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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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DECREE NO 319
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
WHEREAS:
I.- That by Legislative Decree No. 712, dated 18 September 2008, published in the Official Journal No. 224, Volume 381 of 27 of November of the same year, the "Code of Civil and Commercial Processing" was decreed, Article 707, which entered into force on January 1, 2010, after publication in the Official Journal, and by Legislative Decree No. 220 dated December 11, 2009, published in Official Journal No. 241, Volume 385 of the Twenty-three December last year, the entry into force was extended to July 1, 2010.
II.- That the said Code during the period from the date of its publication to the present, has been the subject of serious studies and analysis by the various estates of our legal community, that is, academics, researchers, professors, judges, magistrates, litigants and lawyers in general.
III.- That as a result of this laudable intellectual legal effort, some omissions and omissions were noted in the text of the Code. It is not just a matter of fundamental rights, as well as material and typographical errors. that, as is obvious, it becomes pertinent to make the clarification of the obscure concepts and the rectification of the errors.
IV.- That according to the considered antecedents it is necessary to make the necessary reforms, in order that the corrections to be dealt with, better known by the legal community.
BY TANTO,
in use of its constitutional powers and at the initiative of the Deputies Federico Guillermo Ávila Quehl, Benito Antonio Lara Fernández, Mario Eduardo Valiente Ortiz and Maria Margarita Velado Puentes and with the support of the Diputado Ricardo Bladimir González.
DECRETA the following reforms to the Civil and Commercial Code
Art. 1.- Reform the second paragraph of Article 30 as follows:
2nd Of the special processes regulated in this Code, without prejudice to the established for the order for payment process.
Art. 2.- Intercalase in Article 31 a new number four and the current fourth becomes fifth, as follows:
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4th) Of the executive processes whose amount does not exceed twenty-five thousand colones or their equivalent in U.S. dollars of the United States.
5th) Otherwise they determine the laws.
Art. 3.- Reform the first paragraph of Article 33 as follows:
Art. 33.-The Court of domicile of the defendant shall be competent for the reason of the territory. If you do not have an address in the national territory, you will have jurisdiction in your residence.
Art. 4.- Reform article 71 like this:
Art. 71.-Except for the acts of communication, which the law requires the presence of the parties in person, the Procurator shall hear and sign those relating to his party, including the notification of judgments; and such actions shall have the same force as If the power had been directly intervened, the power could not be asked to be understood with this.
Art. 5.- Reform the third indent of Article 77 as follows:
If the plaintiff objects to the exemption of the litisconsortium, the judge shall hear the parties on this point and, if appropriate, grant the plaintiff a period of ten days for the It is, in the meantime, suspended in the course of the proceedings. After the deadline granted to the plaintiff to constitute the litisconsortium without having done so, a reasoned order will be issued to end the process.
Art. 6.- Reform the first and second numerals of Article 86 as follows:
First Communicated the death of any of the parties for whom it is to succeed, the process shall be suspended, after hearing to the contrary for the period of five days. Once both the death and the title of succession have been accredited and the relevant formalities are completed, the successor will be appointed on behalf of the deceased.
2nd When the death of a party is recorded in the process and the start of proceedings of inheritance acceptance by the person who must succeed him, and the latter will not be in the process being enabled as a representative of the succession, according to the art. 1163 of the Civil Code, it will be allowed to the contrary, to request with identification of the successors of their domicile or residence, that they are notified of the existence of the process, placing them to appear within ten days. Agreed upon and verified the notification of the deadline, the process shall be suspended until the successors appear or the period granted is terminated.
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Art.7.- Reform the second paragraph of Article 89 as follows:
The Tribunal before which the corresponding process is ventilated will send, as soon as possible, to the Registry of Commerce, in order that no writing of liquidation.
Art. 8.- Reform the item and article 93 as follows:
Competition Perpetuation
Art. 93.-Once the process has been initiated, any changes in relation to the address of the parties, the situation of the dispute and the subject matter of the proceedings will not affect the fixing of the territorial jurisdiction, which will be determined in the initial moment of the litipendens, and in accordance with the circumstances that are contained in the initial allegations.
Art. 9.- Repeal the fourth indent of Article 107.
Art. 10.- Reform the first paragraph of Article 120 as follows:
Art. 120.-Fulfilled the above actions, the Judge will dictate order in which he accepts or denies the requested in the order of accumulation.
Art. 11.- Reform article 134 as follows:
Art. 134.-The provisions on the expiry of the application shall not apply to enforcement, the actions of which may continue until the courts have been complied with, even if the process has run out of time flagged.
Art. 12.- Reform the second paragraph of Article 136 as follows:
In this case, the withdrawal will be understood in that instance and new demand may be opened.
Art. 13.- Reform the heading of Article 137 as follows:
Effects of Expiration on Second Instance.
Art. 14.- Reform the first paragraph of Article 145 as follows:
Art. 145.-The time limits laid down for the parties shall begin, for each of them, on the day following that of the notification, unless, by law or by the nature of the activity to be complied with, they have the character of common, in which case those will start running the day after the last notification.
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Art. 15.- Reform the item under item 152 as follows:
Exhorts or Letters Rogatory.
Art. 16.- Reform article 174 as follows:
Art. 174.-The resolutions delivered in the hearing will be notified to those present.
Art. 17.- Reform the third paragraph of Article 186 as follows:
It shall also be ordered, published for once, in the Official Journal, and three in a printed newspaper of daily and national circulation.
Art. 18.- Reform the numeral first of article 196 as follows:
1 Exercise the functions relating to the ordinary office in the cases of the knowledge of a Chamber of the Second Instance or the Civil Chamber of the Supreme Court of Justice.
Art. 19.- Reform the third paragraph of Article 202 as follows:
The Court will only order that a new signal be made with the repetition of the relevant citations, if it considers that the alleged impossibility is effective, and only when the presence of the disabled person is required for audience development.
Art. 20.- Reform the second paragraph of Article 211 as follows:
The hearing will resume after the cause of its interruption has disappeared.
Art. 21.- Reform the second paragraph of Article 224 as follows:
The Supreme Court of Justice shall be charged with guaranteeing the knowledge of the case-law of the Civil Chamber of the same and of the courts of second instance.
Art. 22.- Reform the final paragraph of Article 225 as follows:
The purely numerical errors may be corrected at any time in the process, even during the execution stage of the statement.
Art. 23.- Reform the first paragraph of Article 238 by the following:
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Art. 238.-The Court of Justice of the Court of Justice of the Court of Justice of the European Union must observe whether the declaration of invalidity of the judgment or of acts of development of the proceedings has been upheld or whether a declaration of invalidity has been made. insubsanable.
Art. 24.- Reform the final paragraph of article 268 as follows:
The expert test, when proceeding, shall be carried out by a single designated expert of trade. No more than five witnesses can be proposed for each part.
Art. 25.- Reform the first paragraph of article 277 as follows:
Art. 277.-If, if the complaint is filed, the Judge warns of a defect in the pretense, such as to say that his object is illegal, impossible or absurd; lack of objective or degree competence, or in the case of the procedural object, such as the litispendence, the judged, pending commitment; evidence of lack of material or essential budgets, and other similar ones, demand will be rejected without the need for prevention due to being improvised, and must explain the fundamentals of the decision.
Art. 26.- Reform the second paragraph of article 281 as follows:
The alterations or innovations that once the process has begun occur as regards the domicile of the parties, the situation of the litigious thing and the object of the process, as well as the that enter the parts or third parties in the state of things or persons, they will not modify the process class, which will be determined according to what is credited at the initial moment of the litigency.
Art. 27.- Derogase the fourth indent of Article 287.
Art. 28.- Reform the numeral first of article 314 as follows:
1 The facts admitted or stipulated by the parties.
Art. 29.- Reform the item item 321 as follows:
Load of the Test.
Art. 30.- Reform the final paragraph of article 323 as follows:
If the assurance is attempted prior to the demand interposition, the jurisdiction shall be the responsibility of the judge who is required to know the main proceedings.
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Art. 31.- Reform article 334 thus:
Art. 334.-The public instruments will be considered authentic as long as their falsehood is not proven.
Without prejudice to the provisions of International Treaties, signed and ratified by El Salvador, to make faith the public instrument, emanated from Foreign country, the signature that authorizes it must be authenticated by the Head of the Diplomatic Mission, Consul, Vice-Consul or Chargé of the Consular Affairs of the Republic, or in its defect, by the corresponding officials of the Ministry of Foreign relations from which such documents come, and the signature authorizing such (a) legalization shall also be authenticated by the Minister or Deputy Minister of Foreign Affairs of El Salvador, or by the official of the Ministry of Foreign Affairs who, by means of an Executive Agreement in the same branch, has been authorized In general terms for this purpose.
Public instruments emanating from foreign countries extended by photocopies shall also be made in faith, provided that the fidelity of such photocopies is made on the back of them and that they are have filled the formalities required by the law of the country where they have been extended. This reason must be signed by the competent official of the country from which they come, and the latter's signature, authenticated in the manner prevented in the preceding paragraph.
Whenever the Judge or Court, or the head of the governmental office where the instrument or instruments discharged into Spanish abroad, which are submitted, may be appropriate for a new version, may have their own initiative, as well as in the case of a person interested in it; and that new version in legal form by a competent judge, it will be the only one to be taken into account.
Art. 32.- Reform the first paragraph of article 336 as follows:
Art. 336.-The parties have an obligation to display the instruments in their possession and the content of which depends on the object of the process. The judge may be asked to order the exhibition of the same, so it is the penalty to be punished if he fails to comply with a fine that will be set between five and ten minimum urban wages, in force, higher.
Art. 33.- Reform the article 344 item as follows:
Personal Statement of the Own Party
Art. 34.- Reform the item item 345 as follows:
Declaration of Contracting Party
Art. 35.- Reform the second paragraph of Article 352 as follows:
The interrogation shall be performed before the Judge or Tribunal and may be attended by the other parties, unless it is impossible or that the appearance of serious harm may result, in which The parties will submit their questions in writing and the answers to the question must be precise on the facts to which the questioning relates. From the actions will be lifted minutes that will be signed by all
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the wizards.
Art. 36.- Reform the item and article 364 as follows:
Identification and Accreditation of the Witness
Art. 364.-The judge, prior to the act of the declaration, shall take the oath or promise to tell the truth. Immediately, you will give the floor to the party that would have offered it as a means of proof, which, by means of interrogation, will show your witness and identify your name, age, family status, domicile and occupation. The review will then proceed.
Art. 37.- Reform the article 388 item as follows:
Inappearance of the Perito
Art. 38.- Reform the second paragraph of Article 406 as follows:
If a witness or expert is not appearing, the Court shall decide, upon application by the party that has proposed it, on the continuation or suspension of the hearing. If he orders the suspension, he will be summoned again within ten days, with a warning to proceed against him, for disobedience to a judicial mandate if he does not appear. If the witness does not declare within the established time limit, his testimony will be rejected and will be certified to the Office of the Attorney General of the Republic.
Art. 39.- Reform article 410 as follows:
Art. 410.-Any party may lodge a dispute with the Judge or Tribunal on the conduct of the opposing party, if the party fails to cite correctly what a witness has declared during the questioning; if he behaves in a disrespectful manner with the witness or expert, or does not allow them to answer the question when their answer is in accordance with that question; or a party to comment on the witness's answers and the contrary object without foundation. The parties may formulate other qualms that they deem appropriate.
Art. 40.- Reform Article 430 as follows:
Art. 430.-The hearing shall be terminated, the judge may give judgment in the act, if appropriate. If it is not, you will have to verbally announce the ruling. In any event, it must give its judgment within 15 days of the hearing being completed. Failure to comply with this deadline will make the judge responsible for the penalty set out in Article 417 of this Code.
Art. 41.- Reform the ordinal sixth of article 457 as follows:
6th Insurance and reinsurance policies, provided that the documentation is accompanied that the claimant is up to date on his/her payments and that the insured event has been made, so as the amount of damages. The bail and reafirenchment policies, provided that the documentation is accompanied by evidence that the principal obligation has become enforceable;
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Art. 42.-Reform the first paragraph of Article 458 as follows:
Art. 458.-The executive process may be initiated when the corresponding title gives an enforceable, liquid or liquidable payment obligation, with the view of the document presented.
Art. 43.- Reform the fourth paragraph of Article 467 as follows:
If the plaintiff does not appear, the Judge shall resolve without hearing the opposition.
Art. 44.- Reform Article 469 as follows:
Art. 469.-Against the statement that will be pronounced, appeal may be brought.
Art. 45.- Reform the second paragraph of Article 472 as follows:
It shall be competent to hear from these processes the Judge of First Instance of the place where the property is located, with the exception of the lower courts.
Art. 46.- Reform the second paragraph of Article 475 as follows:
If the defendant has failed to express his opposition, it shall be issued without further formalities in order to determine the claims of the claimant, if there are sufficient elements for such an estimate. If the defendant objects to the lawsuit, the parties will be summoned to the hearing.
Art. 47.- Reform the third indent of Article 476 as follows:
Against the judgment given on appeal, no appeal will be made.
Art. 48.- Reform the second paragraph of Article 478 as follows:
It shall be competent to hear from these processes the Judge of First Instance of the place where the property is located, with the exception of the lower courts.
Art. 49.- Reform Article 479 as follows:
Art. 479.-When the termination of the contract is due to the non-payment of the lease fee, the claim to claim the amounts due may be accumulated to it.
Art. 50.- Reform the second paragraph of Article 493 as follows:
The order of payment must necessarily be made to the defendant personally, or by means of cutting in his room.
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Art. 51.- Reform the second paragraph of Article 501 as follows:
The time limits for recourse shall be counted from the day following the notification of the resolution being challenged, or the following day of notification of its clarification.
Art. 52.- Reform article 503 as follows:
Art. 503.-Decrees and non-definitive cars will admit recourse to recall, which will be resolved by the same judge who issued the contested decision.
Art. 53.- Reform the second paragraph of Article 507 as follows:
The Judge or Court shall immediately rule as appropriate, without further appeal, and the hearing shall continue its course. At the request of the interested party, it may be requested that the act of the recall attempt be recorded when it is dismissed.
Art. 54.- Reform the heading and article 508 as follows:
Appellate Decisions
Art. 508.-The sentences and the orders that, in the first instance, end the process, as well as the resolutions that the law expressly points out.
Art. 55.- Reform the first and second points of Article 513 as follows:
Art. 513.-Immediately after receipt of the appeal by the High Court, it shall examine its admissibility. If it is inadmissible, it shall reject it, expressing the grounds for its decision and condemning the person who has abused its right, to the payment of a fine of between two and five minimum urban wages, higher, in force.
To proceed with the appeal, it will proceed with recall.
Art. 56.- Reform the second paragraph of Article 514 as follows:
Both the appellant and the appellant may propose the test practice. Only documents relating to the substance of the case which contain elements of judgment necessary for the decision of the case, but only in cases where they are after the hearing or the hearing of the proceedings, shall be proposed. abbreviated; the documents prior to that moment shall be admissible where the party justifies that it has become aware of them after that party. Documentary evidence may also be proposed in the event that the party fails to provide the documents in the first instance for a fair cause.
Art. 57.- Reform the first paragraph of Article 515 as follows:
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Art. 515.-The hearing shall be concluded, the Court may give judgment immediately, if it considers it appropriate; or to terminate the hearing after the closing arguments for writing a written judgment within the period of 20 days from the date of the hearing. next to the one in which the hearing was held. In any case, it will announce the ruling verbally.
Art. 58.- Reform the first paragraph of Article 519 as follows:
1 In civil and commercial matters, judgments and orders delivered on appeal in common processes and in commercial executives whose basis document of the claim is a value title; likewise pronounced statements on appeal, in abbreviated processes, when they produce effects of substantial res judicata.
Art. 59.- Reform the first paragraph of Article 548 as follows:
Art. 548.-The defense claims will be submitted, or after the deadline for doing so without having done so, the proceedings will be given to the proceedings established for the abbreviated process.
Art. 60.- Reform article 557 like this:
Art. 557.-For the recognition of judgments, other judicial decisions and arbitration awards from abroad shall be the jurisdiction of the Civil Chamber of the Supreme Court of Justice.
Art. 61.- Reform the second and third points of Article 561 as follows:
The jurisdiction to hear the execution of duly approved and approved judicial agreements and transactions shall be the responsibility of the judge to whom the proceedings were instituted. produced the agreement or transaction. Where the agreements or transactions are made in the second instance or in an appeal, they shall be executed by the judge who first met, to which effect the file shall be returned to the lower, with the certification of the agreement or transaction and of its approval or approval.
For the execution of the arbitral awards, the Judge of First Instance who should have been aware of the dispute shall have jurisdiction if there was no arbitration.
Art. 62.- Reform Article 569 as follows:
Art. 569.-The costs and expenses incurred by the execution shall be borne by the executing party, without prejudice to the final liquidation when the execution is completed. Everything else will be in accordance with this Code.
Art. 63.- Reform the second paragraph of Article 584 as follows:
Against the order that considers the alleged grounds of opposition, an appeal may be brought; and during the substantiation the applicant shall have the right to maintain the executive measures taken in relation to the property of the executed.
Art. 64.- Reform the first paragraph of Article 585 as follows:
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Art. 585.-The executed person may object to specific executive actions that exceed or contradict the title or that violate the law, through the appeal of revocation or the appeal when it is expressly established by this Code. If the performance results in nullity, it will be set to this title as far as the limits of the execution activity are concerned.
Art. 65.- Reform the second paragraph of Article 587 as follows:
If the demand for revision is dismissed, as soon as it becomes aware of this fact, the suspension will be lifted, the execution will be ordered to continue and will be decided on borrowed caution.
Art. 66.- Reform the first paragraph of Article 598 as follows:
Art. 598.-The statement of opposition, to which the documents deemed relevant shall be accompanied, shall be submitted within five days from the date of notification of the dispatch of the execution or of the specific activity executive.
Art. 67.- Reform the second paragraph of Article 615 as follows:
If the executed opposition, the amount entered shall be deposited in the account of the Ajenos Funds in Custody. If you do not make it, the amount entered to prevent the embargo will be delivered to the executing prior settlement.
Art. 68.- Reform the first paragraph of Article 619 as follows:
Art. 619. The embargo of one thing or the right, includes all its accessories, belongings and fruits, even if they have not been expressly mentioned or described.
Art. 69.- Reform the first paragraph of Article 622 as follows:
Art. 622.-The salary, salary, pension, remuneration or its equivalent is also inembargable, as soon as it does not exceed two minimum wages, urban, higher in force.
Art. 70.- Reform article 635 like this:
Art. 635.-Except for legal exceptions, any good embargoed may be the subject of further embargoes, taking the appropriate measures for its effectiveness.
Art. 71.- Reform the second paragraph of Article 655 as follows:
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The performer must be accountable to the administration with the periodicity that the judge sets. The executed or third parties concerned may object to the settlement lodged within six days of the notification of the accounts. The discrepancy will be resolved in a hearing where the parties will be able to avail themselves of the relevant evidence.
Art. 72.- Reform the second paragraph of article 660 as follows:
The various postures in relation to the good or lot in question will be followed, which will be repeated aloud by the Judge. The auction will end with the announcement of the best posture and the name of who will formulate it.
Art. 73.- Reform the item under item 662 as follows:
Postures to Offer Pay to Plots
Art. 74.- Reform the heading of article 667 as follows:
Enajedation by Convention or Delegate Realization
Art. 75.- Reform the first paragraph of Article 688 as follows:
Art. 688.-If the obligation not to do anything prohibited, at the request of the executing person, he will be ordered to undo the fact in contravention, if possible, and to refrain from doing so again, with warning that he could incur a crime of disobedience to a judicial mandate.
Art. 76.- Reform Article 689 as follows:
Art. 689.-If the obligor did not proceed immediately to undo the fact against what must, when possible, be imposed fines, each of which will amount to twenty percent of the value that is generally attributed to the obligation, each month that elapses without undoing so, up to a limit of five times.
Art. 77.- Reform article 692 as follows:
Art. 692.-If the person executed does not fulfil the obligation to deliver generic or indeterminate things, the performer may ask to be put in possession of the items due or to replace the obligation of unfulfilled delivery by the payment of the equivalent of the its value, upon determination if necessary, or for the payment of damages that would have been caused.
Art. 78.- Reform the third indent of Article 693 as follows:
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If the item cannot be given, it will be replaced by the amount of the value of the item plus the repair of the damages that have been caused to the performer.
Art. 79.- Reform the second indent of Article 694 as follows:
In the case of possession, it shall be extended due diligence in which the launch of the occupants and the state of the building shall be recorded, with an indication of the things remaining therein, those that do not reach the title, which must be removed within the time limit that the judge points out, so that they are considered abandoned things.
Art. 80.- Reform article 702 like this:
Art. 702.-Any process shall be transmitted from lower to higher and vice versa, with express note of the foliage, classification, reference and the parties involved; and the corresponding receipt must be acknowledged in the act.
Art. 81.- This Decree shall enter into force on the same day as the Legislative Decree number 712 enters into force, dated 18 September 2008, published in the Official Journal number 224, Volume No. 381 of November 27 of the same year, which "the Civil and Commercial Code of Procedure", prior to its publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the fifteen days of the month of April of the year two thousand ten.
CIRO CRUZ ZEPEDA PENA, PRESIDENT.
OTHON SIGFRIDO REYES MORALES, GUILLERMO ANTONIO GALLEGOS NAVARRETE, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.
JOSÉ FRANCISCO MERINO LÓPEZ, ALBERTO ARMANDO ROMERO RODRÍGUEZ, THIRD VICE PRESIDENT. FOURTH VICE-PRESIDENT.
FRANCISCO ROBERTO LORENZANA DURAN, FIFTH VICE PRESIDENT.
LORENA GUADALUPE PEÑA MENDOZA, CESAR HUMBERTO GARCIA AGUILERA, FIRST SECRETARY. SECOND SECRETARY.
ELIZARDO GONZÁLEZ LOVO, ROBERTO JOSÉ D' AUBUISSON MUNGUÍA, THIRD SECRETARY. FOURTH SECRETARY.
SANDRA MARLENE SALGADO GARCIA, IRMA LOURDES PALACIOS VÁSQUEZ, FIFTH SECRETARY. SIXTH SECRETARIAT.
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MIGUEL ELIAS AHUES KARRA,
SEVENTH SECRETARY. NOTE:
In compliance with the provisions of Article 97 (3) of the Rules of Procedure of this State Authority, it is stated that this Decree was returned with observations by the President of the Republic, on 5 May of the year 2010, having been overcome by the Legislative Assembly, in Plenary Session of May 20, 2010; all in accordance with Art. 137 of the Constitution of the Republic.
Elizardo González Lovo, Third Secretary.
CASA PRESIDENTIAL: San Salvador, at the twenty-sixth day of May of the year two thousand ten.
PUBESQUIESE, Carlos Mauricio Funes Cartagena, President of the Republic.
José Manuel Melgar Henriquez, Minister of Justice and Public Security.
D. O. Nº 100 Tomo Nº 387 Date: May 31, 2010. JCH/adar. 15 -6-2010
Ngcl 19/3/12
