. Effective Notes


ARTICLE 4. The authorities shall ensure that individuals resolve their differences in a democratic and peaceful manner, facilitate the participation of all in decisions that affect them and should resolve promptly requests citizens to submit them to satisfy their needs and the prevention and treatment disturbance of security, tranquility, health and the environment. Effective Notes

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The 5th ITEM. The authorities ensure conformity with the Constitution and laws of the Republic, the free development, expression and action of civic, social and popular protest movements. Effective Notes


ARTICLE 6o. In the general part of the national development plan and in those taking the territorial entities shall be indicated precisely the goals, priorities and macroeconomic policies aimed at achieving equitable social development and to integrate the regions of colonization, or traditionally marginalized or where state presence is insufficient to fulfill the purposes of article 2. of the Constitution in order to propender for achieving coexistence within a just, democratic and peaceful order. Effective Notes


ARTICLE 7. The boards of First Commissions of the Senate and House will form a commission which will seat all political parties and movements represented in the respective committees in charge of following up the implementation of this law, receive complaints arising in during the same and review the reports requested the national government.
The Government must submit reports within the first ten (10) days of each legislative period commissions in this article, referring to the use of the powers conferred by this law, as well as the measures to improve the economic conditions of the zones and marginalized groups of the Colombian population.
Reports submitted to the committees should articulately by indicators show compliance with the general purposes and specific contents of this law. Effective Notes

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TITLE I.

SEARCH TOOLS FOR LIVING TOGETHER

CHAPTER I. PROVISIONS TO FACILITATE DIALOGUE AND SIGNING OF AGREEMENTS WITH ARMED operating outside the law to demobilize, RECONCILIATION BETWEEN COLOMBIAN and peaceful coexistence. Effective Notes

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Article 8. Representatives expressly authorized by the national government in order to promote reconciliation among Colombians, peaceful coexistence and achieve peace, may:

- Perform all acts tending to talks and dialogues with organized the illegal armed groups.
- Overtaking dialogues, negotiations and sign agreements with spokespeople or representatives members of organized illegal armed groups, aimed to: obtain solutions to the armed conflict, the effective implementation of international humanitarian law, respect for human rights, the cessation of hostilities or decrease the reintegration into civilian life of the members of these organizations or transit legality and creating conditions which foster a just political, social and economic order.
Agreements and their contents will be deemed by the Government are necessary to advance the peace process and its compliance will be verified by national or international bodies for the purpose designated by mutual agreement by the parties.
These agreements should ensure the normal and full functioning of civil institutions in the region where the armed group influences outside the law subscribes.
Where provided by the national government as agreed by the parties, as part of a disarmament process, an international body may be responsible for functions such as administration, registration, control, destruction or disposal of weapons of organized outside the law and other activities needed to carry out the process armed group.
The respective international body agreed by the parties shall be accorded all facilities, privileges, of tax and customs character, and protection necessary for their establishment and operation in the country. PARAGRAPH 1.
. In accordance with the rules of international humanitarian law, and for the purposes of this Act, the term organized the illegal armed group, who under the leadership of a responsible command, exercise over a part of the territory such control allowing you to perform sustained and concerted military operations.
It is understood by member-representative, the person who organized the illegal armed group designated as his representative to participate in the dialogue, negotiation and signing of agreements with the national government or its delegates.
It is understood by spokesman civil society person not belonging to organized the illegal armed group, but with the express consent of this, participate on its behalf in peace processes, dialogues, negotiations and agreements. Not be admitted as spokesman, the person against whom Obre prior to the start of these, resolution or indictment. PARAGRAPH 2.
. Once started a process of dialogue, negotiation and signing of agreements, and in order to facilitate the development thereof, the relevant judicial authorities suspended the arrest warrants that have been issued or may be issued against the members representing the armed outside the law with which dialogues, negotiations or peace agreements are ahead organizations.
To this end, the Government shall inform the designated authorities initiation, termination or suspension of dialogues, negotiations and signing of agreements and certify the participation of people who act as spokespersons or members representatives of such armed groups operating outside of the law. The parties agree on joint verification mechanisms of the agreements, dialogues or if deemed appropriate approaches and may go to institutions or persons of national or international life to carry out such verification.
Similarly, the arrest warrants to be issued against the spokesmen after the start of the dialogue, negotiations and signing agreements for a term lasting these will be suspended.
Security and integrity of all those involved in peace processes, dialogues, negotiations and agreements in this Law shall be guaranteed.
PARAGRAPH 3.
. The national government or expressly authorized by the same representatives may agree with spokespersons or members representatives of armed organizations outside the law, in a peace process, and for purposes of this article, its temporary location or their members in precise and certain areas of the country, if deemed appropriate. In the aforementioned areas will be suspended the execution of the arrest warrants against them and other members of the organized group outside the law as well as during the course of the displacement towards them until the Government so determine or declare that it has completed this process. In addition, if agreed by the parties, at the request of the national government and temporarily it may suspend the execution of the arrest warrants against any of the members organized the illegal armed group outside areas , to advance own activities of the peace process.
In these areas, which may not be located in urban areas, should ensure the normal and full exercise of the rule of law. The Government will define the way public institutions work to guarantee the rights of the population. In accordance with agreed by the parties within the framework of the peace process, the Government in establishing the zones must:
1. Specify the geographical demarcation of the zones.
2. Establish the role of national and international bodies involved in the process of dereliction of weapons and transit to the legality of armed organizations outside the law.
3. Establish the conditions and commitments of the parties to define the timing and operation of the areas mentioned.
PARÁGRAFO 4o. The President of the Republic, by expressly and in the manner it deems appropriate order, determine the location and modalities of action of the security forces, and essential for it that the rights and freedoms of the community are not violated, or generate inconvenience or social conflicts.
PARÁGRAFO 5O. In the case of dialogues, negotiations or agreements with the national government, the membership of organized outside the law in question, an armed group be certified by a signed by the spokespersons or representatives appointed members list for this group , which explicitly recognize such quality.
This list will be received and accepted by the High Commissioner for Peace in good faith, in accordance with the principle of legitimate expectations, the basis of any peace agreement, without prejudice to the relevant checks. Effective Notes

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Article 9. Effective Jurisprudence

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ARTICLE 10. The address of any peace process solely for the President of the Republic responsible for the preservation of public order throughout the nation. Behalf of the Government who participate in the dialogue and peace agreements, they will do so in accordance with the instructions he issued to them.
The President of the Republic may authorize the participation of representatives of various sectors of civil society in the talks, dialogues and negotiations referred to in this chapter, when in his judgment to collaborate in the development of the peace process. Effective Notes

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ARTICLE 11.


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ARTICLE 12. Persons involved in the approaches, dialogues and negotiations and the conclusion of the agreements referred to in this chapter authorized the national government to not incur criminal liability or disciplinary grounds of Speaking at them.
PARÁGRAFO. They may request the file of the investigation, the preclusion of the same or any form of termination where it is demonstrated that the facts were developed at any stage of the process approaches, negotiations, dialogue, signing agreements and those arising from the implementation agreements. Effective Notes

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CHAPTER II.
PROVISIONS TO PROTECT AGAINST MINORS effects of armed conflict

ARTICLE 13. CHILDREN UNDER 18 YEARS OF AGE WILL NOT BE INCORPORATED ROWS FOR THE PROVISION OF MILITARY SERVICE. Students in eleventh grade, children who, under the Act 48 of 1993, are selected to perform such service, it shall defer their enlistment until the fulfillment of that age.

If accessing most of the youth who has deferred military service shall have been matriculated or admitted to an undergraduate program in college, you have the option of fulfilling their duty immediately or deferring it until the completion of their studies. If he opts for immediate compliance, the school will keep his place under the same conditions. Interruption of higher education shall make the obligation to join the military service. No higher education institution may require as a condition for the present undergraduate degree military card.
The civil or military authorities who disregard this provision shall incur grounds for misconduct punishable by dismissal. PARAGRAPH 1.
. The youth recruited who has deferred his military service until completion of his professional studies shall fulfill his constitutional duty as a graduate professional or professional technologist at the service of the Armed Forces in activities of social service to the community, civil works and tasks of nature scientific or technical in by the unit to which he is assigned. In this case, military service will last six months and will be homologated rural year period of practice, industry semester, compulsory social service or similar academic requirements established career as the respective degree requirement. In any case, replace the mandatory social service that section 149 of Act 446 of 1998.
Editor's Notes refers to
PARAGRAPH 2.
. The approval of compulsory social service in health careers will be appropriate, provided that the activities in the military service, respond to training and professional competence called to the ranks. Effective Notes

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ARTICLE 14. In addition to the criminal penalties provided for in Article 162 of the Criminal Code for those who are convicted of illegal recruitment of minors, they may not be creditors of the legal benefits covered by this law. Effective Notes

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TITLE II.
ATTENTION TO VICTIMS OF VIOLENT ACTS arising UNDER THE INTERNAL ARMED CONFLICT.
CHAPTER I. GENERAL PROVISIONS


ARTICLE 15. For the purposes of this Act, the term victims of political violence, those civilians who suffers harm to his life or serious deterioration in his personal integrity or property by reason of terrorist attacks, fighting, kidnappings, attacks and massacres in the context of internal armed conflict. Victims are displaced within the meaning of article 1. Law 387 of 1997.
Likewise, the term victim of political violence any minor to take part in hostilities. Effective Notes

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Editor's Notes

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ARTICLE 16. In implementing the principle of social solidarity, and given the special damage suffered by the victims, these receive humanitarian assistance, as understood by the indispensable help to meet the essential requirements in order to satisfy the rights that have been undermined by the acts set out in Article 15. This humanitarian aid will be provided by public entities as well: for the Social Solidarity Network, in developing its legal purpose and in accordance with the guidelines for the purpose by its Board of Directors, and by other public entities mentioned in the present law, within the framework of its powers, provided that the request is made within the year following the occurrence of the event. PARAGRAPH 1.
. If force majeure that prevent the victim timely filing the application, the term that refers to this provision should be counted from the time when the facts cease reason for such an impairment. PARAGRAPH 2.
. The national government will allocate the necessary resources in the General Budget of the Nation -Red Social- Solidarity in order to provide humanitarian assistance in accordance with the purposes of this Act. PARAGRAPH 3.
. The humanitarian aid will be delivered by the Social Solidarity Network directly, ensuring free in the process, so that beneficiaries receive it in full.
PARÁGRAFO 4o. The benefits of economic content to be granted to those displaced by Law 387 of 1997 Notes Effective

be governed Effective Jurisprudence

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ARTICLE 17. The Colombian Family Welfare Institute will design and implement a special program of protection for the assistance of all cases of minors who have taken part in hostilities or have been victims of political violence, within the framework the internal armed conflict.
The Colombian Institute of Family Welfare will give priority to children who have lost their family or whose family is not in a position to care for them, because of the acts referred to in this law assistance.
PARÁGRAFO. When the Operating Committee meets for the Abandonment of Arms and juvenile cases are treated, the defender must be cited family. Effective Notes

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ARTICLE 18. When it occurs any of the events referred to in Article 15 of this Law, the Municipality, the Municipal Attorney, or the entity that replaces it, shall prepare the census of affected persons in their life, personal integrity or property, containing at least the identification of the victim, the location and description of the event, and send it to the Social Solidarity Network within no more than 8 working days from the occurrence thereof.
Likewise, it issues an individual beneficiaries of the deceased, which must contain the same census data, an essential requirement for recognition of humanitarian aid by the Social Solidarity Network certification.
If the Social Solidarity Network states that any certified persons do not have the status of victim, this will lose rights under this Title, in addition to the criminal penalties that apply, and shall reimburse the sums of money and goods which he has delivered. If it's credit, the financial establishment granted may keep readjusting the conditions at the market rate.
PARÁGRAFO. The legal representative of the Social Solidarity Network will make lists of displaced persons in those cases where it is impossible them to municipal authorities. Effective Notes

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CHAPTER II.
ASSISTANCE IN HEALTH
ARTICLE 19.
hospital, public or private institutions, the national territory, providing health services, are required to pay immediate attention to the victims of terrorist attacks, battles and massacres way, caused by the armed conflict internal, and that require it, regardless of the socio-economic capacity of the applicants for these services without requiring a precondition for admission. Effective Notes

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ARTICLE 20.
services hospital medical, surgical and consist of:
1. Hospitalization.
2. medical and surgical equipment, osteosynthesis and orthotics accordance with the technical criteria set by the Ministry of Health.
3. Medicines.
4. medical fees.
5. Support services such as blood banks, laboratories, diagnostic images.
6. Transport.
7. Physical rehabilitation services, for time and according to the technical criteria set by the Ministry of Health.
8. Mental rehabilitation in cases where as a result of the terrorist attack remains severely disabled person to lead a normal life according to their situation, and the time and in accordance with the technical criteria set by the Ministry of Health. Effective Notes


ARTICLE 21. The recognition and payment of hospital services medical, surgical and referred to previous articles shall be made through the Ministry of Health under the resources of the Solidarity Fund and General Guarantee System Social security Health Fosyga. PARAGRAPH 1.
. For purposes of the implementation of the resources of the Sub-Account Catastrophe and traffic accidents Solidarity Fund and Guarantee (Fosyga) Events shall be understood as events or terrorist actions which arise in the context of internal armed conflict affecting the civilian population and that relate to terrorist attacks, fighting, attacks on towns and massacres. Unless they are covered by another health insurance agency. Effective Notes

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PARAGRAPH 2.
. The National Government and the National Council of Social safety is Health may review and adjust stops benefit coverage by the Fosyga. Effective Notes

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ARTICLE 22.
affiliated entities or Social Security Provident such as Social Insurance Fund, Family Compensation or Social Security Institute, RESULTING victims of the terrorist attacks referred to in this title shall be it referred, once they are given emergency care and stabilization is achieved, the hospital institutions that define these entities so that there is the required treatment continue. Costs related to the initial emergency treatment and subsequent treatment costs will be borne by the institutions of Welfare and Social Security.
PARÁGRAFO. Those who are in the situation referred to in this standard and not affiliated mechanism are located to an entity welfare or social security, will access the benefits for demobilized referred to in Article 158 of Law 100 of 1991, while not join the contributory scheme under employment contract relationship. Effective Notes


ARTICLE 23. The expenses for the care of victims covered with policies of health insurance companies or contracts with prepaid medicine companies will be covered by the State in accordance with the provisions of this Title, in that part package as defined in Article 20 which are not covered by insurance or respective contract or who are insufficiently services. Effective Notes


ARTICLE 24. The Ministry of Health shall perform the evaluation and control over aspects:
1. Number of patients treated.
2. medical and surgical actions.
3. Supplies and hospital supplies spent.
4. Cause of hospitalization and prognosis.
5. Patient's condition in front of the hospital corporation.
6. Other factors that constitute service costs, in accordance with Article 20 of this Law. Effective Notes


ARTICLE 25. The breach of the provisions of this chapter, shall be grounds for sanction by the competent authorities in carrying out their functions of inspection and surveillance in accordance with the provisions of Article 49 of Law 10 of 1990, and other related regulations. Effective Notes


CHAPTER III.
ASSISTANCE IN HOUSING

ARTICLE 26. Households affected by the acts referred to in Article 15 of this Law may access the Family Housing Subsidy under current regulations governing the material, to that effect is taken into account value of the solution housing the acquisition or recovery is subject to financing.
The Board of the National Institute of Social Housing and Urban Reform Inurbe, exercise the functions gives the current regulations governing the matter in relation to family housing subsidy referred to in this chapter, taking into account the constitutional duty to protect people who are in a situation of manifest weakness and the principle of solidarity, why should prioritize requests submitted households who have been victims.
In cases where because of the economic circumstances of the victims, they can not use the value of the subsidy to finance the acquisition or recovery of a housing solution, the amount thereof may be used to finance, in whole or in part, the value of rental fees for a housing solution. Effective Notes


ARTICLE 27. For the purposes of this chapter, the term "affected households" those defined in accordance with current regulations governing the matter, regardless of their expression in minimum monthly wages, that because of acts arising under the internal armed conflict, lose their solution fully or partially housing, so that does not offer the minimum conditions for habitability and stability in structures. Also, they have such character households whose members, at the date of occurrence of the act damnificatorio, were not owners of a housing solution and that because of those acts had lost the household member who derived their livelihood. Effective Notes


ARTICLE 28. Applicants to the Family Housing Subsidy under the conditions referred to in this chapter, shall be eligible for any of the plans declared eligible by the National Institute of Social Housing and Urban Reform, Inurbe. Effective Notes


ARTICLE 29. The maximum amount of family housing allowance referred to in this chapter is that accorded at the time of the application to beneficiaries of social housing.
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ARTICLE 30. Applications for the Family Housing Subsidy referred to in this chapter, will be attended by the National Institute of Social Housing and Urban Reform Inurbe, from within the resources allocated by the National Government Subsidy Social interest housing. The respective applications will be decided within ten (10) business days following its filing. Effective Notes


Article 31 shall apply to the Family Housing Subsidy referred to in this chapter, the provisions of the current regulations governing the matter, as it is not contrary to what is available here. Effective Notes


CHAPTER IV.
ASSISTANCE ON CREDIT

ARTICLE 32 OF INSURANCE POLICIES FOR INLAND or river. The financial institution official nature determined by the National Government, rediscount loans granted various credit institutions to finance the replacement or repair of vehicles (land and river), machinery, equipment, equipment, furniture and fixtures, working capital natural or legal persons, or have not the quality of merchants, and repair or reconstruction of buildings for commercial premises, in the case of victims of acts that Article 6 of Law 782 of 2002 refers to or where that the disorderly conduct warrants.
All these furniture, fixtures and personal property must be affected in the case of victims of acts that Article 6 of Law 782 of 2002 or in cases where the disturbance of public order concerns warrants. He
Likewise, developing the principle of solidarity the financial institution official nature determined by the National Government, awarded directly to the victims of acts that Article 6 of this law, loans to finance reconstruction or repair concerns property affected.
PARÁGRAFO. Notwithstanding the existence of credit lines for replacement or repair of vehicles, the national government will maintain protection insurance vehicles urban and intermunicipal public transport by water, land or in order to secure them against acts that Article 6 of concerns Law 782 of 2002 or in cases where the disorderly conduct warrants, cases in which the affected can not access the two benefits. Effective Notes

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ARTICLE 33. In carrying out its functions, the Social Solidarity Network will contribute to the realization of the transactions referred to in the previous article, as follows: the difference between the rate at which usually captures the Industrial Development Institute IFI, or the financial institution official nature appointed by the national government, and the rate at which the rediscount credits granted credit institutions is made, will be covered under the resources of the Social Solidarity Network, according to the terms for the purpose stipulated in the agreement to be signed between it and the Industrial Development Institute, IFI, or the financial institution designated official nature by the national government. The difference between the deposit rate Bank Granahorrar or financial institution official status indicated by the National Government and the rate at which actual credit is granted will be covered, increased by three (3) points, out of resources Social Solidarity Network, under the terms stipulated in the agreement to that effect is signed between it and the respective financial institution.
The agreements referred to this article the conditions and amounts that may have be specified, both re-discountable loans by the Industrial Development Institute, or the financial institution designated official nature by the national government, such as those give the Granahorrar bank or the financial institution of an official nature that the Government indicate, application of this chapter, for which the principle of solidarity and duty to protect people who are in vulnerable circumstances will be taken into account says .
PARAGRAPH 1.
. The agreements referred to in this article the conditions and amounts that may have both credits, re-discountable for Industrial Development Institute or the financial institution official nature appointed by the national government, such as those granted by the Granahorrar Bank or specify the financial institution of an official nature that the Government indicate, application of this chapter, for which the principle of solidarity and duty to protect people who are in obviously vulnerable circumstances are taken into account. In any case these credits may exceed 0.5 monthly interest. PARAGRAPH 2.
. Social Solidarity Network subsidize credit lines referred to in this chapter in accordance with regulations adopted by its Steering Council. Effective Notes

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Article 34. In implementing the principle of solidarity, the Fund for Financing the Agricultural Sector, Finagro, will rediscount operations carried out by entities belonging to the National Agricultural Credit System to victims of violent acts that in article 15 of this law to finance working capital loans and investment. Effective Notes


ARTICLE 35. In carrying out its functions, the Social Solidarity Network of the Presidency of the Republic will contribute to the realization of the transactions referred to in the previous article as follows:
The difference between the rate at ordinarily captures the Fund for Financing the Agricultural Sector -Finagro- and the rate at which the rediscount credits granted credit facilities will be covered under the resources of the Social Solidarity Network is made, according to the terms for the purpose stipulated in the agreement to be signed between the Fund for Financing the Agricultural Sector -Finagro- and Social Solidarity Network.
The agreement referred to in this title, conditions and amounts that may be the re-discountable loans by the Fund for Financing the Agricultural Sector in implementing this chapter, for which the principle is taken into account be specified solidarity and duty to protect people who are in circumstances of manifest weakness. Effective Notes


ARTICLE 36. Credit institutions designed to study appropriate procedures for credit applications referred to in this chapter, as a priority, in the shortest possible time and requiring only the strictly necessary documents for the effect.
The Banking Superintendency shall ensure the application of the provisions of this Article, for which credit institutions will be sent a monthly report stating which applications submitted, approved and rejected, in which case explaining the reason for rejection . Effective Notes

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ARTICLE 37. The Social Solidarity Network centralize information on persons who benefitin credits established here, with the data for the effect they must provide credit facilities granted various loans, for the purpose of financial institutions and public authorities to have accurate information on people who have benefited from specific credit line, preparing for it the respective lists. Effective Notes


ARTICLE 38. The credit institution to which the victim of violence raise the respective application, after studying the documentation, shall determine the impossibility of the applicant to provide a sufficient guarantee in accordance with sound practices of financial market and will proceed with the respective supports to request the certificate of guarantee to the National guarantee Fund, FNG, or the financial institution designated official nature by the national government.
When victims of the acts referred to in Article 15 of this Law effects found in the inability to provide sufficient security to answer for the appropriations provided for in the previous articles, that s loans will be guaranteed by the National Fund guarantees, FNG, or the financial institution designated official nature by the national government. Effective Notes

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ARTICLE 39. The credit institution may make cash before the National Guarantee Fund, FNG, or the financial institution designated official nature by the national government, the certificate of guarantee to be reimbursed the balance in his favor provided that, in addition to meeting the conditions have been agreed, credit the fund fruitlessly forward the necessary actions for recovery of sums due. Effective Notes

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ARTICLE 40.
. Effective Notes

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ARTICLE 41.
. Effective Notes

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CHAPTER V.


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