Reform Is The Code Procedural Civil And Commercial.

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 1

DECREE NO 246

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

WHEREAS:

I.-That in accordance with the provisions of Art. 11 of the Constitution, no person may be deprived of the right to life, liberty, property and

possession, or any other of his or her rights without being previously heard and defeated in judgment under the Laws.

II.-That by Legislative Decree No. 712, dated 18 September of the year two thousand eight, published in Official Journal No 224, Volume No. 381 of November 27, 2008, the Civil and Commercial Code was issued.

III.-That more than five years have elapsed since the The entry into force of the aforementioned Code, having appreciated certain omissions and failures in its application

practices, in occasions, in the rights of the citizens to whom it is called to tutelar.

IV. A problem is being experienced at the time of

exposing the final arguments in the development of the hearing, since the time is insufficient to fix, to concretize and to adjust definitively, both the alleged facts and the pretense, as well as the bases of right that are

applicable in accordance with the evidentiary outcome of the hearing.

V.-That in the same way happens when dictating the failures immediately of the hearing,

since this is detrimental to the justice itself, so it is healthy to keep a balance between the fault in voce and the delay that exists in the delivery of the statement, which must be as fast as possible.

BY TANT,

in use of their constitutional powers and at the initiative of the Deputies Silvia Alejandrina Castro Figueroa, Rene Alfredo Portillo Cuadra and Ricardo Andres Velasquez Parker.

DECCRETA, the following:

Reforms to the Civil and Civil Code Mercantile

Art. 1.-Reform Art. 222, as follows:

" Art. 222.-In all the processes governed by this Code, and following final pleadings, the Judge or Court shall issue the judgment of the judgment and a brief statement of reasons thereof, under the penalty of nullity. If the complexity of the case merits, the Judge or Court may interrupt the hearing for a maximum of three working days, again quoting the parties within that period,

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 2

to announce the respective failure.

In abbreviated processes and special processes, If it is permitted by the factual and legal complexity of the proceedings in question, the Judge or Court may issue the full sentence orally.

In all the cases above, the Judge or Court shall ask the parties about their intention to bring the proceedings. sentence. If both parties manifest their decision not to challenge the decision, they shall declare their firmness in the act. If on the contrary, both parties or any of them will announce their intention to appeal,

the Judge will then dictate it in writing within the legal period for the respective appeal to be brought in once it has been notified. "

Art. 2.-Reform the second paragraph of Art. 411, as follows:

" The Judge or Court shall set the prudential time for the final pleadings, as the

complexity of the case, without it being less than one hour, or greater than three hours, for each of the parties, under penalty of nullity. However, each party may use a period of less than that which is assigned to it, if it considers it appropriate. Court decisions on the time of the pleadings

will admit recourse to recall in hearing. "

Art. 3.-Reform the first paragraph of Art. 417, as follows:

" Art. 417.-Following the closing arguments, the Judge or the Court shall issue the judgment of the judgment and a brief statement of reasons for the judgment, under the penalty of invalidity. If the complexity of the case merits, the Judge or Court may interrupt the hearing for a maximum of three working days, quoting

again to the parties within that period, to announce the respective ruling. The judgment that must resolve all the questions raised in the process, will be delivered within the fifteen days following the oral delivery of the judgment and will be notified to the parties within a period that will not exceed five days

since was dictated. ''

Art. 4.-Reform of Art. 429, as follows:

" Art. 429.-The evidence of the evidence will be orally formulated by the parties. The Judge or Court shall set the prudential time for the final pleadings, in accordance with the complexity of the case,

without the latter being less than one hour, nor greater than three hours, for each of the parties, under penalty of nullity. However, each party may use a period of less than that which is assigned to it, if it considers it appropriate. Court decisions on the time of the pleadings will admit recourse of

revoking in hearing. "

Art. 5.-Reform Art. 430 as follows:

" Art. 430.-Termination of the hearing, and following final pleadings, the Judge or Tribunal shall issue the judgment of the judgment and a succinct statement of the judgment, under penalty of nullity.

If the complexity of the case merits, the Judge or Tribunal may interrupt the hearing for a maximum of three working days, again quoting the parties within that period, to announce the respective judgment.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 3

If it is permitted by the factual and legal complexity of the process in question, the Judge or The court will be able to issue the full sentence orally.

In any case, it must give judgment within 15 days after the hearing has been completed. Failure to comply with this deadline will make the Judge liable in the sanction established

in Art. 417 of this Code. "

Art. 6.-Add a sixth paragraph to Art. 514, as follows:

" The Court shall set the prudential time for the final pleadings, in accordance with the complexity of the case, without it being less than one hour, nor more than three hours, for each of the parties,

under penalty of nullity. However, each party may use a period of less than that which is assigned to it, if it considers it appropriate. Court decisions on the time of the pleadings shall be admissible in hearing. '

Art. 7.-This Decree shall enter into force eight days after its publication in the Official Journal.

GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at twenty-one day of the month of January of the year two thousand sixteen.

LORENA GUADALUPE PEÑA MENDOZA, PRESIDENT.

GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALMASEZ DE ESCOBAR, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.

JOSÉ SERAFIN ORANTES RODRÍGUEZ, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE-PRESIDENT.

SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.

GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.

MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LÓPEZ CARDOZA,

THIRD SECRETARY. FOURTH SECRETARY.

JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 4

ABILIO ORESTES RODRÍGUEZ MENJÍVAR, JOSÉ FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.

CASA PRESIDENTIAL: San Salvador, nine days of the month of February of the year two thousand sixteen.

PUBESLOSE, Salvador Sánchez Cerén,

President of the Republic.

Mauricio Ernesto Ramírez Landaverde, Minister of Justice and Public Security.

D. O. No. 29

Took N ° 410 Date: February 11, 2016

FN/geg 08-03-2016

___________________________________________________________________ LEGISLATIVE INDEX