Act 446 1998

Original Language Title: LEY 446 de 1998

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ACT 446 OF 1998
(July 7)
Official Gazette No. 43335 of July 8, 1998
why some provisions of Decree 2651 of 1991 are adopted as permanent legislation modifying some of the Code of Civil procedure, repealing other of Law 23 of 1991 and Decree 2279 of 1989, amending and issuing rules of the Administrative Code and other provisions decongestion, efficiency and access to justice dictate. Summary

Term Notes

THE CONGRESS OF COLOMBIA DECREES: PART I.

decongestion IN JUSTICE
TITLE I.


GENERAL RULES CHAPTER 1.


OFFICE OF JUDICIAL ARTICLE 1o. STUDENT SUPPORT TO JUDICIAL OFFICES. In order to assist in the decongestion of judicial offices and in accordance with the rules on law studies, the Superior Council of the Judiciary may issue the relevant agreements to regulate the performance of certain activities by law students as equivalent to the practices corresponding to each academic curriculum. Effective Jurisprudence

CHAPTER 2.

OF SUBSIDIARY AND PARTNERS OF JUSTICE
Article 2.
. ACCEPTANCE OF CHARGE. Paragraph 8 of article 9. the Code of Civil Procedure, shall be as follows:
"8 All appointment be notified by telegram sent to the address shown on the official list, and it will indicate the day and time of the diligence which must concur. . Copy duly stamped by the respective telegraph office, will be added to the file. will be any other notice in the same way.
the office of auxiliary of justice is mandatory acceptance within five (5) days to sending the corresponding telegram on pain of being excluded from the list, unless justified accepted. the experts must take possession within five (5) days following acceptance.
the notification by telegram, you may be sent by registered mail supply the office stating the appointment of the auxiliary of justice in the process. "

ARTICLE 3o. APPOINTMENT AND QUALITIES. Article 9 hereby added. the Code of Civil Procedure with the following paragraph:.
"Paragraph headers In judicial district and cities of more than two hundred thousand (200,000) inhabitants, may be designated only as auxiliaries of justice natural or legal persons who obtain license issued by the competent authority in accordance with the regulations on the matter made by the Superior Council of the Judiciary, subject to accreditation by the applicant technical requirements, suitability and experience required. Licences must be renewed every five (5) years .
elsewhere for the appointment of auxiliary of justice shall apply the provisions of paragraphs 1 and 2 of this article.
lists ancillary justice shall be binding on magistrates, judges and inspectors, and in no case they may be appointed assistants who do not appear in them, on pain of incurring disciplinary offense.
public entities that meet technical functions at national or territorial order may be designated as an expert without obtaining the license referred to in this paragraph. "
ARTICLE 4.
. APPOINTMENT AND QUALITIES OF kidnap. Paragraph 4 of Article 10 of the Code of Civil Procedure shall read as follows:
"In headers judicial district and cities of more than two hundred thousand (200,000) inhabitants, only be designated as natural or legal persons kidnap obtain license issued by the competent authority in accordance with the regulations on the matter made by the Superior Council of the Judiciary, upon provision of a guarantee fulfillment of its duties to the Board.
the notification by telegram, sent by may meet the office certified mail stating the appointment of the auxiliary of justice in the process. "

The 5th ARTICLE. FEES SUBSIDIARY OF JUSTICE. Article 388 of the Code of Civil Procedure, a clause will be the last, it will be added along the following lines:
"The guardian ad litem fees shall be entered orders of the judicial office, who will authorize payment upon completion of the process or when appearing the party represented by him. " Effective Jurisprudence

ARTICLE 6.
. Delisting. The Code of Civil Procedure will have a new article reads as follows:

"Article 9A Delisting Judicial authorities excluded from the lists of auxiliary of justice, and impose fines up to ten (10) minimum monthly wages as appropriate:...
1 A who by final judgment has been convicted for committing crimes against the administration of justice.
2. those who have rendered expert opinion against which prospered there were objections by fraud, mistake or bribery.
3. those who like kidnap , liquidators or curators with property management, have not duly taken account management, or covered the balance charge, or reinstated property entrusted to him or have used for their own benefit or third parties, or are found responsible negligent administration.
4. those who have not fully complied with the order of guardian ad litem.
5. people who have been suspended or canceled their registration or license.
6. and those who come to exercise an official position by legal or regulatory status.
7. Those who are deceased or disabled physically or mentally.
8. Those who are definitely absent the respective jurisdictional territory.
9. Those who do not agree to without just cause or not exercise the position of assistant or collaborator of justice for which they were appointed.
10. The auxiliary of justice that has agreed fees with the parties or has applied for or received payment from them before the court fixing or above this value.
11. To those being public servants they shall have been dismissed for disciplinary sanctions.
PARAGRAFO 1o. Exclusion and fines shall be settled by incident which by the judge ex officio or upon request, will start within ten (10) days following the occurrence of the event giving rise to exclusion or knowledge days. To excuse his absence the assistant must justify its failure.
PARAGRAFO 2o. Also they are excluded from the list of legal persons whose members engage in the grounds provided for in paragraphs 2, 3, 4, 5, 9 and 10 of this article, as well as legal persons are settled.
Legal persons may not act as auxiliaries of justice through people who engage in the grounds of exclusion provided in this article. "CHAPTER 3.



Hoarding ARTICLE .. the 7th ACCUMULATION oF cLAIMS aND LITIGATION pROCESS oN aDMINISTRATIVE Article 145 of the administrative Code shall read as follows:
"Article 145. Accumulation of claims and administrative litigation proceedings. In all administrative proceedings shall accumulation of claims in the manner prescribed in the Code of Civil Procedure, and the accumulation process at the request of either party or of its own motion, in cases established by the same Code. "| .. ||
ARTICLE 8. ACCUMULATION oF CLAIMS AND PROCESS ON LABOR the Code of Labour will have a new article reads as follows:
"Article 25A. Accumulation of claims and processes in labor matters. In work processes proceed accumulation of claims in the manner prescribed in the Code of Civil Procedure, and the accumulation process at the request of either party or of its own motion, in cases established by the Code.
There shall be no accumulation of labor proceedings filed in different judicial districts. "


Editor's Notes article 9. ACCUMULATION OF CLAIMS AND PROCESS ON FAMILY.
Term Notes



Effective Legislation Jurisprudence Previous


CHAPTER 4. TEST

ARTICLE 10. APPLICATION CONTRIBUTION AND PRACTICE TEST. || | Notes Effective



Previous Legislation Article 11. AUTHENTICITY oF DOCUMENTS


Term Notes Editor Notes Previous ||

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ARTICLE 12. EXECUTIVE TITLE Term Notes



Editor's Notes Legislation ARTICLE 13. Previous


MEMORIAL AND POWERS Notes.. Effective



Editor's Notes Legislation Previous

ARTICLE 14 oF CRIMINAL PROCEEDINGS.


Term Notes Effective Jurisprudence
Legislation


Previous Chapter 5.


SPECIAL PROVISION ARTICLE 15. SPECIAL possessory AND POPULAR ACTIONS. Effective Notes

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PART II.
EFFICIENCY IN JUSTICE
TITLE I.


GENERAL RULES


ARTICLE 16 VALUATION OF DAMAGES. In any process takes before the Administration of Justice, the harm caused to people and things, will attend the principles of equity and comprehensive reparation and observe the actuarial technical criteria. Effective Jurisprudence

ARTICLE 17.
procedural terms. Effective Notes

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ARTICLE 18. ORDER to proffer statements. It is mandatory for the judges dictate sentences in exactly the same order in which they passed the office records for this purpose without that order can be altered, except in cases of advance ruling or legal precedence. However, in the process of knowledge of the jurisdiction of Administrative such an order may also be amended in view of the nature of the issues or at the request of the prosecutor in view of its legal importance and social significance. Effective Jurisprudence


Altering the order that treats the preceding paragraph shall constitute a disciplinary offense. In these cases, the Superior Council of the Judiciary or the Sectional Councils, in matters within its competence, ask the judge or the relevant explanation Rapporteur for administrative and disciplinary purposes. The Superior Council of the Judiciary or the Sectional Councils will act ex officio or at the request of those who have been affected by the disruption of order. Editor's Notes

ARTICLE 19.
lapsing. Effective Notes

Editor's Notes

Effective Notes

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ARTICLE 20. Plea Agreement. Effective Notes

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ARTICLE 21. ISSUANCE OF COPIES FOR GENERAL OFFICE FILE JUDICIAL BRANCH. officials of the executive level of the Office of General Archive of the Judicial Branch to issue authentic or informal, full or partial copies and certifications of the records in their custody which is authorized they may enforce before any authority for appropriate action except to serve enforceable. Likewise, they are empowered to make disclosures under the terms of the Code of Civil Procedure and other relevant rules.

Article 22. FINES. Effective Notes

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ARTICLE 23. NOTICES OF PUBLIC INSTITUTIONS. Effective Notes

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ARTICLE 24. REPRESENTATION OF PUBLIC INSTITUTIONS ON WORK. Article 149 of the Administrative Code shall apply in labor matters.

ARTICLE 25. LIQUIDATION OF LOANS. Hereby added to Article 521 of the Code of Civil Procedure with paragraph as follows:.
"Parágrafo In civil proceedings and claims settlement case if the claimant or, where applicable, the defendant when assisted by legal representative , not filed within the period specified in the Code of Civil Procedure, may not object to the settlement made by the Secretary. " Effective Jurisprudence


TITLE II.
EFFICIENCY ON FAMILY


CHAPTER 1. COMPETITION ON FAMILY

ARTICLE 26. SPECIAL FAMILY JUDGES OF COMPETITION. Effective Notes

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CHAPTER 2. PROCESS OF FAMILY

ARTICLE 27. DIVORCE, SEPARATION OF BODIES OR PROPERTY BY MUTUAL CONSENT. Effective Notes

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CHAPTER 3. JUDGING THE POWERS FAMILY

JUDGING ARTICLE 28. POWERS OF FAMILY. Effective Notes

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ARTICLE 29 OF EXECUTIVE PROCESSES. Effective Notes

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TITLE III.
EFFICIENCY ON ADMINISTRATIVE


CHAPTER 1. Jurisdiction of Administrative

SECTION 1. PURPOSE OF THE JURISDICTION

ARTICLE 30. PURPOSE OF THE JURISDICTION Administrative Disputes. Effective Notes

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SECTION 2. ACTIONS TO THE JURISDICTION of Administrative

Article 31. DIRECT ACTION REPAIR. Article 86 of the Administrative Code shall read as follows:
"Article 86. Action for direct reparation The interested person may directly sue repair the damage when the cause is an act, an omission, an administrative operation or temporary occupation. or permanent property because of public works or for any other reason.

Effective Decisions

Public bodies should promote the same action when they are convicted or there Were reconciled by an administrative action originated in gross negligence or fraud of a public servant or former public servant who was not linked to the respective process, or when they are affected by the action . a private individual or another public entity. "


Effective Decisions ARTICLE 32. oF cONTRACTUAL dISPUTES Article 87 of the Administrative Code shall read as follows:
" Article 87. contract disputes . Either party of a state contract may be asked to declare their existence or invalidity and that statements, condemnations or consequential refunds, that review is ordered, that the infringement proceedings and order the person responsible to indemnify become the damages and other statements and convictions are made.
The acts issued before the conclusion of the contract, during the contracting activity shall be actionable by the actions of nullity and annulment and restoration of law, as appropriate, within thirty (30) days following its communication, notification or publication. The filing of these actions will not disrupt the bidding process or the execution and performance of the contract. Once held it, the illegality of previous acts may only be invoked as grounds for absolute nullity of the contract. Effective Jurisprudence


The Public Ministry or any third party who proves a direct interest may request that his absolute nullity is declared. The Administrative Law Judge is empowered to declare officially when it is fully demonstrated in the process. In any case, such declarations may be done whenever it involved the contracting parties or their successors. Editor's Notes

Effective Jurisprudence


In the business processes derived from sentences imposed by the Administrative Jurisdiction singular executive regulation process greater amounts contained in the Code of Civil Procedure shall apply "
SECTION 3. POWERS

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