Temporary Special Law For The Legalization Of The Domain Of Real Estate In Favor Of The State In The Field Of Education.

Original Language Title: LEY ESPECIAL TRANSITORIA PARA LA LEGALIZACIÓN DEL DOMINIO DE INMUEBLES A FAVOR DEL ESTADO EN EL RAMO DE EDUCACIÓN.

Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/ley-especial-transitoria-para-la-legalizacion-del-dominio-de-inmuebles-a-favor-del-estado-en-el-ramo-de-educacion-1/archivo_documento_legislativo



1. Decree No. 960, the Legislative Assembly of the Republic of EL SALVADOR: I.-that the Constitution recognizes the right to education and culture is inherent in the human person, so it is obligation and primary purpose of the State conservation, development and diffusion. It also establishes the obligation of the State organizing the educational system and to create institutions and services that are necessary.
II.-that the Constitution also States that the public interest has primacy over private interests and recognizes private property with a social sense.
II. that obligation of the Ministry of education is to ensure that formal educational institutions have the infrastructure and real estate necessary to carry out the educational processes that enable the development of the beneficiaries.
IV.-currently over two thousand official schools operated for years in real estate facing difficulties to declare and register the domain, which creates a precarious situation for the educational infrastructure, and is necessary for reasons of public interest, establish transitional legal provisions that facilitate the sanitation domain and registration of these buildings.
Therefore, use of his constitutional powers and at the initiative of the deputies and members: Yohalmo Edmundo Cabrera Chacón, Norma Fidelia Guevara de Ramirios, Oscar Ernesto Novoa Ayala and Jaime Gilberto Valdez Hernández.
DECREES the following: law special TRANSIENT for the LEGALIZATION of the domain of real estate in FAVOR of the State in the bouquet of education chapter I provisions General object article 1.-the present law is to establish procedures to legalize the real estate domain and allow the registration in the national records center where several official schools or the same as annexes for various legal reasons, or in fact, they have not been able to be.

2 real estate object of application article 2.-are subject to this law real estate where currently there is infrastructure and permanently operate official schools and whose domain or registration not been able to be legalized.
Declaration of public order and Social interest article 3.-the present law is of ordre public and social interest.
Not permissible article 4.-the procedures provided for by this special law shall not regarding properties that: to) are litigious objects to the entry into force of this law;
(b) be mortgaged;
(c) are in administrative process of legalization of the property before the Salvadoran Institute for Agrarian Transformation; and, (d) the immovable property of children or adolescents who have not attained eighteen and the declared injunctions.
Prioritization article 5.-the Ministry of education shall prioritize the properties whose legalization is more urgent by their legal status or because of public interest. It shall therefore be entitled to perform at different stages or groups of properties the processes established in this law.
Chapter II proceedings preliminary elaboration of the listing of real estate article 6.-the Ministry of education must prepare a detailed listing of the buildings likely to be legalized through this law, with its geographical location, flat location, legal status, approximate value, and any other detail that is considered relevant.
The listing will be public and will be considered as unofficial information from the Ministry of education in terms of the law on access to public information.

3 collaboration institutional article 7.-the Ministry of education, ask collaboration to the root property registration and mortgages and the direction of the geographical of the cadastre National Institute (DIGCN) of the Centre national of registries (CNR); in relevant to the register, it shall request registration real estate with a history study enrolled in where situated official schools or annexes to them, and to the national land registry will request cadastral studies of real estate have entered history or lack of it, in which situated official schools or annexes to them. Topographical planes, will contain plans of location, perimeter and plot, which are referred to schools, prepared by professionals of the legalization of the property Institute (ILP) which will be presented to the General direction of the cadastre for review and approval.
In the cases of replacement of testimonies of the titles of property in favour of the Ministry of education, that they have been granted in writing, and must be processed in the notaries of the Supreme Court of Justice section, this section will reset the testimony within the period of thirty days in compliance with this Decree at the request of the Ministry of education.
Publications of the listing of property article 8.-the Ministry of education will publish twice the detailed listing of property likely to be legalised, with clear indication of their geographical location, in the official journal and in two newspapers of national circulation, to effect that third can try a friendly settlement, exercise domain actions or other real rights and oppose legalization.
The first publication must be made within sixty days after having completed the list of properties that can be legalised. There will be a second publication fifteen days later.
Solution friendly article 9.-before the start of registration and judicial procedures provided for in this law, the third party seeking to claim their domain or other real right over real estate shall be submitted to the Ministry of education to apply for an amicable solution.
The Ministry of education, through the legal department or other officials designated for that purpose, must give priority to direct negotiations to effect, if possible, resolve the legal status of the property without recourse to the procedures provided for in the law.
Solution should give priority to the public interest and ensure the continuity of operation of the public educational centres.

4 annotation preventive Art. 10.-prior to the first publication of the list of properties, the Ministry of Education issued a preventive annotation for each property and will be presented to the respective registry, to not be constituted or modify any right in rem over them.
In case there is no antecedent registered, at the time that the Ministry of education present the title to the registry and is the origine tuition, record you a note of warning, stating that the property corresponds to the special listing of real estate of the Ministry of education, which have been declared of social interest; This cautionary note will be removed, when the property is registered in favor of the Ministry of education.
The preventive annotation will expire once the registered the property in favour of the Ministry of education.
Chapter III prescription purchasing special prescription purchasing special Art. 11. for reasons of public utility, prescription purchasing of real estate shall be subject to this law in favor of the State of El Salvador in the field of education, in those cases where the possession of good faith in a quiet, peaceful and uninterrupted, has been exercised by the Ministry of education and lasted more than seven years , exist or not title of domain.
Home of the proceedings article 12.-the judicial proceedings to declare the special purchasing prescription must be initiated by the Prosecutor General of the Republic, to pass within sixty days since the last publication of the list of real estate, in order to allow an amicable solution.
Process of abbreviated article 13.-the Declaration of the special purchasing prescription in favour of the State of El Salvador in the field of education, will be the abbreviated process provided by the Civil and commercial procedure code before the competent court in the jurisdiction where the official educational center is located.
Test article 14.-the test in the abbreviated process shall be subject to the rules of the code of Civil and commercial procedure; However, to prove the existence of infrastructure and the active and current functioning of a school official, just an affidavit of the holder of the Ministry of education or who this delegate.

5. Chapter IV of the extra degree special degree extra special article 15.-in cases that the State of El Salvador in the field of education lacked written domain title, or having it is not inscribable for lacking background registered, may enter their right justifying process abbreviated to the judge in the civil and commercial matter from the jurisdiction in which they are rooted in real estate , or before notary public of the Republic of El Salvador, which has more than seven years living in quiet, peaceful and uninterrupted possession of these.
Process abbreviated article 16.-for the extra special degree in favor of the State of El Salvador in the field of education will be the abbreviated process provided by the Civil and commercial procedure code before the competent court in the jurisdiction where the official educational center is located.
Process before a notary

Article 17.-for the special extra degree of rustic buildings and urban property, in favour of the State of El Salvador in the field of education, can be followed the proceedings of titling of rural and urban properties before notary public of the Republic of El Salvador, with base to the law of the notary exercise of the voluntary jurisdiction and other proceedings and the law on urban land titles; no need to attach the Declaration of social interest in the real estate of urban nature.
Test article 18.-test in the abbreviated process shall be subject to the rules of the code of Civil and commercial procedure; However, to prove the existence of infrastructure and operation active and current of a school official, simply an affidavit of the holder of the Ministry of education or who this delegate, this will serve as a notary.
Chapter V sanitation registration sanitation registration article 19.-always that there is a degree of mastery of real estate where several official schools or its annexes for the Ministry of education, which have not been able to be signed, will proceed to any formal or material defect that prevents registration in the respective register according to the procedures laid down in this chapter.

6 errors in the House or the description technique article 20.-When are presented to the registration of the root property and mortgages, instruments matter what its nature relating to transfer of property or segregations and there are errors or differences with its predecessor, either by surface extension, the situation or the technical description of real estate in relation to its antecedent, in the submitted instrument will prevail and should thus be registered.
When there is need for a new technical description topographic plane, by not being able to overcome errors or differences with the history of the property, responsible for this will be the legalization of the property Institute (ILP) and the national survey of the National Center of registries will approve it in the terms presented through the corresponding unit.
Errors in relation of antecedent article 21.-If in domain in favor of the Ministry of education title registration history have linked erroneously, and if legal registration and cadastral study, determines its true history and this is in line with the plane of the topographic survey in relation to the situation, location, nature and close, will have this as its true antecedent and will proceed to registration with a resolution reasoned by the responsible Registrar.
Lack of a history article 22.-in those cases in which there is unrelated to the instrument or not has registered history of domain in favor of the Ministry of education, its owner or the delegate for this, you will add a sworn statement given in a public deed, explaining all the circumstances to have overcome this situation, with which your registration will proceed.
Rectifications of requirements formal article 23.-should have been denied registration by the requirement of rectifications of Fund in the title of domain and there is an inability to manifest to carry out the rectification for reasons unrelated to the Ministry of education, in the following cases: death, inability to locate a donor or co-owner, lack of acceptance of the donation by the Office of the Attorney-General will be sufficient a topographic map stating the property in relation to the situation, location, nature and close, adding an affidavit of the holder of the Ministry of education or who this delegate, explaining such circumstances to have to overcome the objection of registration, which will proceed to registration with a resolution reasoned by the Registrar responsible.
Lack of antecedent registered article 24.-where the property lacks antecedent registered and is issued the title supplementary or urban, enroll in the respective register.

7 Chapter VI General provisions and entry into force deallocation by Ministry of law article 25.-disaffect, Ministry of law, real estate located in green areas and social facilities or other restricted areas of construction, except in places protected areas of risk.
Tariffs article 26.-the special acts, contracts or documents subject to registration and requirements of the national records center services pursuant to the present law, will pay a preferential rate of 25% for payment of duties, as applied in projects that have the qualification of social interest according to the creation of the unit of the Registration Act Social properties.
Addition to inventories and prices symbolic article 27.-the estate legalised by this law are incorporated into the inventory of the property of the Ministry of education.
For accounting purposes of charge, assign each legalized real estate the symbolic price of one dollar of the United States of America by square vara.
Time limits article 28.-deadlines provided for in this Act are counted in calendar days.
Specialty Law Art. 29.-the present law is of special character and its provisions shall prevail over any other that counteract it.
Application of the right common article 30.-in all matters not provided for by the present law applies the code of Civil and commercial procedure, and the provisions of the common law.
Entry into force article 31.-the present transitional law will be valid for five years from its publication in the official journal.

8 die in the Blue Hall of the PALACIO LEGISLATIVO: San Salvador, twenty-five days of the month of March of the year two thousand and fifteen.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ENRIQUE ALBERTO LUIS VALDEZ SOTO, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSE FRANCISCO MERINO LÓPEZ, LORRAINE GUADALUPE PENA MENDOZA, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
CARLOS ARMANDO REYES RAMOS, FIFTH VICE PRESIDENT.
WILLIAM FRANCISCO MATA BENNETT, MANUEL VICENTE MENJIVAR ESQUIVEL, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA PALACIOS LOURDES VASQUEZ, ERNESTO ANTONIO ANGLE MILE, FIFTH SECRETARY. SIXTH SECRETARY.
FRANCISCO JOSE ZABLAH SAFIE, JOSE SERAFIN RODRIGUEZ ORANTES, SEVENTH SECRETARY. EIGHTH SECRETARY.
Note: In compliance with the provisions of article 97 paragraph third from the Interior regulation of this organ of the State, it is noted that this Decree was returned with comments by the President of the Republic, on 15 April of the year 2015 having been these accepted in its entirety by the Legislative Assembly, in plenary on 28 April 2015; in conformity to article 137 third paragraph of the Constitution of the Republic.
WILLIAM FRANCISCO MATA BENNETT, FIRST SECRETARY.

9. presidential House: San Salvador, to the six days of the month of may of the year two thousand and fifteen.
PUBLISHED, Salvador Sanchez Ceren, President of the Republic.
Carlos Mauricio Canjura Linares, Minister of education.
D. o. No. 84 volume no. 407 date: May 12, 2015 FN/adar 11-06-2015 legislative index