1 Decree No. 286 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that the article 101 of the Constitution provides that the economic order should respond essentially at the beginning of social justice, in order to ensure an existence worthy of human beings to all inhabitants of the country, corresponding to the State promotion of the social through the increase of production and economic development the productivity and the rational use of resources; as well as the promotion of the various sectors of production and the defense of the interests of the consumers;
II.-that to comply with the aforementioned constitutional mandate, is necessary to introduce reforms to the law's protection to the consumer, in order to contemplate the principles and guidelines of the United Nations for protection to the consumer, aspiring to give to the consumers, a legal instrument for protection and defense, without excluding other special regulations or the powers conferred on other institutions be able to achieve the effective enforcement of their rights;
III.-that the proposed reform is intended to improve the rights of the consumer and which include the regulation of the right of withdrawal, the right to unsubscribe from certain contracts without delay and undue obstacles, the right to a legal guarantee, the right to receive a compensation for the damage caused in cases of individual affectation , the right to education for consumption, simplification and streamlining of the arbitration process as effective form of solution of controversies and others;
IV.-that is another aspect that is pursued with these reforms, the of the to expand the powers of the various organs of the Ombudsman, so that they can better perform their duties and defend more effectively the rights of the consumers and, on the other hand, establish new responsibilities for providers, which is expected to also contribute to improve the culture of consumption and respect for the rights of the and consumers;
V-who, owing to the above considerations, it is necessary to introduce relevant reform of the law of protection to the consumer.
Therefore, in use of his constitutional powers and at the initiative of the President of the Republic, by means of the Minister of the economy, and of the members and the deputies white Noemi Coto Estrada, Douglas Leonardo Mejia Aviles, Irma Lourdes palaces Vasquez, Bertha Mercedes Aviles of palaces, Karina Ivette Sosa of Lara and Orestes Fredesman Ortez Andrade.
2 DECREES the following: reforms to the law protection to the consumer article 1.-replace article 4 with the following: "(DERECHOS BASICOS DE LOS CONSUMIDORES Art. 4.-Sin perjuicio de los demás derechos que se deriven de la aplicación de otras leyes, los derechos básicos de los consumidores son los siguientes: a) be protected from price increases of goods and essential services pursuant to clause (c)) 58 of this art." Law;
b) be protected from charges for undelivered goods and services not rendered;
(c) the supplier receive complete, accurate, truthful, clear and timely information that determines the characteristics of products and services to purchase, as well as also risks or side effects, if any, and conditions of recruitment;
(d) be protected against misleading or false advertising under the terms established in the Inc. 4 ° of article 31 of this law;
(e) purchase goods or services in the conditions or terms that the supplier offered publicly;
f) be educated and informed in matters of consumption in the form in which is established in chapter VI of this title; as well as grouped into consumer associations for the protection of their interests;
(g) free to choose and to receive equal treatment in similar circumstances, without discrimination or abuse of any kind;
(h) be protected against the risks of receiving products or services, which, under normal or foreseeable conditions of use, would endanger the life, health or integrity;
(i) claim and receive compensation in the event that the goods or services are delivered in quality, quantity or differently from the one offered, being able to choose any of the following options: repair of the good, enforce the offer according to the original terms, where this is possible; to reduce the fare, rate or rate of the good or service; accept to change a product or service other than the offered or the return of what was paid as provided for in article 34 of this law;
j) access to the administrative bodies to air claims for violations of their rights, by means of a simple, brief and free process;
(k) defend their rights in administrative procedures for resolving disputes, with 3 the reversal of the burden of proof on their behalf, in the case of the provision of public services;
(l) to be protected from abusive practices and the inclusion of unfair terms in contracts;
(m) claim through the courts or through various alternative means of dispute resolution, the repair of damages suffered by deficiency, poor quality, or delay in delivery of the goods or services purchased;
(n) receive a detailed explanation of all obligations on the part of the supplier and conditions stipulated in the contract and its annexes, which commits parties meet and read for yourself the contents of contracts;
) that will not extend or renew a contract determined without their consent expressed in writing. (y p) cancel or opt out of a contract under the terms established in this law. "
Article 2.-added article 5-A in the following manner: "collective of consumers with disabilities article 5-A-because of the special circumstances that they concur, persons with physical, mental, psychological or sensory disability, as consumers, they shall enjoy special protection by all organs of the State and, in particular, by the Consumer Ombudsman who" (, in the framework of the powers that gives this law, shall endeavour: to) contribute to social inclusion as consumers and users, through the adoption of measures for education, prevention and care of claims in this group;
(b) to promote awareness, study and information on different topics related to consumption of persons with disabilities with regard to access to goods and services, particularly those offered directly by the public administration; (y, c) promote the collaboration between the Group of persons with disabilities, consumer organisations and public institutions related to the subject, in order to develop joint programmes in favour of the defence of the rights of persons with disabilities as consumers of products and services. "
4 Article 3.-added to article 7, the letter i), in the following manner: "i) deliver free of charge to the Ombudsman the or required samples of products for verification of compliance with the Act, regulations and technical standards of compulsory in accordance with article 58 literal j)." Whenever possible, such samples must be returned no more modifications than those caused by the application of the tests to which they are subjected."
Article 4.-added article 12-A, in the following manner: "commissions and penalties article 12-A-may be cashed out only the commissions identified and described in the contract, and which correspond to an additional service actually provided by the supplier and is not inherent to the product or service contracted by the consumer."
It means inherent in the product or service contracted by the consumer, that which is necessary for the effective delivery of the object or purpose of the contract.
Only proceed the payment of surcharges for breach of contract by the consumer, when it is properly identified in the respective contract.
Commissions and surcharges applicable to products or services purchased shall be read and explained to the consumer at the time of hiring.
Fees or surcharges may not settle for the administration or management of appropriations, as set out in the Inc. 1 ° of this article, and not when they are generated by responsibility, by action or omission of the supplier, or failures in your computer system may be charged.
The interest rate and the amount of commissions and surcharges applied to the type of service in the period invoiced and those applicable in the following period, when appropriate, should learn and explain at the time of recruitment, in addition these must be notified monthly consumers across the State of account, document collection or payment or the means indicated in the contract for that purpose.
Only shall the overdraft caused by the acquisition of goods and services by the consumer and that is always authorized expressly in the agreement or legal document issued to that effect, within the limit established in the same. Not may charge you interest, fees or surcharges generated fee that has not been agreed in the contract or document that covers it."
Article 5.-added article 12-B, in the following way: "of the sale to term of collateral
Article 12-B.-selling property in installments, or suppliers that provide financing for the acquisition of the same services, directly or through third parties, must meet 5 obligations indicated in this law for financial service providers.
Movable forward sale contracts, must provide clear and explicit, so at least the following information: a) the name or business name and address of the Contracting Parties; and contracts for the funding, the name or business name of the financier and his address;
(b) nature of the contract;
(c) identification of the good object of the contract, and its general characteristics and specific;
(d) selling price of the good spot;
(e) the term of the contract;
(f) amount of initial outlay and balance of principal sum when they exist, interest rate and number of estimated fees and amount for the payment of the referred account or description of the form of financing;
(g) place and date for the completion of payments and conditions for payment in not working days;
(h) the penal clause of reservation of title or any other form of guarantee permitted by the law, and constancy of obligation documents signed with the consumer in relation to the contract;
(i) conditions of the guarantee of the good object of the contract;
j) place and date of the contract; (y k) signatures of the Contracting Parties. "
Article 6.-reform in article 13, its fourth paragraph, in the following manner: "consumer desist of the concluded contract, the supplier shall refund the paid, but will keep administrative costs, an amount which shall not exceed the amount that results from calculating the mercantile legal interest on the amount delivered, well premium, advance payment or total price. "The interest shall be calculated taking into account the time elapsed between the date that the payment was made and the date in which it declined to contract."
6.7-Add art. 13-A, in the following manner: "right of withdrawal article - 13.-the right of withdrawal from a contract is the Faculty of the consumer to rescind the contract unilaterally, without having to justify its decision and without penalty, if not I would have perfected by not having passed within eight days , do not have begun to make use of the good or service has not been started to provide.
(a) the right of withdrawal may be exercised in the following cases: i. on the purchase of goods and services offered by the provider or a third party acting on your own out of the mercantile establishment, in meetings convened for this purpose by the supplier, and where the consumer must express its acceptance within the same day of the meeting. All contracts concluded outside the establishment of the supplier, where there is no application are presumed subject to the provisions of this article, so that the supplier will be responsible for the evidence to the contrary;
II. distance contracts, i.e., contracts concluded with consumers in the context of a business activity, without the simultaneous physical presence of the Contracting Parties, provided that the offer and acceptance are carried out exclusively through any technique of distance and communication within a system of contracting organized by the entrepreneur. Among other things, have the consideration of means of distance communication: forms, with or without specific recipient; the charts in forms; advertising in press with order coupon; the catalogue; the phone, with or without human intervention, which is the case of the automated calls or audio text; the email; fax and television;
III. when it recognizes in the offer, promotion, advertising or in the contract itself.
((b) in addition to the designated in the literal to) of this article, the exercise of the right of withdrawal shall be subject to the following rules: i. in cases where, in accordance with this provision applicable redemption, the contract not shall be perfected until that expires the deadline for its exercise. The period for exercising the right of withdrawal, shall from the contracted good surrendered or from the date of conclusion of the contract, if the object of this is the provision of services;
II. the exercise of the right of withdrawal shall not be subject to any formality, it is accredited in writing and that the date which was communicated to the supplier can be convincingly established. The communication shall be the domicile of the supplier or any of its establishments and if it refuses to accept the communication, consumers can go to the 7 Consumer Ombudsman to communicate your desire to assert the right of withdrawal, and the Director of the Centre of dispute settlement shall certify the request of consumer. En_el_caso_de the Roman II) the literal to) of this provision, communication also may be in the same means used to conclude the contract. The risk of loss of the good will be taken by the consumer;
III. will be null and void clauses imposing a penalty for exercising this right to the consumer / user, but these will respond for administrative costs that could have generated the contract to the supplier, which may not exceed the amount that results from calculating the mercantile legal interest on the amount delivered, well premium, advance payment or price total. Interest will be charged to take account of the time elapsed between the date that the payment was made and the date which is dropped the contract;
IV. once the consumer has exercised the right of withdrawal, the supplier shall be obliged to return the sums paid by the consumer and within a maximum period of fifteen days from the communication of the withdrawal;
V. Necessary to appreciate unpacking and checking of the goods does not use. However, consumer and user shall return in good condition good and original elements of packing, as labels, certificates of guarantee, use manuals, boxes, elements of protection or their respective value previously informed;
VI. in those cases in which the price of the good or service has been covered total or partially with a credit granted to the consumer by the supplier or by a third party, prior agreement between it and the supplier, which shall be indicated in the credit agreement, the withdrawal will resolve such credit. The supplier is obliged to notify the third party on the exercise of the right of withdrawal for the consumer. There be costs involved, for example the cancellation of guarantees, these will be in charge of the consumer, when the credit has been granted by a third party."
Article 8.-added article 13-B, in the following manner: "right to be of low article 13-B-once it has fulfilled its contractual obligations, the consumer shall be entitled to demand the cancellation or to unsubscribe from the provision of a good or service continuous or successive tract with the same or similar facilities for hire. All provider is obliged to inform the consumer at the time of hiring, on the procedure for exercising this right.
Where in accordance with this provision necessary request from a service, the provider must make it effective within the ten days following the date on which it was requested. Once within this period unless the supplier had effective low, means that this occurred automatically and that therefore onwards there will be no any obligation for the consumer.
8. the supplier should report directly to consumer, thirty days prior to the termination of the contract, so the consumer manifest his will written, continue or not with the service."
Article 9.-Add to article 15, a new subsection, in the following manner: "the provider shall be obliged to point out on the tickets and stubs, the form that will let know the results of the contest or sweepstakes."
Article 10.-added to article 17, the letter i), in the following manner: "i) clauses involving the imposition of a penalty that does not correspond to the damage caused to the supplier for breach of the contract by the consumer." To analyse the correspondence between the harm caused and the penalty, be taken into account among other things, the value of the contract, its execution state, demonstrable costs incurred by the supplier and the nature of the benefits of the parties. "
Article 11.-reform in article 18, the letter h) and adicionanse the letters j), k), l) and m), follows: "h) use any manoeuvre or artifice to achieve high prices or hoarding of: food, necessities and essential services;"
(j) impute or register the payments made by the consumer with a later date than that which was actually made;
(k) extend or renew automatically a fixed period without the consent of the consumer expressed in writing; except that the provisions in this paragraph is already regulated in other special laws;
(l) collect charges for untimely payment, when on the date last payment offices or establishments of the supplier are closed because they are not working days, holidays, unforeseeable circumstances, force majeure or any other circumstances that are the fault of the supplier, as the lack of operation of the electronic billing systems; in all cases, the payment date will be extended to the next business day;
(m) cash for services not rendered, except minimum payments for access to public services."
Article 12.-added to article 19, letter n), in the following manner: "n) report directly to the consumer, free of charge, the statement, according to the periodicity of payment agreed, with the detail of balances and active operations of the products or services contracted, through the means indicated in the contract for that purpose."
9 Article 13.-added article 26.-A, in the following manner: "I discharge article 26-A.-extinct once a contractual relationship, the supplier shall deliver the settlement or cancellation and warranties, within the maximum period of 15 days from the last payment, unless a different period is provided in other special laws."
Article 14.-the Art.30, be replaced by the following: "information of promotions article 30.-case promotions and special offers of goods or services, retailers will be required to inform the consumer conditions, the total price or the elements that make determinable, the duration thereof, by any means of advertising or by notices or posters in visible places of settlement or labels attached to the goods."
Article 15.-reforming article 31, by the following: "(PUBLICIDAD ILÍCITA, ENGAÑOSA O FALSA Art. 31.-Se considerará publicidad ilícita la siguiente: a) advertising that violates the dignity of the person or violates the right to honour, privacy and personal image recognized in the Constitution, especially in what refers to women, youth" children and minority groups. Shall be included in the previous forecast, ads showing women in a vexatious manner, either using directly and particular your body or parts thereof, as mere disconnected object of the product which is intended to promote either his image associated with stereotypical behaviour.
(b) false or misleading advertising is any form of information or communication of character advertising, total or partially false, or which in any other way, even by omission, is able to induce error, deception or confusion to the consumer, and can affect their economic behaviour. All of its elements be taken into account to determine whether an advertisement is false or misleading and mainly concerning indications a: i) the characteristics of the goods, activities, or services, such as:-origin or geographical or commercial origin, nature, composition, destination, purpose, suitability, availability and novelty.
-Quality, quantity, category and specifications.
-Mode and date of manufacture, supply or provision.
10 results that can be expected from its use.
(ii) full price or fixing of the same mode.
(iii) legal and economic conditions of acquisition, use and delivery of goods or the provision of services.
(iv) reasons for the offer and promotion.
(v) nature, qualifications and rights of the advertiser.
(c) advertising that violates provisions of the regulations governing the advertising of certain products, goods, activities, or services.
The liability for illegal advertising will fall on the supplier or advertiser has ordered its broadcast, not on the agency or agent of advertising that hires the guideline, nor on the medium which spread it. To better supply, Consumer Ombudsman asked opinion to the national advertising Council, which will not be binding.
The sanctioning procedure has begun Court sanctioning of the Consumer Ombudsman may suspend provisionally deemed illicit advertising.
So advertising relative to the price of goods offered for sale in instalments is not considered to be misleading, you should express the cash purchase price and the total price in instalments according to the published fees. In advertising, ads and offerings displayed at business premises, which offer intermediation for the conclusion of a contract of sale or a credit installment shall, in any case, indicate the interest rate as well as the effective annual rate. Where an interest rate would have stipulated either fixed or variable, in the contract shall be established full payment, according to the interest rate applicable at the time of the celebration of the same, by expressly stating how it was calculated."
Article 16.-Art. 33, be replaced by the following: "LEGAL guarantee collateral article 33.-the guarantees offered by the suppliers on goods and services, must be expressed clearly in the contractual document or attached document containing: conditions, forms and terms of guarantee of use or operation that sold well, the responsibilities of the consumer, the way in which may become effective and the individualization of the natural or legal persons which extend it and" that you will meet them. Only in this case the legend may be used "guaranteed", in the different forms of presentation of the good or service.
Extended warranties in accordance with the preceding paragraph, shall be binding on suppliers and consumers, and may not imply a limit or renounce the guarantees granted under the law or respective technical regulations.
The warranties provided by the manufacturer or producer of goods and services, are mandatory for 11 distributors.
In any trading of new non-perishable personal property, the provider is obliged to guarantee to the consumer the quality, quantity, performance and safety, consistent with the purpose for which they are manufactured.
The term of the warranty, requirements and procedure to enforce it shall be determined in the respective technical standard."
Article 17.-Add art. 33-A, in the following manner: "enforcement of security article 33-A-for the purposes of the previous article, the consumer shall communicate operating defect or deficiency of the service by any means providing proof of receipt, within thirty days following the date of have discovered. "They shall be borne by the supplier the costs of transport and return of property to the location in which the good was delivered to the consumer at the time of the sale."
Article 18.-reform in article 34, paragraph first, in the following manner: "scope of warranty article 34.-warranty shall include the necessary repairs to the proper functioning of the good or the proper provision of the service, and having tried the repair of the defect that substantially reduces the use, value or safety of the good or service up to two times without being able to correct it" , the consumer shall be entitled to choose between the following options: compliance of the offer, if this is possible; the replacement of the property for another of a different nature; and the reduction of the price or the return paid."
Article 19.-Add to article 38, a new subsection, in the following way: "(Para la consecución deel objetivo establecido en el literal f), the Consumer Ombudsman and the Ministry of education will join efforts to promote education in consumption."
Article 20.-added to article 42, the letter f), as follows: "f) provide to the consumer, goods or services without displaying the prices under the terms described in this law and its regulations."
Article 21.-Adicionanse to article 43, the letters i), j), k), l), m) and n), as follows: "i) break, violate, modify or disable the stamps, seals or certificates of metrological control which, in accordance with the applicable mandatory technical regulations, equipment and instruments used for measurement in trade or industry, in the realization of tests or trials" measurements, medical, scientific or of any other nature;
12 j) used in all types of transactions, public, private, or authentic documents and advertising, units of measurement that are different to those laid down in the legislation governing the matter, or those authorized by the authority or institution having within its metrology competition Affairs, while its equivalent is expressed in the legal system;
(k) offer without expressing its equivalence, in accordance with the legal system, products with measures other than those determined in the international system of units (SI) or those authorized by the authority or institution which has within its competence the Metrology, standardization, accreditation and certification;
(l) any limitation, undue delay or obstruction to the exercise of the right to unsubscribe, the lack of procedure or the lack of communication from this to the consumer at the time of recruitment;
(m) refuse to deliver the settlement, the cancellation or the loan guarantees in the terms indicated in this law; (y n) make promotions or special offers of goods and services in contravention of the provisions of this law. "
Article 22.-Adicionanse Art. 44 h letters), i), j) and k), as follows:
"(h) produce or market products packaged with net content outside the compulsory technical rules;
(i) not to deliver the samples required for the verification of compliance with the law and the compulsory technical rules;
j) use quality seals on goods or services, or certificates of quality lots, in contravention of the provisions of the compulsory technical rules applicable; (y k) refusing to make the money back, when the consumer has exercised the right of withdrawal or withdrawal. "
Article 23.-added an inc. third Al Art. 48, thus: "the fact that the supplier has repaired the damage produced or returned as charged improperly before the Disciplinary Tribunal handed down the final resolution, can be valued as a mitigating circumstance, in which case the fine may be less than the amount that had been established in the concept of damage or the charged improperly."
13 Article 24.-Art. 50, be replaced by the following: "sanctions Article 50.-by the Disciplinary Tribunal may agree as accessory penalties, against the infringements of consumption: a. confiscation and destruction of the goods expired, adulterated, or impaired, not identified or that could present a risk to the consumer."
Case of food or drink altered, adulterated, counterfeit, contaminated or not suitable for human consumption, the Ombudsman's Office, through its inspection and monitoring, services shall be in accordance with the provisions of the article 90 of the code of health, in which case these measures will not have the character of accessory penalty;
b. the removal or cessation of advertising, as well as measures to rectify or correct the effects produced by the declared illicit advertising; to order the rectification of the advertising, the Court shall take into account, among other parameters, the nature of the good or service that is being promoted, the medium of broadcasting and the period during which it has been disseminating advertising. If advertising rectification has been ordered, the supplier must obtain the approval of the Court before disclosing the ranked rectification. The pronouncement of the Court must be made within two business days following receipt of the proposal for rectification ranked. If the Court is not pronounced in the earlier period, advertising rectification means approved for all subsequent legal purposes."
Article 25.-added article 50-A, in the following manner: "means of enforcement article 50-A.-the Court sanctioning, without prejudice to other measures of enforcement provided for in the legal system, for the implementation of the actions listed below, it may impose, prior requirement of compliance with providers, periodic penalty payments of up to one hundred minimum monthly wages in urban industry in order to force them to" : a. cease to conduct that has been declared forbidden in strong resolution in accordance with the law;
b. meet the requirements pursuant to article 146, paragraph second, make the disciplinary court; and c. comply with measures precautionary."
14 article 26-article 52, be replaced by the following: "Disclaimer article 52.-case of impacting a single interest, compliance with the settlement reached in the mediation or conciliation between the supplier and the consumer, shall exclude the administrative responsibility of the supplier." However, if the involvement to a collective or diffuse, interest despite the arrangement, the sanctioning procedure be started when there are elements about the possible Commission of an offence."
Article 27.-reforming article 64, in the following manner: "liability article 64.-public servants of the Consumer Ombudsman will respond under the terms established in article 245 of the Constitution of the Republic, of damages that may be caused in the exercise of their duties."
Article 28.-reforming article 71, thus: "delegation and temporary replacement article 71.-in the case of temporary physical or mental incapacity, resignation or dismissal of the President or Chairman of the Consumer Ombudsman, will be replaced by the President or President of the Disciplinary Tribunal, who shall have all the powers assigned to the Presidency of the institution."
In any other case of temporary and justified absence, the President or President of the Ombudsman may delegate the exercise of their powers on a public server that occupies the position of Director within the institution."
Article 29.-reform in article 74, the letter to), in the following manner: ") serve as an advisory body and make proposals to the President or President of the Ombudsman in the protection of the rights of consumers, so as the Organization and functioning of the Ombudsman."
Article 30.-replace in article 83, the letter c) and added the letter d), as follows: "c) order the infringer, in cases of involvement interests, individual, collective or diffuse, the replacement of the situation altered for breach, to its original state." Among the measures to achieve the replacement of the altered situation may be, ordered the replacement of the good; the return of the charged improperly or the lowering of the price; (y d) know of the other issues that have attributed by law. "
15 article 31.-reforming article 119, in the following manner: "arbitration art. 119.-If not be peaceably settle the dispute through conciliation or mediation, will be proposed to those interested in the subject, that the dispute is submitted to arbitration, which will be developed according to the procedure laid down in this law and its regulations, which may be amended by the parties by mutual agreement" , provided that the principles of equality, hearing, contradiction and due process are respected.
In cases of arbitration in matters related to consumer rights, will not have application standards contained in the Act of mediation, conciliation and arbitration, except in the extra form for no provisions expressly in this law.
The Ombudsman will implement systems General and voluntary adherence of suppliers to the arbitration of consumption, which will require the expression of their will through public offerings or by statements of the submission deposited in the Ombudsman's Office, which determined unequivocally the will of the supplier to submit their consumer disputes, arbitration regulated in the present law and previous compliance with the requirements laid down in the regulation.
The Ombudsman can create administrative incentive systems suppliers who adhere generally to the consumer arbitration."
Article 32.-reform in article 124, first and third subparagraphs, in the following manner: "reply Art. 124-provider or consumer, as the case may be, must demonstrate to the Ombudsman, within five working days of received notification of the request for arbitration, if it accepts or rejects the submission to arbitration proceedings, where there is no prior agreement;" (its not reply be taken as negative and filed record, provided there are elements about the possible Commission of an offence, because in such a case shall be dealt with the disciplinary procedure in accordance with article 143, letter d).
"The arbitration of consumption will be in equity, except that the amount of the claim exceeds three thousand dollars, and that the parties choose law or by technical arbitrage at the conciliation stage, or when the agreement of submission to arbitration jurisdiction of consumption is made before the consumer advocacy."
Article 33.-Reformanse in article 125, paragraphs first, second and third, in the following manner: "appointment of arbitrators article 125.-in the event of disputes whose amount is up to three thousand dollars of the United States of America, will know abbreviated for small claims procedure an only referee appointed by the Ombudsman, or the parties if they are in agreement."
16. If I will try to more disputes, you can know a sole arbitrator or Tribunal of three arbitrators appointed by the Ombudsman, in the common procedure regulated in the following articles, depending on the will of the parties; unless they provide designated by mutual agreement, in the first case the arbitrator, or each appoint an arbitrator in the second case, it must be so designated to appoint the third arbitrator; If you do not reach agreement, the Ombudsman will make designation.
The arbitrators referred to in this article, shall be elected from a list of referees accredited by the Ombudsman's Office and their remuneration will be borne by this, except for the case in which the parties or some of them decide to appoint its own arbitrator, in which case the remuneration will be on their own."
Article 34.-reformed Article 128, in the following manner: "onset and duration of arbitration article 128.-once the third arbitrator or the sole arbitrator, as the case may be, manifest his acceptance of cargo to the Ombudsman and to the parties in writing, start period of the arbitration process, and must make the award within 60 days following the common procedure and forty days for the abbreviated for minor procedure" except that the parties may agree to extend those terms."
Article 35.-reform in article 129, paragraph first and repeal of subsection second, as follows: "installation of the Art. 129 court hearing.-when the sole arbitrator or the third arbitrator as the case may be, manifest his acceptance of the post, the Ombudsman will proceed to install the arbitral tribunal by naming the President and Secretary of the same, and shall designate the period of five days from the completion of the hearing so that the consumer can present their demand."
Article 36. Added article 136-A, as well: "procedure abbreviated for minor Art. 136-A-requests for arbitration whose claim is of undetermined amount and those which are of an amount less than three thousand dollars of the United States of America, shall be governed by the abbreviated for minor process regulated by this law and its regulations."
Procedure shortened for minor, when the sole arbitrator manifest his acceptance of the post, the Ombudsman will proceed to notify the consumer to submit its demand in writing within five days.
Received the demand, the referee will proceed to solve through self on the admission of the same, within three days from its presentation. It found, following examination of the same, which met all procedural budgets and has no defects, it will dictate admission auto.
If demand were correctable defects, the referee will warn the Party on them, granting him within three days so that he rectified them, warning you that if you don't make it, declare it inadmissible. More, if defects in the demand were irreparable, the referee will dictate auto by declaring it 17 improponible.
The respondent shall have a period of eight days from the date of notification of the claim, to answer the same and with this you must add the documentary evidence which it intended to use.
Answered the demand or the expired to do so unless the defendant had done so, the referee shall fix audience so there are parties, within a maximum of eight days.
If justified because the audience could not be performed, the umpire shall signal only once a new date for its practice, which will take place, even in the case of the consumer or the supplier claimed judgment.
The hearing shall be oral, parties making the allegations deemed necessary to better defend their interests. Exceptions to the counterclaim, if any, is invoked in the audience.
At the hearing, the arbitrator may attempt to conciliation between the parties, which achieved, the agreement will be elevated to the category of final arbitral award.
Conciliation is not achieved, the arbitrator will hear the parties and will order the production of evidence that it deems appropriate. At least with three days prior to the date of the hearing, the parties may request any tests that to practice the same, need citation or other proceedings.
After hearing the parties, the arbitrator may issue without any further formality the award if he sees fit, otherwise, the award must be held within a maximum period of three days, counted from the date of completion of the hearing, which shall be notified in writing to the parties.
Other aspects of the abbreviated procedure will be regulated in the regulation of the law, considering these as institutional arbitration rules; can the referee decide on questions of procedure applicable in extra way to the above, the procedures established for the general procedure regulated in the present law.
The time limits referred to in the abbreviated process of minor shall be counted in calendar days."
Article 37.-Art. 143 be replaced by the following: "(INICIO DEEL PROCEDIMIENTO Art. 143.-El procedimiento se inicia: a) when a party has withdrawn to submit the dispute to one of the alternate means of dispute resolution;"
b) case interests of collective or diffuse;
(18 c) if in the case of individual interests there was no settlement in the mediation or conciliation; and (d) the Ombudsman having knowledge of the infraction by any means.
In the cases of the literal "a" and "c", the procedure will start with certification that the effect forward the center of solution of controversies of the Ombudsman's Office, which must be submitted within a maximum of ten days from the last hearing with the consumer.
In the case of the literal "b", by denunciation written of the President or of the President of the Ombudsman or by consumer associations accredited; and, in the case of the literal "d", by denunciation written the President or President of the Ombudsman.
The complaint referred to in the preceding subparagraphs, must present identification and general information of the complainant and of the supplier, observed behaviors, legal provisions which are considered to be broken as well as the qualification that deserve you the facts, the claim of the complainant and other data it deems appropriate; "in addition the President or President of the Ombudsman will expose measures precautionary that he has ordained, and consumer associations may request that necessary."
Article 38.-reforming article 144, as follows: "pending article 144.-the Court, once received the complaint, shall decide on admission in within five days, bearing in mind if you have provided the elements necessary to impute a person for the alleged Commission of an offence."
If the complaint does not meet the legal requirements laid down in the preceding article, the Court will prevent the complainant within a maximum period of three days satisfied or remedy the observed.
In the formulation of prevention, will be indicated to the complainant that, does not comply with the requirements required of it, will be declared inadmissible the complaint, leaving safe its right to submit new denounces if he is coming."
Article 39. Added article 144-A, as follows: "procedure simplified article 144-a.-when concerned allegations of trade, and the facts are clearly determined, have been included in performances by the Consumer Ombudsman or tested with performances by other institutions have been recognized by the offender, recorded in administrative registers or other justified circumstances, the record is may process in simplified procedure (, in accordance with the following rules: a) the resolution of admission of initiation, as well as in the regulation of 19 this Act, specify the simplified nature of the procedure;
(b) in within three days following notification of the referral order, the alleged infringer may make declarations alegaciones and submit documents choosing as well as propose the taking of evidence deemed necessary. This same term will serve to make allegations when they had taken precautionary measures ahead of time;
(c) the Court shall be the appropriate actions and, when appropriate, will order the tests that had been admitted. In this procedure the Court may exceptionally order further proceedings that may be necessary for its decision;
(d) carried out the actions referred to in the previous paragraph, the Court shall issue the final resolution. Before this decision, if he appreciated that they no longer attend the ends that justify the procedure simplified or in view of the complexity of violations or, where appropriate, of complaints from consumers, the Court can resolve that continue the instruction by the procedures of the ordinary procedure, reported so the alleged infringer and, in appropriate so interested in within five days make allegations or intend to test if they consider it convenient;
(e) resolution that decides to process the record using the simplified procedure will not accept any resource.
"(((((((En cualquier caso, siempre se seguirá este procedimiento cuando se trate deel conocimiento de las infracciones previstas en los artículos 42, letras a) and e), 43, letters b) and f) and 44, lyrics to), e), f) and g)."
Article 40.-reform Art. 145, in the following manner: "citation of reported article 145-initiated the procedure, the Court will be mentioned to the supplier so you appear to manifest his defense in writing within a period of five days from the following of the notification."
Expired the term, having appeared or not the supplier, it opens to test for eight days."
Article 41.-Art. 149, be replaced by the following: "resolutions Art. 149.-the final resolution or that resolves an incident, will be signed by all the members of the Court, even in the case of reasoned vote." The procedural orders can be resolved by one only of the members, except that relating to admission or inadmissibility of the complaint and to the management or rejection of the test.
The certification of the firm resolution to impose a penalty or that contains an order to, 20 make or deliver a thing for the replenishment of the situation altered by the unlawful administrative, will be enforceable. The offender must satisfy the resolution within ten days following the day on which has been notified.
If the fine is not fulfilled voluntarily, the President or President of the Ombudsman will request to the Prosecutor General of the Republic make effective sanction in accordance with the common procedures.
"When a measure has been given to replenish the situation caused by the unlawful administrative, if the target does not meet it in the period referred to in the second paragraph of this provision, the applicant may request certification of the resolution to exercise the respective actions."
Article 42.-added article 150-A, in the following manner: "capacity to be part and Art. 150-A procedural LEGITIMATION.-without prejudice to the provisions of the common law in civil and commercial matters, may be party to the proceedings, groups of consumers or users affected by a harmful event, when the individuals who compose it are determined or are readily determinable."
Consumer advocacy and consumer groups, will be legitimized procedurally for the exercise of legal actions in defense of rights and collective or diffuse interests of consumers."
Article 43.-Special provisions "in the case of the portfolio of existing loans with balances outstanding at the date of entry into force of this Decree, shall apply with respect to commissions and surcharges in this law article 12-A, ninety days after the entry into force of this Decree." In that period not to increase is the price of commissions or charges."
Article 44.-entry into force the present 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, at thirty-one days of the month of January of two thousand thirteen.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ALBERTO ARMANDO ROMERO RODRÍGUEZ, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSE FRANCISCO MERINO LÓPEZ, FRANCISCO ROBERTO LORENZANA DURÁN, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
ROBERTO JOSÉ d'AUBUISSON, 21 fifth Vice President.
LORRAINE GUADALUPE PENA MENDOZA, CARMEN ELENA CALDERÓN SOL STEP, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA PALACIOS LOURDES VASQUEZ, MARGARITA ESCOBAR, FIFTH SECRETARY. SIXTH SECRETARIAT.
FRANCISCO JOSE ZABLAH SAFIE, REYNALDO ANTONIO LÓPEZ CARDOZA, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, on the fifteenth day of the month of February in the year two thousand thirteen.
Publish, Carlos Mauricio Funes Cartagena, President of the Republic.
German Jose Armando Flores, Minister of economy.
D. OR. No. 34 vol. No. 398 date: 19 February 2013 ROM/adar 07-03-2013 legislative index