Reform Is The Code Procedural Civil And Commercial.

Original Language Title: REFÓRMASE EL CÓDIGO PROCESAL CIVIL Y MERCANTIL.

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Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/reformase-los-arts.-222-411-417-429-430-y-514-del-codigo-procesal-civil-y-mercantil/archivo_documento_legislativo

1 Decree N ° 246 the Legislative Assembly of the Republic of EL SALVADOR, considering: (I).-in accordance with the provisions of article 11 of the Constitution, no person may be deprived of the right to life, liberty, property and possession, or any other of their rights without being previously heard and losing at trial pursuant to the laws.
II.-that by Legislative Decree N ° 712, on September 18, the year two thousand eight, published in the official journal N ° 224, Tome N ° 381 dated November 27, 2008, was issued the Civil and commercial procedure code.
III.-that already more than five years have passed since the entry into force of the Code referred, having appreciated certain omissions and failures in its practical application, sometimes at the expense of the rights of citizens who are called to foster.
IV.-that today, you are experiencing a problem when exposed in the development of hearing closing arguments, since time is insufficient to fix, specify and adjust definitively, both the facts alleged as the claim, as well as principles of law that are applicable in accordance with the evidentiary hearing result.
V-happening in the same way to dictate decisions immediately from the audience, since this is at the expense of the same justice, so it is healthy to keep a balance between the ruling in voce and the delay which exists in the delivery of the judgment, which should be as quickly as possible.
Therefore, in use of its powers constitutional and to initiative of them deputies Silvia Alexandrian Castro Figueroa, Rene Alfredo Portillo block and Ricardo Andres Velasquez Parker.
DECREED, them following: reforms to the code procedural Civil and commercial Art. 1.-reform is the Art. 222, of the following way: "Art. 222.-in all them processes regulated by this code, and below of them allegations late, the judge or court must dictate in voce the failed of the sentence and a succinct motivation of the same, low penalty of nullity." If ameritare it the complexity of the case, the judge or court may interrupt the audience for a maximum of three days, again citing the parties within that period, 2 to announce the respective fault.
In the shortcuts and special processes, if the legal and factual complexity of the process in question, the judge or court may issue orally the full sentence.
In all them cases earlier the judge or court will ask to them parts on your intention of appeal the sentence. If both parties declare their decision of not challenge the same, shall declare his firmness in the Act. If Conversely, both parties or one of them announces their intention to appeal, the judge will dictate it then written in the legal term that stands the respective resource once it is notified."
Article 2.-reforming the second paragraph of Art. 411, follows: "the judge or court shall fix reasonable time to make closing arguments, as the complexity of the case, unless this can be less than an hour, no more than three hours, for each of the parties, under penalty of nullity. However, each party may use one period shorter than that is assigned to it, if he so thinks fit. Judicial decisions about the time of the allegations admitted appeal against audience."
Article 3.-reform subsection first of Art. 417, in the following manner: "article 417.-then of closing arguments, the judge or court shall issue voce in the failure of the ruling and a brief motivation from it, under penalty of nullity. If ameritare it the complexity of the case, the judge or court may interrupt the hearing for a maximum of three days, again quoting the parts within that period, to announce the respective fault. Ruling should solve all the issues raised in the process, will issue within fifteen days of the oral pronouncement of the judgment and shall be notified to the parties within a period which shall not exceed five days since it was issued. "
Article 4.-reforming article 429, in the following manner: "article 429.-practiced test parties be formulated orally their closing arguments." The judge or court shall fix reasonable time to make closing arguments, as the complexity of the case, unless this can be less than an hour, no more than three hours, for each of the parties, under penalty of nullity. However, each part may use a period less of that le is assigned, if thus it considers suitable. Judicial decisions about the time of the allegations admitted appeal against audience."
Article 5.-reform article 430 follows: "article 430.-after the hearing, and after closing arguments, the judge or court shall be given voce in the failure of the ruling and a brief motivation from it, under penalty of nullity."
If ameritare it the complexity of the case, the judge or court may interrupt the hearing for a maximum of three days, again quoting the parts within that period, to announce the respective fault.

3. If permits it the legal and factual complexity of the process in question, the judge or court may sentence orally the unabridged.
In any case, it is pronounced judgment within 15 days following the end of the hearing. Any breach of such term shall incur the responsible judge the penalty established in article 417 of the code."
Article 6.-added a sixth paragraph to article 514, in the following way: "the Court shall set the reasonable time for closing arguments, according to the complexity of the case, unless this can be less than an hour, no more than three hours, for each of the parties, under penalty of nullity. However, each party may use one period shorter than that is assigned to it, if he so thinks fit. Judicial decisions about the time of the allegations admitted appeal against audience."
Article 7.-this Decree shall enter into force eight days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, at twenty-one days of the month of January of the year two thousand and sixteen.
LORRAINE GUADALUPE PENA MENDOZA, PRESIDENT.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALBANEZ DE ESCOBAR, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSE SERAFIN RODRIGUEZ ORANTES, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE PRESIDENT.
SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.
WILLIAM FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.
MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LOPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.
JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.

4 ABILIO ORESTES MENJÍVAR RODRÍGUEZ, JOSÉ FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, to the nine days of the month of February two thousand and sixteen year.
PUBLISHED, Salvador Sanchez Ceren, President of the Republic.
Mauricio Ernesto Ramirez Landaverde, Minister of Justice and public security.
D. O. N ° 29-volume N ° 410 date: February 11, 2016 FN/geg 08-03-2016 legislative index