Provisional Rule On Filing And Process Of Proceedings Area Of Private Law.

Original Language Title: NORMATIVA SOBRE ARCHIVO PROVISIONAL DE PROCESOS Y DILIGENCIAS DEL ÁMBITO DEL DERECHO PRIVADO.

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Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/normativa-sobre-archivo-provisional-de-procesos-y-diligencias-del-ambito-del-derecho-privado/archivo_documento_legislativo



1 DECREE No. 105

THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
:
I.- Legislative Decree No. 372 dated May 27, 2010, published in the Official Gazette No. 100, Volume No. 387, dated May 31 of that year,
provides in Arts. 13 and 17, making a diagnosis, by the Supreme Court, on progress in the debugging process initiated with the Code of Civil Procedure, since repealed.
II.- through diagnosis has identified a considerable number of processes and promoted measures before and after the entry into force
the Civil and Commercial Code, which according to their nature or material condition, it becomes impossible to trade any momentum until full completion, which creates backlogs in the courts.
III.- by principles of speed, procedural economy and legal certainty, the public convenience to facilitate dynamic and effective development of judicial activity, with the aim of prolonged inactivity of certain processes
fact and warns errands, product abandonment of the parties or petitioners.
IV.- That the "temporary file" is an effective way to treat actions and proceedings have been abandoned by the parties, thereby allowing better management of indices court management measure.
V.- That for the reasons stated and as a measure of good governance is desirable to regulate the aforementioned figure.
THEREFORE,
in exercise of its constitutional powers and initiative of Deputy Guillermo Navarrete Antonio Gallegos and Rep Jackeline Noemi Rivera Avalos. DECREES
:
The following rules FILE INTERIM PROCEEDINGS OF PROCESS AND SCOPE OF PRIVATE LAW


File Provisional Art. 1. Processes and measures the scope of Private Law, promoted in the first instance, in whatever state they may be, if your course is not will push the parties within six months and provided the procedural activity is not paralyzed the lack of officiousness,

2
be settled provisionally by Ministry of Law archive, except for cases where it is applicable instance expiration or prescription of the claim of execution.
The previous period is counted from the day of notification of the final order or summons that had dictated or practiced, as appropriate.
For this purpose, the Secretary of the Judicial Office who file cars, will have fifteen days to report to the appropriate court, which has passed the period prescribed in this article to
appropriate officially to declare the file provisional.

Art File Archive. 2. The resolution ordering the temporary file should be communicated to the parties, and after five days after its effective notice, proceed to the material
file record, having discharged the same active processes of the Court, the which shall be recorded in the respective management reports.
In cases where the lack of momentum procedural due precisely to address or ignore cash means to receive notifications of one of the parties, the provisional resolution file may be communicated through board or edict, according to the if, in accordance with the provisions of articles 171 and 186 of the Civil and Commercial Code.
Fulfilled as stated in this article, the file may be sent to the Judicial Archives Unit of the Supreme Court, after stating that situation payroll, and contains:
reference or file number, litigants , type of process, based on the action, if any, procedural stage and description of pages and number of pieces that compose the document.
Effects of Resolution File
Art. 3. The temporary file is not it concluded the process or proceeding in which it is declared, but these
be considered inactive.
The process or proceeding shall be filed provisionally reactivated with any request of the interested party
with that process in motion, at any time, notwithstanding the expiration of the instance or prescription of the claim execution they may have operated against him.
's Refusal diligence reactivation process or provisionally filed, be subject to appeal.

Scope Art. 4. The regulated in this Decree is applicable to the processes and proceedings instituted before and after the entry into force of the Civil and Commercial Code.

3 Effective


Art. 5. 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, on the third day of September of two thousand and fifteen.
LORENA GUADALUPE MENDOZA PEÑA, PRESIDENT.
GUILLERMO ANTONIO NAVARRETE GALLEGOS Ana Vilma Albanez de Escobar, FIRST VICE. SECOND VICE PRESIDENT.
ORANTES SERAFIN JOSE RODRIGUEZ, NORMAN NOEL GONZALEZ Quijano, THIRD VICE. FOURTH VICE.
SANTIAGO FLORES ALFARO, FIFTH VICE.
GUILLERMO FRANCISCO MATA BENNETT, DAVID REYES ERNESTO MOLINA,
first secretary. Second Secretary.
MARIO ALBERTO GUERRERO TENORIO, REYNALDO ANTONIO LOPEZ Cardoza
Third Secretary. Fourth secretary.
JACKELINE AVALOS NOEMI RIVERA, JORGE ALBERTO ESCOBAR BERNAL,
QUINTA Secretariat. SIXTH SECRETARY.
ABILIO Orestes MENJIVAR RODRIGUEZ, JOSE FRANCISCO LOPEZ MERINO,
seventh Secretary. EIGHTH SECRETARY.
PRESIDENTIAL HOUSE: San Salvador, on the twenty-second day of September two thousand and fifteen
.
PUBLISHED,
Salvador Sanchez Ceren, President of the Republic.
Benito Antonio Lara Fernández, Minister of Justice and Public Security.

Tomo OJ No. 174 No. 408 Date: September 24, 2015 SP / Adar 10/21/2015
LEGISLATIVE INDEX