Transitional Law To Facilitate The Settlement Of Birth Of Older Adults.

Original Language Title: LEY TRANSITORIA PARA FACILITAR EL ASENTAMIENTO DE PARTIDAS DE NACIMIENTO DE LAS PERSONAS ADULTAS MAYORES.

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

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DECREE NO 43

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I.-That according to Article 1 of the Constitution of the Republic of El Salvador the human person is recognized as the origin and the end of the activity of the State,

which is organized for the achievement, among others (ii) the legal security of its citizens.

II.-That it is the obligation of the State to guarantee the exercise of human rights and fundamental freedoms of persons of all ages, primarily

of those belonging to vulnerable groups excluded from the effective exercise of such rights.

III. identity and identification are fundamental rights for the development of persons and are also indispensable for the exercise of other rights. Likewise, lack of identity represents a problem

transgenerational that affects the person throughout its life cycle.

IV.-That it is the obligation of the State to facilitate through agile, simple and free procedures, the registration in the Family State Register, of all older adults who have not been

settled in due course.

THEREFORE,

in use of their Constitutional and/or Constitutional faculties. Initiative of Diputados and Deputies Norma Fidelia Guevara of Ramírios, Alberto Armando Romero Rodriguez, Mario Antonio Ponce Lopez, Jackeline Noemi

Rivera Avalos, Nelson de Jesus Quintanilla Gomez, Mario Alberto Tenorio Guerrero, Julio Cesar Fabian Perez, Rene Alfredo Portillo Cuadra, Lorenzo Rivas Echeverria, Cristina Esmeralda Lopez, Lucia del Carmen Ayala de León, Rosa Alma Cruz Marinero, Norma Cristina Cornejo Amaya, Iris Marisol Guerra Henriquez,

Crissia Suhan Chavez Garcia, Guadalupe Antonio Vasquez Martinez, Martir Arnoldo Marin Villanueva, Rodolfo Antonio Martinez and Susy Lisseth Bonilla Flores; and former Deputies Jose Dennis Cordova Elizondo, Ana Vilma Castro Cabrera, Carmen Elena Figueroa Rodriguez and Norma Carolina Ramirez.

DECRETA the following:

TRANSITIONAL LAW TO FACILITATE THE SETTLEMENT OF BIRTH CERTIFICATES FOR OLDER ADULTS.

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Object of Law

Art. 1. This Law is applicable to older adults, that is, men and women of sixty years of age, born in the territory of El Salvador, who do not have a Party seat

of Birth for any reason; be it because they were never settled, or because having been, for the effect of any casualty or event the birth-of-birth books were destroyed or had disappeared for any cause.

Authorization of Special Books

Art. 2. For the purposes of this Law, the Municipal Council of each Departmental Header shall authorize by Municipal Agreement, the special registration books that are necessary to establish the Birth Parties of the elderly

At the end of the period for which such books are to be enabled, the provisions of Articles 49 and 51 of the Transitional Law of the State of the Family and the Heritage Regimes shall be observed.

of Marriage, on how to carry the enrollment books and the index of the same.

Settlement Procedure

Art. 3.-The most interested adult person shall appear before the State Registry of the Municipal Mayor's Office corresponding to the Departmental Head of the place of his domicile, in order to request the settlement of his Birth Party. In the application, the place of

birth must be entered according to what the person concerned manifests, who shall also declare under oath his or her own name, sex, place, date on which the birth occurred; name and surname of his/her mother, her father or any of them, nationality and the other generals needed to register the Birth

.

If the person concerned does not know the information relating to the other generals of his or her mother

or your parent, or the identification document number or class, will not be an obstacle to the Registrar of the Family State of processing to the application for the settlement of the respective Birth Party.

The person concerned shall present two witnesses, of age, who shall declare under oath before the Chief of the Registry of the Family State, who know the person concerned, who previously

will be read and explain the provisions of Articles 362 and 364 of the Civil and Commercial Code, and the criminal offences in which they may incur falsehood of their statements.

For the five business days following the request of the settlement, the Head of the respective Family State Registry, will free the National Registry of Natural Persons, and the Municipal State Registry of the Municipal Mayor's Office where the person concerned is born, who

within 15 working days, they will report by any physical or electronic means, whether or not there is a Birth Partition settlement.

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Of each settlement made, the Registrar or Registrar of the Family State, shall transmit certification to the Office of the Attorney General of the Republic and to the Office of the Prosecutor General of the Republic.

Report of the National Registry of Natural Persons and the Registry of the Family State

Art. 4.-In case of the reports of the non-existence of the settlement of the Birth Party, the Head of the Registry of the Family State shall proceed to the settlement requested, with the data provided by the person concerned, within five business days, of which

a certification will be issued for free, which will be delivered to you by any means of insurance.

Yes in the report issued by the National Register of Natural Persons or

Family Status record, it is stated that the requesting person already has a Party seat of Birth, the Registrar of the Family State, must declare without place, by means of a reasoned resolution, the application of the settlement; in that resolution must relate the data of the settlement found.

Response

Art. 5.-If the National Register of Natural Persons or the Family State Registry of the Mayor's Office of the Municipality of origin of the person concerned does not submit the report within the prescribed time limit, the officials responsible shall be granted a fine equivalent to a monthly minimum wage corresponding to the trade and services sector, which must be entered into the general fund of the nation and

will order the immediate referral of the required reports.

Home Service

Art. 6.-In those cases where the person concerned presents a physical or sensory disability that prevents him from being in the Register of the respective Family State, a relative or person who performs

the tasks of care may request the Household service, for which the Head of the Family State Registry will delegate a member of his/her staff to the address and carry out the procedure laid down in Article 3 (1) of this Law.

Effects of Seats

Art. 7.-The seats of Birth Parties performed in accordance with this Law shall have the same effects as the inscriptions made by the ordinary course.

Nullity of the Seat

Art. 8.-The seats of Birth Parties made in accordance with this Law,

may be declared null of office or at the request of the Attorney General of the Republic, Attorney General of the Republic or any interested person, in case the declaration is false. The declaration of invalidity shall be followed before the competent family judge.

Special Cases of Older Adult in Substitute Homes

Art. 9.-In cases where the older adult person who lacks the Party settlement of

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Birth residing in a surrogate home, the administrator of the same or a relative may request the start of the procedure in the Family State Registry of the Municipal Mayor of the Departmental Header

in which the home is located, in which case, the respective application must be accompanied by the documentation it collects the personal data which is at the time of entry and which is in the possession of the address of such center.

For the realization of the Birth Item seat in these cases, it must be observed that the first and second incisuses of Article 3 of this Law are established.

Qualification of the Settlements

Art. 10.-The settlement of births as a result of the application of this Law shall not be construed as late settlements and shall not be subject to fines.

Substitute Regulations

Art. 11.-In everything that is not expressly regulated in this Law, it will be applied

in order to supplement the provisions of the applicable regulations.

Conclusion of Procedure to the Term of Law

Art. 12.-The procedures that have been initiated during the life of this Law, and when the same ends, are not finalized, will continue to be processed according to this Law, until they are terminated.

Vigency

Art. 13. This Law shall be valid from the date of its publication in the Official Journal, until 20 December 2016.

GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, on the nine days of July of the year 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.

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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.

Note: in compliance with the provisions of Art. 97, third indent of the Rules of Procedure of the

Legislative Assembly ", it is stated that this Decree was returned with observations by the President of the Republic, 22 of July 2015. In Plenary Session of August 13, 2015, the text of the "Transitional Law to Facilitate the Settlement of Birth Partides of the

Older Adult Persons" is ratified, as approved, all in accordance with Art. 137 Third of the Constitution of the Republic.

JORGE ALBERTO ESCOBAR BERNAL,

SIXTH SECRETARY.

CASA PRESIDENTIAL: San Salvador, at the twenty-five days of August of the year two thousand fifteen.

PUBESQUIESE,

Salvador Sánchez Cerén,

President of the Republic.

Ramon Aristides Valencia Arana, Minister of Governance and Territorial Development.

D. O. N ° 157 TOMO N ° 408

Date: 31 August 2015.

JQ/pch 23-09-2015

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