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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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DECREE NO 960
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That the Constitution of the Republic recognizes that the right to education and culture is inherent in the human person, for which it is the obligation and purpose
of the State its conservation, promotion and dissemination. It also establishes the State's obligation to organize the education system and to create the necessary institutions and services.
II.-That the Constitution also declares that the public interest has primacy over private interest and recognizes private property with a social sense.
II.-That it is the obligation of the Ministry of Education to ensure that the official educational institutions possess the infrastructure and the real estate indispensable for
educational processes that allow the development of beneficiaries.
IV.- Currently more than two thousand Official Educational Centers work since
years ago in buildings that face difficulties in declaring and enrolling the domain, which generates a precarious situation for the educational infrastructure, and does necessary for reasons of public interest, to establish legal provisions
to facilitate the consolidation of the domain and the registration of these properties.
BY TANTO,
in use of its constitutional powers and Deputy and Deputies ' initiative: Yohalmo
Edmundo Cabrera Chacón, Norma Fidelia Guevara de Ramírios, Oscar Ernesto Novoa Ayala and Jaime Gilberto Valdez Hernández.
DECRETA the following:
TRANSITIONAL SPECIAL LAW FOR THE LEGALIZATION OF THE DOMAIN
OF PROPERTIES IN FAVOR OF THE STATE IN THE EDUCATION SECTOR
CHAPTER I
GENERAL PROVISIONS Object
Art. 1. This Law is intended to establish procedures for legalizing the domain of buildings and to permit registration in the National Center of Records where Official Educational Centers or Annexes thereof work, which, by different legal or factual reasons could not be performed.
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Infurniture Application Object
Art. 2.-The buildings are subject to this Law where there is currently an infrastructure and permanently operate Official Educational Centers and whose domain or registration has not been legalized.
Statement of Public Order and Social Interest
Art. 3.-This Law is of public order and of social interest.
Provenance
Art. 4.-The procedures provided for in this Special Law shall not proceed with respect to buildings that:
a) Be litigious objects upon entry into force of this Law;
b) Be mortgaged;
c) Be in process administrative legalisation of the property before the Salvadoran Institute of Agrarian Transformation; and,
d) The properties owned by children or adolescents who have not completed the eighteen years and the declared interdicts.
Prioritization
Art. 5.-The Ministry of Education must prioritize the buildings whose legalization is most urgent because of their legal status or because of public interest. Consequently, you will be empowered to perform in different stages or different groups of buildings the processes set out in this Law.
CHAPTER II
PRELIMINARY STEPS
Elaboration of the Listing of Properties
Art. 6.-The Ministry of Education shall draw up a detailed listing of the properties that may be legalized through this Law, with its geographical location, plans of
location, legal status, approximate value and any another detail that is considered relevant.
The listing will be public and will be considered as official information of the Ministry of Education
in the terms of the Law on Access to Public Information.
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Institutional Collaboration
Art. 7.-The Ministry of Education, will request collaboration with the Registry of the Root and Mortgage Property and the Directorate of the Geographic Institute of the National Catastro (DIGCN) of the National Center of Records (CNR); as relevant to the Registry, it will request the recording of the real estate with
a record of the records in which they radiate Official Educational Centers or Annexes thereof, and the National Catastro will request the cadastral studies of the properties that have a history inscribed or which are not available to them, in which they radiate Official Educational Centres or Annexes thereto. The plans
of topographic survey, will contain plans of location, perimeter and plot, in which they radiate the referred Educational Centers, elaborated by the professionals of the Institute of Legalization of the Property (ILP) which will be presented to the General Directorate of the Catastro for review and
approval.
In the case of the replacement of testimonies of the titles of property in favor of the Ministry of
Education, which have been granted in public deed, and have to be dealt with in the Notary Section of the Supreme Court of Justice, this section will resume the testimony within thirty days in compliance with this Decree at the request of the Ministry of Education.
Publications of the Listing of Infurniture
Art. 8.-The Ministry of Education will publish twice the detailed list of properties which may be legalized, with a clear indication of their geographical location, in the Official Journal and in two national circulation newspapers, in order to third parties may attempt a friendly solution,
exercise domain actions or other real rights and oppose legalization.
The first publication must be completed no later than sixty days after completion
the list of properties that can be legalized. A second publication will be made fifteen days later.
Friendly Solution
Art. 9.-Before the commencement of the judicial and registration procedures provided for in this Law, the third party seeking to assert his or her right of dominion or other real right to the property must be presented to the Ministry of Education to request a friendly solution.
The Ministry of Education, through the Directorate of Legal Counsel or other officials appointed for this purpose, should give priority to direct negotiation to, if possible, resolve
legal status of the buildings without recourse to the procedures provided for in the Law.
solution should privilege the public interest and ensure the continuity of operation of
Public Education Centers.
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Preventive Annotation
Art. 10.-Prior to the first publication of the list of buildings, the Ministry of Education shall issue a preventive annotation for each building and shall be presented in the respective Registry, in order that no real law is constituted or modified
In the event of no prior registration, at the time the Ministry of Education presents the Title to the Registry and the registration is originated, a note of warning shall be entered, stating
that the property, corresponds to the special list of buildings of the Ministry of Education, which have been declared to be of social interest; such notice shall be withdrawn, where the building is in favour of the Ministry of Education.
The Preventative Annotation shall expire once the building has been registered in favour of the Ministry of Education.
CHAPTER III SPECIAL PURCHASING PRESCRIPTION
Special Procurement Prescription
Art. 11.-For reasons of public utility, the acquisition of the real estate
will proceed with the object of this Law in favor of the State of El Salvador in the Ramo of Education, in those cases where the possession of good faith in the form of the property, peaceful and not interrupted, has been exercised by the Ministry of Education and lasted more than seven years, existing or not title of domain.
Start of the Judicial Processes
Art. 12.-The judicial processes to declare the special acquisition prescription must be initiated by the Attorney General of the Republic, after the period of sixty days from the last
publication of the listing of the buildings, at last to allow a friendly solution.
Short Process
Art. 13.-For the declaration of the special procurement prescription in favor of the State of El Salvador
in the Ramo of Education, the abbreviated process provided for by the Code of Civil and Commercial Processing will be followed before the competent Court of Justice of the jurisdiction where the Official Educational Center is located.
Test
Art. 14.-The test in the abbreviated process will be subject to the rules of the Civil Procedure Code
and Mercantil; however, in order to prove the existence of infrastructure and the active and current functioning of an Official Educational Center, it will be sufficient affidavit of the holder of the Ministry of Education or of whom this delegate.
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CHAPTER IV OF SPECIAL SUPPLEMENTARY TITLING
Special
Art. 15.-In the cases that the State of El Salvador in the Ramo de Educación careciere de título de domaino writ, or that having it not be registered as a registered antecedent, may register its right justifying in the abbreviated process before the Judge in the civil and commercial matters of the
jurisdiction in which the real estate is located, or before Notary of the Republic of El Salvador, which has more than seven years of being in a quiet, peaceful and not interrupted possession of these.
Short Process
Art. 16.-For the special supplementary qualification in favor of the State of El Salvador in the Ramo of
Education will follow the abbreviated process provided by the Civil and Commercial Code of Procedure before the competent court of the jurisdiction where find the Official Educational Center.
Notary Process
Art. 17.-In order to obtain a special supply of rustic buildings and urban buildings, in favor of the State of El Salvador in the Ramo de Educación, it will be possible to follow the steps of titration of
rustic and urban buildings to Notary de la Republic of El Salvador, based on the Law of the Notary Exercise of the Voluntary Jurisdiction and Other Ligences and the Law on the Titles of Urban Prediums; without the need to annex the declaration of social interest in the buildings of nature urban.
Test
Art. 18.-The test in the abbreviated process will be subject to the rules of the Code of the Civil and Commercial Code; however, in order to prove the existence of infrastructure and the active and current functioning of an Official Educational Center, a declaration will suffice Ministry of Education holder's affidavit or
of whom this delegate will serve as a notary.
CHAPTER V SANITISATION REGISTRATION
Registration
Art. 19.-Whenever there is a title of domain of the buildings where the Centers are operating
Official Educational or its annexes in favor of the Ministry of Education, which has not been able to be registered, will proceed to sanitize any formal vice or material to prevent enrollment in the respective Registry according to the procedures set forth in this chapter.
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Errors in the Head or Technical Description
Art. 20.-When they are presented to the Registry of the Root and Mortgage Property, instruments whatever their nature regarding the transfer of buildings or segregations and there are errors or differences with their antecedent, either by extension surface, situation or description
the technique of the buildings, in relation to their antecedent, will prevail as established in the instrument presented and thus must be registered.
When there is need for a plane of lifting topographic for a new technical description, so that errors or differences cannot be overcome with the antecedent of the building, the responsible for it will be the Institute of Legalization of the Property (ILP) and the National Catastro of the National Center
of Registers will approve it in the terms presented through the corresponding.
Errors in Seedline Relationship
Art. 21.-If in the title of domain in favor of the Ministry of Education they have been related
erroneously the record history, and if of the legal study registry and cadastral, is determined its true antecedent and this is according to the The plane of the topographic survey in relation to the situation, location, nature and the colindances, it will have this as its true antecedent and will proceed to its inscription, with a resolution reasoned by the responsible registrar.
Missing Background
Art. 22.-In those cases where the instrument has not been linked to the instrument or has not entered the history of dominance in favor of the Ministry of Education, its holder or the delegate thereof, it shall add an affidavit granted in public deed, explaining all the circumstances to have
exceeded that situation, which will be entered.
Formal Requirements Rectifications
Art. 23.-In the event that the registration requirement for rectifications of
has been denied in the title of domain and there is a manifest impossibility of proceeding to the rectification for causes other than the Ministry of Education, in the The following cases: the death, the impossibility of locating a donor or co-owner, the lack of acceptance of the donation by the Office of the Prosecutor General of the Republic
will be sufficient a plane of topographic survey indicating the property in relation to the situation, location, nature and colindances, adding a statement affidavit of the holder of the Ministry of Education or of whom this delegate, explaining such circumstances in order to overcome the objection
registration, with which it will proceed to its registration with a resolution reasoned by the registrar
Enrolled Background
Art. 24.-In the event that the property has no antecedent record and the extra or urban title is issued, it will be registered in the respective Registry.
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CHAPTER VI GENERAL PROVISIONS AND VALIDITY
Disaffectation by Ministry of Law
Art. 25.-Disaffection, by law ministry, buildings located in green areas and social equipment or other restricted construction zones, except for protection zones in places of risk.
Special Tariffs
Art. 26.-Acts, contracts or documents subject to registration and service requirements in the National Records Center pursuant to this Law shall pay a preferential rate of 25% for payment of duties, as applied in the projects that have the social interest rating of
agreement to the Law of Creation of the Unit of the Social Registry of Infurniture.
Incorporation to Inventories and Symbolic Prices
Art. 27.-The buildings legalized by this Law are incorporated in the inventory of buildings of the Ministry of Education.
For accounting purposes, assign to each of the buildings legalized the symbolic price of a dollar of the United States of America by square vara.
Plazos
Art. 28.-The time limits provided for in this Law shall be counted in calendar days.
Specialty of Law
Art. 29. This Law is of special character and its provisions will prevail over any other than the contrarian.
Application of Common Law
Art. 30. In all the provisions of this Law, the Civil and Commercial Code of Procedure and the provisions of the common law will apply.
Vigencia
Art. 31.-This Transitional Law will be valid for five years from its publication
in the Official Journal.
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GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, 25 days a month March of the year two thousand fifteen.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ENRIQUE ALBERTO LUIS VALDEZ SOTO, GUILLERMO ANTONIO GALLEGOS NAVARRETE, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.
JOSÉ FRANCISCO MERINO LÓPEZ, LORENA GUADALUPE PEÑA MENDOZA,
THIRD VICE PRESIDENT. FOURTH VICE-PRESIDENT.
CARLOS ARMANDO REYES RAMOS, FIFTH VICE PRESIDENT.
GUILLERMO FRANCISCO MATA BENNETT, MANUEL VICENTE MENJÍVAR ESQUIVEL, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA LOURDES PALACIOS VÁSQUEZ, ERNESTO ANTONIO ANGULO MILLA,
FIFTH SECRETARY. SIXTH SECRETARY.
FRANCISCO JOSE ZABLAH SAFIE, JOSE SERAFIN ORANTES RODRIGUEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
Note: In compliance with the provisions of Art. 97, third indent of the Rules of Procedure of this Authority
of the State, it is stated that the present Decree was returned with observations by the President of the Republic, on 15 June. April 2015, having been accepted in full by the Legislative Assembly, in Plenary Session of April 28, 2015; all in accordance with Art. 137 third indent
of the Constitution of the Republic.
GUILLERMO FRANCISCO MATA BENNETT,
FIRST SECRETARY.
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PRESIDENTIAL HOUSE: San Salvador, on the six days of May of the year two thousand fifteen.
PUBESQUIESE,
Salvador Sánchez Cerén,
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
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