Act 446 1998

Original Language Title: LEY 446 de 1998

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446 OF 1998

(July 7)

Official Journal No. 43,335 of 8 July 1998

For which certain rules of Decree 2651 of 1991 are adopted as permanent legislation, some of the Code of Civil Procedure are amended, others are repealed under Law 23 of 1991 and Decree 2279 of 1989, are amended and They issue rules of the Administrative Code and other provisions on decongestion, efficiency and access to justice.

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

PART I.

OF DECONGESTION IN JUSTICE

TITLE I.

GENERAL RULES

CHAPTER 1.

LAW OFFICES

ARTICLE 1o. FROM STUDENT SUPPORT TO JUDICIAL OFFICES. In order to assist in the decongestion of judicial offices and in accordance with the rules concerning law studies, the Superior Council of the Judiciary may dictate relevant agreements to regulate the performance of certain activities by law students, as equivalent to practices, which correspond to each academic pension.

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CHAPTER 2.

OF AUXILIARIES AND COLLABORATORS OF JUSTICE

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ARTICLE 2o. ACCEPTANCE OF THE CHARGE. The numeral 8 of the article 9or. of the Code of Civil Procedure, thus:

" 8. Any appointment shall be notified by telegram sent to the address on the official list, and shall indicate the day and time of the diligence to which it is due. A copy duly sealed by the respective telegraph office shall be added to the file. In the same way any other notification will be made.

The charge of auxiliary of the justice is of obligatory acceptance within five (5) days following the sending of the corresponding telegram so that it is excluded from the list, except justification accepted. The experts must be allowed within five (5) days after acceptance.

The telegram notification may be sent by registered mail to the office where the appointment of the assistant to the justice system is included in the process. "

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ARTICLE 3o. DESIGNATION AND QUALITIES. Add article 9or. of the Code of Civil Procedure with the following paragraph:

" Paragraph. In the heads of the judicial district and cities of more than two hundred thousand (200,000) inhabitants, only legal persons or natural persons who obtain a licence issued by the competent authority may be designated as auxiliary of justice. compliance with the regulations that the Superior Council of the Judicature has on the particular one, after accreditation by the applicant of the technical requirements, the suitability and the required experience. Licences shall be renewed every five (5) years.

In the other places for the designation of the auxiliaries of justice, the provisions 1 and 2 of this Article shall apply.

The lists of justice assistants will be mandatory for judges, judges and inspectors, and in no case will they be appointed as assistants who do not appear on the list, so that disciplinary action is not necessary.

Public entities that perform technical functions in the national or territorial order may be designated as experts without the need to obtain the license to treat this paragraph. "

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ARTICLE 4. DESIGNATION AND QUALITIES OF THE SEQUESTRES. Article 10 of the Civil Procedure Code, paragraph 4, will be as follows:

" In the heads of the judicial district and cities of more than two hundred thousand (200,000) inhabitants, only legal or natural persons who obtain a licence issued by the competent authority may be designated as sequestres, in accordance with the rules governing the Superior Council of the Judiciary, subject to the establishment of a guarantee of the performance of their duties in favour of the Council.

The telegram notification may be sent by registered mail to the office where the appointment of the assistant to the justice system is included in the process. "

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ARTICLE 5o. FEES OF THE AUXILIARIES OF JUSTICE. To article 388 of the Code of Civil Procedure, an item shall be added, which shall be the last, of the following wording:

"The fees of the curator ad litem shall be entered at the orders of the judicial office, who shall authorize their payment at the time of termination of the proceedings or at the time when the party represented by it appears."

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ARTICLE 6o. LIST EXCLUSIVE. The Civil Procedure Code will have a new article in the following tenor:

" Article 9A. Exclusion from the list. The judicial authorities will exclude from the lists of Justice auxiliaries, and will impose fines of up to ten (10) minimum monthly legal salaries as the case may be:

1. To those who have been convicted of crimes against the Justice Administration, they have been convicted.

2. To those who have given an expert opinion against whom objections have been raised for him, serious error or co-fact.

3. For those who, like sequesters, liquidators or curators with the administration of goods, have failed to give due account of their management, or have covered the balance in charge of them, or have reintegrated the goods entrusted to them or used them for their own benefit or of third parties, or are responsible for negligent administration.

4. To those who have not complied with the task of curator ad litem.

5. Persons to whom the registration or license has been suspended or cancelled.

6. To those who have entered into an official position by legal or regulatory situation.

7. Those who have passed away or are physically or mentally incapacitated.

8. Those who are definitively absent from the respective jurisdictional territory.

9. Those who do not have the right to accept or do not exercise the office of assistant or collaborator of the justice for which they were appointed.

10. To the aid of justice who has agreed to fees with the parties or has requested or received payment from them prior to the judicial establishment or above the value of the court.

11. Those being public servants would have been removed by disciplinary sanctions.

PARAGRAFO 1o. The exclusion and imposition of fines will be resolved by incident which will be initiated by the judge of trade or at the request of a party, within ten (10) days after the occurrence of the fact that originates from exclusion or from knowledge. In order to excuse the failure of the aid, the aid must be justified.

PARAGRAFO 2o. Also excluded from the list are the legal persons whose members incur the causals provided for in the numerals 2, 3, 4, 5, 9 and 10 of this Article, as well as the legal persons who lichen.

Legal persons may not act as auxiliaries of justice through persons who incur the grounds of exclusion provided for in this Article. "

CHAPTER 3.

ACCUMULATION

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ARTICLE 7o. ACCUMULATION OF CLAIMS AND PROCESSES IN ADMINISTRATIVE LITIGATION. Article 145 of the Administrative Accounting Code, will be as follows:

" Article 145. Accumulation of claims and proceedings in administrative disputes. In all the administrative litigation proceedings will proceed the accumulation of claims in the form established in the Code of Civil Procedure, as well as the accumulation of processes at the instance of any of the parties or of trade, in the cases established by the same Code. '

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ARTICLE 8o. ACCUMULATION OF CLAIMS AND PROCESSES IN LABOR MATTERS. The Work Code of the Work will have a new article of the following tenor:

" Article 25A. Accumulation of claims and processes in labor matters. In the labor processes, the accumulation of pretenses in the form established in the Code of Civil Procedure, as well as the accumulation of processes at the request of either party or of trade, in the cases established by the Code.

There will be no accumulation of labor processes that heal in different judicial districts. "

Editor Notes
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ARTICLE 9o. ACCUMULATION OF CLAIMS AND FAMILY PROCESSES. 626 of Law 1564 of 2012. It governs from 1o. of January 2014. In the terms of the numeral 6) of article 627, see in Previous Legislation the current text up to this date >

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CHAPTER 4.

OF TESTS

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ARTICLE 10. APPLICATION, CONTRIBUTION AND PRACTICE OF TESTING. 626 of Law 1564 of 2012. It governs from 1o. of January 2014. In the terms of the numeral 6) of article 627, see in Previous Legislation the current text up to this date >

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ARTICLE 11. AUTHENTICITY OF DOCUMENTS. 626 of Law 1564 of 2012. It governs from 1o. of January 2014. In the terms of the numeral 6) of article 627, see in Previous Legislation the current text up to this date >

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ARTICLE 12. EXECUTIVE TITLE. 626 of Law 1564 of 2012. It governs from 1o. of January 2014. In the terms of the numeral 6) of article 627, see in Previous Legislation the current text up to this date >

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ARTICLE 13. MEMORIALS AND POWERS. 626 of Law 1564 of 2012. It governs from 1o. of January 2014. In the terms of the numeral 6) of article 627, see in Previous Legislation the current text up to this date >

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ARTICLE 14. OF CRIMINAL PROCEEDINGS. 626 of Law 1564 of 2012. It governs from 1o. of January 2014. In the terms of the numeral 6) of article 627, see in Previous Legislation the current text up to this date >

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CHAPTER 5.

SPECIAL DISPOSITION

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ARTICLE 15. SPECIAL POSES AND POPULAR ACTIONS. 626 of Law 1564 of 2012. It governs from 1o. of January 2014. In the terms of the numeral 6) of article 627, see in Previous Legislation the current text up to this date >

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PART II.

EFFICIENCY IN JUSTICE

TITLE I.

GENERAL RULES

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ARTICLE 16. ASSESSMENT OF DAMAGES. Within any process that takes place before the Administration of Justice, the assessment of damages to people and things, will address the principles of integral repair and equity and will observe the criteria actuarial technicians.

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ARTICLE 17. PROCEDURAL TERMS. 626 of Law 1564 of 2012. It governs from 1o. of January 2014. In the terms of the numeral 6) of article 627, see in Previous Legislation the current text up to this date >

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ARTICLE 18. ORDER TO PROVIDE FOR JUDGMENTS. It is mandatory for Judges to issue the sentences in exactly the same order in which they have passed the files to the office for that purpose without such an order being altered, except in the case of a judgment. or legal prelation. However, in the processes of knowledge of the jurisdiction of the Administrative Contentious such order may also be modified in attention to the nature of the cases or at the request of the agent of the Public Ministry in attention to its importance Legal and social significance.

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The alteration of the order in which the preceding paragraph is dealt with will constitute disciplinary failure. In such cases, the Superior Council of the Judicature or the Sectional Councils, in terms of their jurisdiction, shall ask the Judge or the Rapporteur for the relevant explanation for administrative and disciplinary purposes. The Superior Council of the Judicature or the Sectional Councils shall work on their own initiative or at the request of those who have been affected by the alteration of the order.

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ARTICLE 19. PERENTION. 626 of Law 1564 of 2012. It governs from 1o. of January 2014. In the terms of the numeral 6) of article 627, see in Previous Legislation the current text up to this date >

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ARTICLE 20. ADVANCE JUDGMENT. 626 of Law 1564 of 2012. It governs from 1o. of January 2014. In the terms of the numeral 6) of article 627, see in Previous Legislation the current text up to this date >

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ARTICLE 21. ISSUE OF COPIES BY THE OFFICE OF GENERAL FILE OF THE JUDICIAL BRANCH. Officials of the management level of the Office of General File of the Judicial Branch are authorized to issue authentic or informal copies, total or partial and certificates, of the files in their custody which may be enforced before any authority for the relevant purposes, except to serve as an executive title. They are also empowered to carry out the breakdowns in the terms of the Code of Civil Procedure and other rules in this respect.

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ARTICLE 22. FINES. 626 of Law 1564 of 2012. It governs from 1o. of January 2014. In the terms of the numeral 6) of article 627, see in Previous Legislation the current text up to this date >

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ARTICLE 23. NOTIFICATIONS OF PUBLIC ENTITIES. 626 of Law 1564 of 2012. It governs from 1o. of January 2014. In the terms of the numeral 6) of article 627, see in Previous Legislation the current text up to this date >

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ARTICLE 24. REPRESENTATION OF PUBLIC ENTITIES IN LABOR MATTERS. Article 149 of the Administrative Accounting Code will be applicable in labor matters.

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ARTICLE 25. CREDIT SETTLEMENT. Add article 521 of the Civil Procedure Code with a paragraph of the following tenor:

" Paragraph. In civil proceedings and in the case of the settlement of claims, if the claimant or, where appropriate, the defendant in the case of an assisted by a judicial proxy, does not present it within the meaning of the Code of Civil Procedure, he shall not be entitled to objecting to the liquidation carried out by the Registrar. '

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TITLE II.

FAMILY EFFICIENCY

CHAPTER 1.

FAMILY COMPETENCE

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ARTICLE 26. SPECIAL JURISDICTION OF FAMILY JUDGES. 626 of Law 1564 of 2012. It governs from 1o. of January 2014. In the terms of the numeral 6) of article 627, see in Previous Legislation the current text up to this date >

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CHAPTER 2.

FAMILY PROCESSES

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ARTICLE 27. DIVORCE, SEPARATION OF BODIES OR PROPERTY BY MUTUAL CONSENT. 626 of Law 1564 of 2012. It governs from 1o. of January 2014. In the terms of the numeral 6) of article 627, see in Previous Legislation the current text up to this date >

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CHAPTER 3.

OF FAMILY JUDGING POWERS

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ARTICLE 28. FAMILY JUDGMENT POWERS. 626 of Law 1564 of 2012. It governs from 1o. of January 2014. In the terms of the numeral 6) of article 627, see in Previous Legislation the current text up to this date >

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ARTICLE 29. OF THE CEO PROCESSES. 626 of Law 1564 of 2012. It governs from 1o. of January 2014. In the terms of the numeral 6) of article 627, see in Previous Legislation the current text up to this date >

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TITLE III.

ADMINISTRATIVE EFFICIENCY

CHAPTER 1.

OF THE JURISDICTION OF ADMINISTRATIVE LITIGATION

SECTION 1.

JURISDICTION OBJECT

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ARTICLE 30. OBJECT OF THE JURISDICTION OF THE ADMINISTRATIVE LITIGATION. 2 of Law 1107 of 2006 >

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SECTION 2.

ACTIONS IN THE JURISDICTION OF ADMINISTRATIVE LITIGATION

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ARTICLE 31. DIRECT REPAIR ACTION. Article 86 of the Administrative Contentious Code, will remain as follows:

" Article 86. Direct repair action. The person concerned may directly sue the repair of the damage when the cause is a fact, an omission, an administrative operation or the temporary occupation or permanent of immovable property by public works or by any other cause.

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Public entities should promote the same action when they are convicted or have reconciled by an administrative action caused by a serious fault or by a server or former public servant that was not linked to the process. 1), or where they are adversely affected by the action of a private individual or another public entity. "

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ARTICLE 32. OF THE CONTRACTUAL CONTROVERSIES. Article 87 of the Administrative Contentious Code, will remain as follows:

" Article 87. Of the contractual disputes. Any party to a state contract may request that its existence or its invalidity be declared and that the statements, convictions or consequential refunds be made, that its review be ordered, that its non-compliance be declared and that it be condemned the person responsible for compensating the damages and for making other statements and convictions.

The acts offered before the conclusion of the contract, on the occasion of the contractual activity, will be demanded by the actions of nullity and nullity and restoration of the right, as the case may be, within thirty (30) days following their communication, notification or publication. The interposition of these actions will not interrupt the tender process, nor the conclusion and execution of the contract. Once thisis held, the illegality of the previous acts only can be invoked as the absolute nullity of the contract.

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The Public Ministry or any third party that accredits a direct interest may request that its absolute nullity be declared. The Administrative Judge is empowered to declare it of its own motion when it is fully established in the process. In any event, such a declaration may be made only as long as the contracting parties or their successors in title are involved.

Editor Notes
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In the executive processes resulting from convictions imposed by the Administrative Litigation Jurisdiction the regulation of the single largest single executive process contained in the Code of Civil Procedure will apply. "

SECTION 3.

COMPETENCIES

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