Provisions For The Courts, To Get To Know The Processes Regulated By The Code Of Civil And Commercial Procedure.

Original Language Title: DISPOSICIONES PARA LOS JUZGADOS, PARA QUE CONOZCAN EN LOS PROCESOS REGULADOS EN EL CÓDIGO PROCESAL CIVIL Y MERCANTIL.

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Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/decreto-de-conversion-de-juzgados-con-conocimiento-en-materia-civil/archivo_documento_legislativo



1 index Legislative Decree No. 59 LA Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that, in accordance with article 172 of the Constitution, corresponds to the judiciary the power to judge and enforce judged in civil and commercial matters, the courts of first instance and cameras of second instance; In addition, sets its organization and performance will be determined by the law.
II.-that the Legislative Decree No. 372, of date may 27, 2010, published in the official newspaper Nº 100, volume no. 387, dated May 31, 2010, article 13 requires that the courts of the Civil Court of mercantile and lower level of the Department of San Salvador; as well as the courts of Civil of the departments of Santa Ana and San Miguel, who have known the processes in accordance with the code of civil procedure and other special laws, would continue getting to know of them until its full completion; In addition, that prior diagnosis that proved such a situation, these courts knew processes in accordance with the code of Civil and commercial procedure.
III.-that them judged of it Civil of them municipalities of Chalchuapa, Metapan, Sonsonate, Ahuachapán, Delgado, Mexican, Soyapango, San Marcos, Apopa, Quezaltepeque, Zacatecoluca, Cojutepeque, San Vicente, Usulután, it Union, Santa Rose of Lima and Santa key, also is found in knowledge of processes followed according to the code of procedures civil, until its full completion.
IV.-that the Court of first instance of the municipalities of Izalco, Acajutla, Armenia, Atiquizaya, Tonacatepeque, San Juan Opico, La Libertad, Chalatenango, Tejutla, Dulce Nombre de Maria, San Pedro Masahuat, Suchitoto, San Sebastian, Sensuntepeque, Ilobasco, Chinameca, Ciudad Barrios, Jiquilisco, Berlin, Santiago de Maria, Jucuapa and first court and second of first instance in San Francisco Gotera, is also in the understanding of the processes followed under the code of civil procedure , until its full completion.
V that through Legislative Decree No. 42, dated June 29 of this year, published in the official newspaper Nº 100, volume no. 395, of the same month and year, were extended for another eighteen months the effects of article 17 of the Decree legislative number 372, of date may 27, 2010, published in the official newspaper Nº 100, volume no. 387 date of May 31, 2010, which regulates processes pending to coming into force the code of procedure Civil and commercial should be conducted and fenecidos later than the expiration of 2 years from the entry into force of the aforementioned regulation.

2 index legislative VI.-that the judicial assessment carried out by the Supreme Court of Justice identified a trend of increase in processes pending in the municipality of San Salvador of the civil and commercial courts, courts civil Mejicanos and Delgado; as well as a high workload in the courts of family of the municipalities of Santa Ana and San Miguel.
VII.-that, in accordance with article 182 attribution 5th. Constitution ordering watch is administered an early and accomplished justice, it is imperative to reorganize the jurisdiction with respect to those courts maintained in exclusive knowledge of these processes; as well as reorient human resources according to the identified needs in order to provide a quick answer to the justifiable.
Therefore, use of his constitutional powers and at the initiative of the Supreme Court of Justice.
DECREES: Art 1-the courts that have continued with the knowledge of the processes initiated in accordance with the code of civil procedure and other special laws, until their respective completion, shall comply with the 18-month extension as it referred the Decree legislative number 42, on June 29, this year, published in the Official Journal No. 120, volume no. 395 of the same date , To exception of them judged to which is concerns the article 11 of the present Decree, which because of his CONVERSION, will know until the thirty of June of two thousand THIRTEEN. (1) art. 2.-them judged first and second of less amount of the municipality of San Salvador, will know of them processes regulated in the code procedural Civil and mercantile, starting from the one of January of two thousand thirteen, according to the rules established in the same; In addition, they will continue to knowing of civil and commercial proceedings initiated before the entry into force of this code.
The third courts and quarter of lesser amount of the municipality of San Salvador will not modified its competition.
Article 3.-is deleted them judged second, third, fourth and fifth of it commercial of the municipality of San Salvador, starting from the thirty and one of December of two thousand twelve.
The holders and the personal of them judged before suppressed, is integrated to them tried of it civil and commercial of the municipality of San Salvador, starting from the one of January of two thousand thirteen, according to the order following: judged second of it commercial is integrates to the judged first of it Civil and commercial; Third party commercial court joins the second Court of Civil and commercial law; Fourth commercial court joins the third Court of Civil and commercial law; Fifth commercial court joins the fourth Court of Civil and commercial law, all in the municipality of San Salvador.

3 index legislative article 4.-the court first mercantile of the municipality of San Salvador, will remain in knowledge of the proceedings initiated before the entry into force of the code of Civil and commercial procedure.
Also known from the one of January of two thousand thirteen, commercial trials which, by reason of the conversion of the competence of the courts of second, third, fourth and fifth of the trading company of the municipality of San Salvador, are submitted.
Article 5.-are deleted the courts second, third and fourth civil of the municipality of San Salvador, from the 1930s and one of December in the year one two thousand and twelve.
Owners and staff of the previously abolished courts, will be integrated from the one of January of two thousand thirteen, in accordance with the following order: from the second Civil Court will be integrated to the fifth Court of Civil and commercial law of the municipality of San Salvador; of the judged third of it Civil is integrated to the judged of what Civil of slim; Civil Court room will they join the Juzgado civil of Mexicans.
In cases of the civil courts of the municipalities of Delgado and Mejicanos, holders will be incorporated, will be competent to understand the processes regulated by the code of procedure in Civil and commercial, from the one of January of two thousand thirteen.
Processes initiated in accordance with the code of civil procedure and other special laws, will continue to be conducted only by current holders of these courts, without prejudice to know the processes regulated by the code of Civil and commercial procedure.
Article 6.-the first court of the Civil of the municipality of San Salvador, will remain in knowledge of the proceedings initiated before the entry into force of the Civil procedural code and commercial.
From one in January of two thousand thirteen, also, will know of the civil trial because of the conversion of the competence of the courts of the second, third and fourth civil of the municipality of San Salvador, are submitted.
Article 7.-Conviertense the courts of the second and third civil Department of Santa Ana, in third courts and family room in the same Department, respectively, which shall have jurisdiction in matters of family and related special laws, from the first of January of the thirteen thousand.
Article 8.-the first court of the Civil of the Department of Santa Ana, will remain in knowledge of the proceedings initiated before the entry into force of the Civil procedural code and commercial.
From the one of January of two thousand thirteen, also, will know of the civil trial due to the conversion of the jurisdiction of the second third of the civilian in the Department of Santa Ana, are submitted.
Article 9.-Conviertense the courts of the first and second of the Civil Department of San Miguel, in third courts and family room in the same Department, respectively, which shall have jurisdiction in matters of family and related special laws, from the one of January of two thousand thirteen.

4 index legislative also continue in knowledge of the proceedings initiated before the entry into force of the code of Civil and commercial procedure.
Article 10.-the courts of family of the departments of Santa Ana and San Miguel will have competition for Department-wide respectively, starting from the one in January of two thousand thirteen.
Processes that the entry into force of this Decree, are pending in the courts of first and second of family of the departments of Santa Ana and San Miguel, will continue to be processed in the same until its completion.
In order to ensure the equitable distribution of the work of the departments of Santa Ana and San Miguel family courts, the Supreme Court by agreement, shall adopt appropriate measures.
Article 11.-the courts who, owing to the present Decree, become, and not continue in the knowledge of the processes initiated in accordance with the code of civil procedure and other special laws, shall send processes pending the Court that correspond as designated in the preceding articles, within the first five working days following the date of their conversion.

LATER THAN THE 30 OF JUNE OF TWO THOUSAND THIRTEEN, FENECIDOS PROCESSES MUST BE SENT TO THE JUDICIAL ARCHIVES UNIT OF THE SUPREME COURT OF JUSTICE. (1) any referral must include in their respective reports, which will be delivered to the Court which corresponds, at the latest within the first five working days from the date of conversion.
Article 12.-them judged that continue to in knowledge of them processes initiated with the code of procedures civil and others laws special, must pay report quarterly to the Court Supreme of Justice on them advances in the debugging and completion.
To the spend the term of them eighteen months of extension, that makes reference the Decree legislative No. 42, of date 29 of June of the present year, published in the daily official No. 120, took no. 395 of date 29 of the same month and year, them judged first of it Civil and first of it commercial, both of the municipality of San Salvador and judged first of it Civil of the Department of Santa Ana become courts of the jurisdiction of family or other jurisdiction, if so recommended by the Supreme Court of Justice.
Article 13.-reports referred to in this Decree shall be developed through payroll containing the following information: reference or file, procedural parts, process type, number document basis for action, where appropriate, procedural stage and description of number of parts and pages that compose it. The signatures of the owner and Secretary of performances and the stamp of the respective court should also include.
Article 14.-this Decree shall prevail over any general or special provision that counteract it, 5 legislative index and will be deemed incorporated into the text of the Judicial Organization Act.
Article 15.-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, to the twelve days of the month of July of two thousand twelve.
OTHON SIGFRIDO REYES MORALES President ALBERTO ARMANDO ROMERO RODRÍGUEZ GUILLERMO ANTONIO GALLEGOS NAVARRETE first Vice President second Vice President JOSE FRANCISCO MERINO LÓPEZ FRANCISCO ROBERTO LORENZANA DURÁN third Vice-President fourth Vice President ROBERTO JOSÉ d'AUBUISSON MUNGUIA fifth Vice President LORENA GUADALUPE penalty MENDOZA CARMEN ELENA CALDERON Sun of step first Secretary Second Secretary SANDRA MARLENE SALGADO GARCIA JOSE RAFAEL MACHUCA ZELAYA third Secretariat fourth Secretary IRMA LOURDES PALACES VASQUEZ MARGARITA ESCOBAR fifth Secretariat sixth Secretariat RODRIGO SAMAYOA RIVAS REYNALDO ANTONIO LOPEZ CARDOZA seventh Secretary EIGHTH Secretary presidential House: San Salvador, the twenty-sixth day of July in the year two thousand twelve.
PUBLISH, CARLOS MAURICIO FUNES CARTAGENA, PRESIDENT OF THE REPUBLIC.
David Victorian Munguía Payés, Minister of Justice and security public.

6 LEGISLATIVE INDEX D. OR. No. 146 Tomo No. 396 date: August 10, 2012 JBCH/ielp 28-08-2012 reform: (1) D.L. No. 238, December 14, 2012,(Plazo para conocer y remitir procesos: 30 /jun/13) D.O. No. 240, T. 397, December 21, 2012.
SV 30/01/13