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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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DECREE NO 105
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That Legislative Decree No. 372 dated May 27, 2010, published in Official Journal No. 100, Volume No. 387, dated May 31 of the same year,
establishes in its Arts. 13 and 17, the realization of a diagnosis, on the part of the Supreme Court of Justice, on the progress in the purification of processes initiated with the Civil Procedure Code, already repealed.
II.-That through the diagnosis a considerable amount of processes and measures promoted, before and after the entry into force
of the Code of the Civil and Civil Mercantile, which according to its nature or material condition, makes impossible any impulse of trade until its complete completion, which generates accumulation of files in the Courts.
III.-That by early speed, Procedural economics and legal certainty, the public convenience of facilitating the dynamic and effective development of the judicial activity, in view of the objective fact of the prolonged inactivity of
certain processes and diligence, product of the abandonment of the parts or petitioners.
IV.-That the "provisional file" is an effective measure to deal with the processes and proceedings in a situation of abandonment by the parties, thus allowing a better management of the management indices of the Courts.
V.-That for the reasons set out above and as a measure of good governance it is convenient to regulate the cited figure.
BY TANT,
in use of its faculties Constitutional and at the initiative of the Deputy Guillermo Antonio Gallegos Navarrete and the Deputy Jackeline Noemi Rivera Avalos.
DECCRETA:
The following regulations on PROVISIONAL FILE OF PROCESSES AND MEASURES OF THE FIELD
Private RIGHT
Provisional File
Art. 1.-Processes and proceedings in the field of private law, promoted in the first instance, in any state in which they are located, if their course is not promoted by the parties within the period of six months and provided that the procedural activity is not paralyzed by lack of officiousness,
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will be resolved provisionally by the Ministry of Law, with the exception of cases in the expiration of the application or the limitation of the application for enforcement is applicable.
The preceding period shall be counted from the day following the notification of the last providence or diligence that was issued or practiced, according to the
For such purposes, the Secretary of the Judicial Office in which they radiate the cars, will have fifteen days to account for the corresponding Judge, that has elapsed the deadline indicated in this article for
that it proceeds of office to declare the provisional file.
File of the Expedient
Art. 2.-The resolution ordering the provisional file must be communicated to the parties, and after five days after its effective notification, the material file of the
file will be made, and the same will be downloaded from the the Court's active processes, which will be stated in the respective management reports.
In cases where the lack of procedural impetus is precisely due to the fact that the management or the effective means of receiving notifications of one of the the parties, the provisional file resolution may be communicated via board or edict, according to the In accordance with Articles 171 and 186 of the Civil and Commercial Code of Procedure.
Compliant with this article, the file may be referred to the Judicial Archives Unit of the Supreme Court of Justice. Justice, prior to payroll certifying such situation, and containing:
reference or file number, procedural parts, type of process, basis document of the action, where appropriate, procedural stage and description of number of pieces and foles that the compose.
Effects of File Resolution
Art. 3.-The interim file does not phene the process or diligence in which it is declared, but these
must be considered inactive.
The process or due diligence must be reactivated with any request
of the interested party with which to give a procedural impulse, at any time, without prejudice to the expiry of the application or the limitation of the claim for enforcement which may have operated against it.
The refusal to reactivate the process or temporarily archived, will be appealed on appeal.
Scope Application
Art. 4.-The provisions of this Decree apply to the proceedings and proceedings initiated before and after the entry into force of the Civil and Commercial Code.
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Vigency
Art. 5.-This Decree will enter into force eight days after its publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the three days of the month of September of two thousand fifteen.
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.
ABILIO ORESTES RODRÍGUEZ MENJÍVAR, JOSÉ FRANCISCO MERINO LÓPEZ,
SEVENTH SECRETARY. EIGHTH SECRETARY.
CASA PRESIDENTIAL: San Salvador, at the twenty-two days of September of the year two thousand
fifteen.
PUBESQUIESE,
Salvador Sánchez Cerén, President of the Republic.
Benito Antonio Lara Fernández, Minister of Justice and Public Security.
D. O. No. 174
Took No. 408 Date: September 24, 2015 SP/adar 21-10-2015
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