Key Benefits:
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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DECREE NO 712
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR
WHEREAS:
I. That the current Code of Civil Procedures was enacted on December 31, 1881, being unquestionable that each time evidence the evils of the
process inherited from the Spanish Civil Procedure Act of 1855, from which it was taken, for which it is obvious, does not satisfy the substantial rights of an early and accomplished justice referred to in Art. 182 ordinal 5 of the
Constitution;
II. That while such code has had partial reforms throughout its century-old
existence, that they have imported some advances, in truth, they have not managed to significantly accelerate the procedures and to generate a change of attitude of the operators of justice;
III. That the Justiciables with absolute reason demand a complete procedural transformation, consistent with the right to judicial protection, by virtue of the fact that the annexed code was born in a very different social and legal context to that of the century
XXI and, therefore, is inadequate for a satisfactory solution to the conflicts own of a modern and industrialized society;
IV. That the main characteristic of the regulations in question is that of being a written, slow, formal and bureaucratic process; consequently, the implementation of a code that improves the quality of the justice
civil-mercantile is imposed, incorporating a series of modern and own precepts of the oral processes, such as the predominance of the spoken word and the presence of the principles of immediacy, advertising, concentration, active function of the
judge, reduction of incidents and impeachments and free assessment of the test;
V. That in our country there have been magnificent results in terms of economy
procedural and the obtaining of real truth, through the functioning of the process by hearings in criminal procedural matters, of minors and family, which endorses the new normative in civil-commercial procedural matter and that without a doubt
will result in an indubitable benefit for the Salvadoran citizenry.
BY TANTO,
in use of their constitutional powers and at the initiative of the deputies Federico Guillermo Avila Quehl, Norman Noel Quijano González, José Antonio Almendariz Rivas, José Rafael Machuca Zelaya, José
Mauricio Quinteros Cubias, Walter Eduardo Duran and Arturo Argumedo, with the support of the Deputies Ricardo Bladimir González, Rolando Alvarenga Argueta, Luis Arturo Fernández, Oscar Abraham Kattan, Douglas Alejandro Alas García, Ruben Antonio Alvarez Fuentes, Herberth Néstor Menjivar Amaya, Irma Segunda Amaya Echeverria, Ernesto Antonio Angulo Milla, Fernando Alberto José Ávila Quetzlas, Ingrid
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Berta Maria Bendix de Barrera, Noel Abilio Bonilla Bonilla, Yohalmo Edmundo Cabrera Chacon, Carmen Elena Calderón Sol de Escalon, Oscar Enrique Carrero, José Vidal Carrillo Delgado, Carlos Alfredo
Castaneda Magana, José Ernesto Castellanos Campos, Maria Julia Castillo Rodas, Dario Alejandro Chicas Argueta, Carlos Cortez Hernandez, Luis Alberto Corvera Rivas, Jose Ricardo Cruz, Hector Miguel Antonio Dada Hirezi, María Patricia Vásquez de Amaya, Ana Vilma Castro de Cabrera, Juan Pablo Duran Escobar,
Antonio Echeverria Veliz, Omar Arturo Escobar Oviedo, Enma Julia Fabian Hernandez, Fernando Antonio Fuentes, Guillermo Antonio Gallegos Navarrete, Julio Antonio Gamero Quintanilla, Argentina García Ventura, Cesar Humberto Garcia Aguilera, Juan Garcia Melara, Manuel de Jesus Gutierrez Gutierrez, Hector Alfredo
Guzman Alvarenga, Carlos Walter Guzman Coto, José Cristóbal Hernández Ventura, Carlos Rolando Herrarte Rivas, Wilfredo Iraheta Sanabria, Jorge Alberto Jiménez, Gladis Marina Landaverde Paredes, Benito Antonio Lara Fernandez, Audelia Guadalupe Lopez de kleutgens, Hortensia Margarita Lopez Quintana, Francisco
Roberto Lorenzana Duran, Mario Marroquín Mejia, Alejandro Dagoberto Marroquín Cabrera, Manuel Orlando Quinteros Aguilar, Hugo Roger Martínez Bonilla, Marco Tulio Mejia Palma, Manuel Vicente Menjívar Esquivel, Roberto de Jesus Menjívar Rodríguez, Erick Mira Bonilla, Osmin Romeo Molina Rios, José Francisco Montejo
Núñez, María Irma Elizabeth Orellana Osorio, Ruben Orellana Mendoza, Mariella Peña Pinto, Juan Enrique Perla Ruiz, Mario Antonio Ponce Lopez, Gaspar Armando Portillo Benitez, Francisco Antonio Prudencio, Zoila Beatriz Quijada Solis, Carlos Rene Retana Martinez, Carlos Armando Reyes Ramos, Inmar Rolando
Reyes, Dolores Alberto Rivas Echeverria, Santos Adelmo Rivas Rivas, Mauricio Ernesto Rodriguez, Hipolito Baltazar Rodriguez Contreras, Abilio Orestes Rodriguez Menjívar, Ana Silvia Romero Vargas, Victoria Rosario Ruiz de Amaya, Sandra Marlene Salgado Garcia, Donato Eugenio Vaquerano Rivas and Ana Daysi Villalobos de Cruz.
DECRETA, the following:
CIVIL AND COMMERCIAL PROCEDURAL CODE
BOOK FIRST
GENERAL PROVISIONS
PRELIMINARY TITLE
PRINCIPLES OF PROCESS AND APPLICATION OF PROCEDURAL RULES
CHAPTER FIRST PROCEDURAL PRINCIPLES
Right to Jurisdiction
Art. 1.-Every subject has the right to raise his or her claim to the courts, to oppose the case already initiated, to exercise all the procedural acts that he considers appropriate for the defense of his position and to the process to be processed and decided in accordance with the constitutional regulations and the legal provisions.
Links to the Constitution, laws, and other rules
Art. 2. The judges are bound by the constitutional regulations, laws and other norms
of the legal system, without being able to ignore or disobey them.
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Any judge, at the request of a party or of its own office,
examine the constitutionality of
rules of validity in advance of the validity of any process or the basis of the decisions that they take in it; and if any of them contradicts the constitutional law, it shall declare it inapplicable in a duly motivated resolution, in which the provision of which theinapplicability is declares, the right, principle or constitutional value that is considered to be infringed and the specific reasons underlying it.
Evidence that has been obtained, directly or indirectly, with infringement of fundamental rights or freedoms, shall not take effect.
Legality principle
Art. 3.-Any process shall be dealt with before a competent judge and in accordance with the provisions of
this code, which may not be altered by any procedural subject.
The required formalities are imperative. Where the form of the procedural acts is not
expressly determined by law ", it shall be adopted which is indispensable or suitable for the purpose pursued.
Defense and contradiction principle
Art. 4.-The subject against whom the claim is directed has the right to defend itself in the process, intervening in the actions and articulating the relevant means of proof.
In any case, each party has the right to have the opportunity to state its argument and to counter the argument of the contrary, and only when the law expressly provides it, decisions can be taken
without hearing from one of the parties.
Principle of procedural equality
Art. 5. The parties shall have the same rights, charges and procedural possibilities during the process.
The limitations to equality provided for in this Code should not be applied in such a way as to create an irreparable loss of the right to judicial protection.
Device Principle
Art. 6.-The initiation of any civil or commercial process corresponds to the holder of the subjective right or legitimate interest that is discussed in the process; and the holder shall always maintain the availability of the claim.
The parties may carry out any acts of intra-procedural disposition that they deem appropriate, terminate the process unilaterally or by agreement between them and use the resolutions that are burdensome to them, in accordance with the provisions of this code.
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Input Principle
Art. 7.-The facts in which the claim is based and the opposition that is known in the process can only be introduced into the debate by the parties.
The evidentiary activity must be solely on the facts affirmed by the parties or by those who have the quality of third parties in accordance with the provisions of this code, if any;
consequently, the judge may not take into consideration a test on facts that would not have been affirmed or discussed by the parties or third parties.
The proposal of the test corresponds exclusively to the parties or third parties; however, in respect of proof that has already been duly and duly provided and controversial by the parties, the judge may order the proceedings to better provide in order to clarify some obscure or contradictory point,
in accordance with the provisions of this Code.
Orality Principle
Art. 8. In civil and commercial proceedings, the proceedings shall be carried out in a predominantly oral manner, without prejudice to the documentation, of the procedural acts to be recorded in writing and of the documentary contributions which are established in this code.
Advertising Principle
Art. 9. The hearings of all the processes provided for in this Code shall be public, unless the judge, on its own initiative or at the request of a party, has the contrary for reasons of national security, moral or public order, or protection of the privacy of any of the parties.
The restriction of the advertising of the hearings must be agreed upon in a duly motivated resolution, in which the reasons for such restriction are expressed in an express and clear manner, as well as the
determination of who, in addition to the parties, their proxies or representatives, may be present in the same.
The parties, their proxies, representatives, lawyers and anyone else who claims any legally protected interest will have access to the judicial file.
Start-up Principle
Art. 10.-The judge must personally preside both the holding of hearings and the practice
of the probative means, the delegation of such presence being expressly prohibited, under penalty of insubsainable nullity; except when the evidentiary diligence must be carried out outside the district of the court, in which case the judge may entrust it with a procedural commission, and the judge will have the judge
to preside over the practice of the same.
Concentration Principle
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Art. 11.-The procedural acts shall be carried out with the greatest temporal proximity between them, and the judge shall concentrate in the same session all the acts that it is possible to carry out; likewise, it shall endeavour
to decide in the same resolution all the outstanding points.
If a hearing requiesces from a session, it will take place in subsequent days until
darlato be completed, and the judge may order the same to continue on non-working days.
Obligation to collaborate
Art. 12. Every person or authority is in the obligation to collaborate with justice, when they are required to do so. Consequently, whoever refuses to collaborate will be imposed a fine whose
amount, according to the gravity of the case, will be set between five and ten minimum wages, in force. If the fact is a criminal offence, the judge shall certify the conduct of the Office of the Prosecutor General of the Republic.
Principle of truthfulness, loyalty, good faith and procedural probity
Art. 13.-The parties, their representatives, their lawyers and, in general, any participants in the
process, must act with truthfulness, loyalty, good faith and procedural probity.
The judge will seek to prevent any conduct involving illicit activity or to create undue delay in the process.
The violation of the obligations of truthfulness, loyalty, good faith and procedural probity will be punished with a conviction in costs, and with the compensation of the damages that the
infringer would have caused; without prejudice, that the judge refers to the Section of Professional Investigation of the Supreme Court of Justice the respective certification on the conduct of the lawyers interveners.
If the offence is constitutive of the crime of falsehood, the judge will certify that it leads to the Office of the Prosecutor General of the Republic.
Process Management and Management Principle
Art. 14.-The direction of the process is entrusted to the judge, who will exercise it according to the
established in this code. Consequently, it must lead the proceedings by the procedural path ordered by the law, however the party will incur in error.
Initiate the process, the judge will advance its processing, providing appropriate and appropriate actions to avoid its cessation, bringing forward its processing as quickly as possible; therefore, it will be responsible for the management of the process, as well as for any delay caused by its
negligence.
Obligation to resolve
Art. 15. The judge may not, under any pretext, cease to resolve, postpone, delay or deny the decision of the questions discussed in the proceedings.
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Failure to comply with the obligations contained in this Code shall be sanctioned in accordance with the provisions of the Judicial Organic Law.
Principle of gratuitousness of justice
Art. 16. Everyone has the right to be given justice for free.
CHAPTER SECOND RULES FOR APPLICATION OF PROCEDURAL RULES
Code Application Material
Art. 17.-Civil and commercial processes and procedures shall be processed in accordance with the provisions
this codewithout prejudice to international treaties.
Non-contentious judicial proceedings shall be dealt with in accordance with the provisions of the respective law
matter; in the absence of a procedure the provisions of the abbreviated process shall apply, in so far as they are applicable.
Interpretation of procedural provisions
Art. 18.-The provisions of this Code shall be interpreted in such a way as to ensure the protection and effectiveness of the rights of persons and the achievement of the purposes enshrined in the
in compliance with the principle of legality. Consequently, the judge must avoid ritualism and interpretations that make the effectiveness of the right to purely formal aspects.
Integrating procedural rules
Art. 19.-In the case of a legal vacuum, the regulation and the foundations of the norms should be applied
that govern analogous situations, the constitutional regulations and the principles that derive from this code, the legal doctrine, the doctrine of the exhibitors of the right; and, in the absence of all this, considerations of good sense and natural reason, attended to the circumstances of the case.
Code-supplying application
Art. 20.-In the absence of specific provisions in the laws governing processes other than civil and commercial, the rules of this code will be applied in an extra way.
TITLE FIRST JURISDICTION AND JURISDICTION OF THE COURTS
CHAPTER FIRST JURISDICTION
Exclusive jurisdiction of Salvadoran civil and commercial courts
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Art. 21.-The Salvadoran civil and commercial courts are competent to learn about the different kinds of processes in the following cases:
1 In the field of real rights and leases of real estate in El
Salvador.
2. In the case of the constitution, validity, nullity or dissolution of legal persons
having domicile in El Salvador, or of the decisions of its organs.
3º When the claim relates to the validity or nullity of inscriptions practiced in a
Salvadoran public record.
All without prejudice to the provisions of the treaties in force in El Salvador.
Other assumptions of jurisdiction of the Salvadoran courts
Art. 22.-In addition to the cases of the previous article, the Salvadoran courts will be able to know:
1. Where the parties have expressly or tacitly submitted to them;
2. When the defendant, whatever his nationality, has domicile or residence in El Salvador. The foreign legal person with agency, subsidiary or branch in the country will be in this situation, in respect of the acts and contracts concluded by means
of these;
3rd. When the obligation must be fulfilled in the country; and
4th. Where the claim is based on a fact, act or legal business that occurred, concluded or with effect on the national territory.
Jurisdiction Abstention
Art. 23.-The Salvadoran civil and commercial courts shall refrain from knowing the matters submitted to them if any of the following circumstances arise in such cases:
1. When a request has been made or requested to be carried out in respect of subjects or property that enjoy immunity from jurisdiction in accordance with the rules of International Law.
2When, under a treaty in force in El Salvador, the case is attributed exclusively to the jurisdiction of another State.
3º When the subject does not come to you in accordance with the provisions of the previous article.
Review of lack of jurisdiction
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Art. 24.-The court will examine its jurisdiction and, if it understands that it lacks it, it will declare it improgable and end the process.
If such defect is warned until later procedural steps, either ex officio or at the request of
party, the abstention will be agreed upon appointment of all the parties personated for a hearing within five days of the notification, with suspension of the procedure; however, when the party has not asked for it in its first intervention, the allegation will not take the suspensory effect to
that has been referenced.
Effects of jurisdiction complaint
Art. 25.-The suspension of the procedure produced by the allegation of lack of jurisdiction shall not prevent the court hearing the claim from practising, at the request of a party, any action
of evidence and take the precautionary measures which it considers necessary to avoid irreparable damage which may cause the plaintiff to suspend the proceedings.
CHAPTER SECOND COMPETITION AND PREJUDICIALITY
Competition Unavailability
Art. 26.-Competition, as a general rule, is unavailable; except for the reason of the territory according to the rules established in this code.
Full Court of Justice Competition
Art. 27.-The Supreme Court in Full Court will know:
1st of the abstentions and recusal as provided in this code;
2nd of the appeal when the Civil Chamber has known on appeal, with the exclusion of the magistrates that make up the said room;
3rd of the conflicts of competence; and
4th of the other matters that determine the laws.
Competition of the Civil Court of the Supreme Court of Justice
Art.28.-The Civil Court of the Supreme Court of Justice will know:
1. Of the exequatur processes; ** DECLARED UNCONSTITUTIONAL
2nd of the appeal;
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3º Of the appeal when the second instance chambers have known in the first instance;
4th of the review of firm statements; and
5th of the other matters that determine the laws.
Second instance camera competition
Art. 29.-Second instance chambers will know:
1st of the appeal;
2nd of the claims against the State; and
3rd of the other matters that determine the laws.
First Instance Courts Competition
Art. 30.-The courts of first instance will know:
1 of the common process;
2nd OF THE SPECIAL PROCESSES REGULATED IN THIS CODE, WITHOUT PREJUDICE TO THE
ESTABLISHED FOR THE ORDER FOR PAYMENT; (1)
3rd of the enforced execution, as provided for in this code;
4th of the other matters that determine the laws of the Republic.
You will also be aware of the court of first instance of the abbreviated processes and of the order for payment orders in those constituencies where there is no court of first instance of the smallest amount.
Lower-value first instance court jurisdiction
Art. 31.-The courts of first instance of lesser amounts will know:
1st of the abbreviated process;
2nd of the monitoring processes;
3rd of the enforced execution, as provided for in this code;
4th OF THE EXECUTIVE PROCESSES WHOSE VALUE DOES NOT EXCEED THE TWENTY-FIVE THOUSAND COLONES OR THEIR EQUIVALENT IN DOLLARS OF THE UNITED STATES OF AMERICA;
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and (1)
5TH OF THE OTHER THAT DETERMINE THE LAWS. (1)
Peace Courts Competition
Art. 32.-The peace courts shall know of the acts of conciliation, in accordance with the rules laid down in this code.
Territorial Competition
Art. 33.-THE COURT OF DOMICILE OF THE
DEFENDANT SHALL BE COMPETENT FOR THE TERRITORY. IF HE DOES NOT HAVE AN ADDRESS IN THE NATIONAL TERRITORY, HE SHALL HAVE JURISDICTION IN HIS RESIDENCE. (1)
The Judge to whose jurisdiction the parties have submitted by means of instruments is also competent.
When the defendant does not have an address or residence in El Salvador, he may be
in the place where he is located within the national territory or in the territory of his last residence in the country, and, if that is not the case, in the courts with jurisdiction in civil and commercial matters in the capital of the Republic.
Determining your address to attribute territorial competence
Art. 34.-The traders and those who carry out any activity of a professional nature, when referring to conflicts related to their work, may also be sued in the place where it is being developed or developed, and where those have established their position.
In the same cases as in the previous paragraph, the court of the place where the legal situation or relationship to which the process relates has been born or must have effects shall also be competent.
The court of domicile of the managers or the place where they conduct their business shall be the competent authority when the defendant is an entity.
Territorial competition in special cases
Art. 35.-In the proceedings in which claims are raised concerning the rights of the royal, the court of the place where the matter is situated shall also be competent; however, if the claim is exercised on several things or on a single building which is situated in different jurisdictions, the court of the place where any of those, or that of any of the constituencies to which the building belongs, shall be competent
.
The same rule in the previous paragraph will be applied in the lease processes.
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In processes on hereditary issues, the court of the place where the deceased has had his last address in the national territory shall have jurisdiction.
In the process of accountability, the court of the place where such accounts are to be filed shall also be competent, and if the latter is not determined, that of the plaintiff's domicile,
the power or owner of the goods or the place where the administration is performed.
In the claims about ancillary obligations or that are in addition to other obligations, it will be
competent the court that is to know, or is aware, of the principal obligation upon which they are to recayerren.
Territorial competition in accumulation and plurality of defendants
Art. 36.-When several claims are jointly raised in relation to one or more
persons, the court of the place corresponding to the claim which is the basis of the other persons shall have jurisdiction; in the absence thereof, he who must know of the greatest number of the claims accumulated and, ultimately, that of the place corresponding to the claim of the highest amount.
When a single claim is made to persons of different domicile, the claim may be filed with the court competent for any of them.
Objective competition
Art.37.-The amount and the subject matter will determine the objective jurisdiction of a court.
Functional Competence
Art. 38. The court competent to hear a case shall also be responsible for hearing the incidents arising out of it and for the purpose of carrying out its decisions, without prejudice to the provisions for the execution of the judgments.
Degree proficiency when the State is part
Art. 39.-In the processes in which the State is sued, the Chambers of the Second Instance of the Capital shall be competent to hear in the first instance; and, in the second instance, it shall know the respective Chamber of the Supreme Court of Justice.
The municipalities, the Salvadoran Social Security Institute and decentralized state entities will be sued in the common courts.
Competition craft review
Art. 40.-The court shall examine its jurisdiction of its own motion and, if it considers that it lacks it, shall reject the application for an improlique, and shall refer the case to the court it considers competent.
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Denunciating lack of competence
Art. 41. The lack of competition must be brought before the same court as it is aware of the claim.
Except in the case of incompetence for the reason of the territory, the lack of competence can be alleged in any state of the process, accompanying the documents that can serve as proof. The allegation will be filed, the process will be suspended, the other parties will be notified and all
will be quoted for a hearing within five days of the notification, in which they will manifest what they consider to be appropriate and will practice the test that in the act they provide and the judge admits.
Where the lack of competence has not been alleged at the first appropriate procedural time, the same shall not have the effect of suspending the course of the proceedings.
Reporting of lack of territorial competence
Art. 42.-The lack of territorial jurisdiction can only be alleged within the time limit for
to answer the claim, without answering it, and the court must be indicated to which, because it is considered territorially competent, the file should be submitted.
The plaintiff, for his part, may, in addition to holding the competition he is aware of,
plead the lack of territorial jurisdiction of the court in favor of which the knowledge of the matter is intended to decline.
The approach of incompetence will be substantiated in accordance with the provisions of the previous article.
tacit Submission
Art. 43.-If the judge has not appreciated his lack of jurisdiction for the reason of the territory, or if the defendant does not denounce it in accordance with the previous article, the court will be definitively
competent to know of the claim.
Effects of the competition complaint
Art. 44.-The suspension of the procedure produced by the allegation of lack of competence, in the cases in which it proceeds, shall not prevent the court of law from which it is aware of the claim to practice, at the instance
, any action of assurance of proof and take the precautionary measures which it considers necessary in order to avoid irreparable damage which may cause the plaintiff to suspend the proceedings.
Decision on lack of competence
Art. 45.-If the court considers that it lacks objective competence or demoted, it shall reject the application for an impro-factually ending the process, indicating to the parties the competent to know. S i lacks functional competence, will reject the incidental matter by expressing the fundamentals of its decision and will continue with the main process with the imposition of the coasts to the party that has it
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raised.
Against the orders referred to in this Article, an appeal may be brought and, where appropriate, an appeal.
Decision on lack of territorial competence
Art. 46.-If the judge considers that he has no territorial jurisdiction, he shall declare the application to be improvient
in the state in which he is located and shall refrain from further knowledge of the case, referring the case to which he considers competent. No recourse shall be brought against this resolution.
If the complaint of territorial jurisdiction is dismissed, the continuation of the process with the imposition of the costs will be ordered from the party that has raised it.
Competition conflict
Art.47.-The court that receives the file, if you consider it to be incompetent, will
declare it.
In this case, you must refer the file to the Supreme Court, which will decide the court to which you are aware of the case, as well as the submission of the file and the appeal to the
parties to appear before the court within the next five days.
Prejudiciality
Art. 48.-When in a civil or commercial process, a fact that appears as a crime or a failure to take place in criminal proceedings is revealed, the respective court, by resolution,
shall make it known to the Attorney General of the Republic, in case of the exercise of such action.
In such a case, the suspension of the proceedings of the proceedings will not be ordered, but when the following circumstances are present:
1 That the existence of a criminal case, in which they are being investigated, be established as facts of a criminal appearance, some or some of which are based on the claims of the parties in the respective process; and,
2. That the decision of the criminal court, concerning the fact that it is derived from that nature, may have a decisive influence on the resolution on the civil case or
mercantile.
The suspension in question will be remembered, by auto, after the process is pending
only for statement.
However, the suspension that is motivated by the possible existence of a crime of falsehood of any of the documents provided, will be agreed, without waiting for the conclusion of the procedure, as
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soon as it is established that criminal proceedings are still under way on that crime, when, in the court's judgment, the document could be decisive in resolving the merits of the case.
In the case referred to in the previous paragraph, the suspension or the end of the one that would have been agreed will not be agreed upon, if the party to which the document could favor will renounce it. Given the resignation, it will
order the document to be separated from the cars.
The suspensions referred to in this article will end when it is credited that the criminal trial
is over, or that it is paralyzed for reason that it has prevented its normal continuation.
If the criminal cause of a document to be untruthful is in accordance with a complaint or complaint by one of
the parties and shall terminate by resolution in which the document is declared authentic or its falsehood has not been proven, the party to whom the suspension of the civil or commercial process has been prejudiced, may request in this compensation damages, in accordance with the provisions of this code.
Resources against the resolution on suspension of criminal proceedings
Art. 49.-Against the decision rejecting the suspension of the civil or commercial case, a recall may be brought. The application for suspension may, however, be reproduced during the second instance and, where appropriate, during the processing of the relevant resources.
Against the order that the suspension agrees will be appealed, and against the orders issued on appeal in which it is agreed or confirmed the suspension will be given, if any, the appeal.
Cases of exception and effects of statements
Art. 50.- The suspensions of the above articles will not take place when the
criminal orders require the case to be settled in the civil or commercial way, so the respective judge will take the matter to completion.
The sentences handed down in criminal proceedings will not produce effects of res judicata in the civil or commercial, except that the law expresses the contrary.
The sentences handed down by the civil and commercial courts will not produce effects of res judicata in other judicial offices, unless otherwise stated.
Civil or merchant prejudiciality
Art. 51.-When it is necessary to decide on the subject matter of the dispute on the subject of the dispute
which, in turn, constitutes the main object of another process pending before the same civil or commercial court or a different one, if the accumulation of orders is not possible, the court, at the request of both parties or one of them, shall, by order of three days,
the suspension of the course of the proceedings, in the state in which they are held, until the end of the proceedings for the preliminary ruling.
Against the car that denies the request for a recall appeal; and against the car you agree to
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the suspension, the appeal.
THIRD ABSTENTION AND RECUSAL
Abstention and recusal
Art. 52.-Judges or magistrates shall refrain from hearing a case where they are
liable to endanger their impartiality by virtue of their relations with the parties, the lawyers attending or representing them, the litigious object, for having an interest in the matter or in such a case, as well as for any other serious, reasonable and verifiable circumstance that may call into question their
impartiality in relation to the parties or the society.
If you do not abstain, either party will be able to raise the challenge at the first time
in which you have an opportunity to do so; and if you do not do so then, you will not be given a course. If the grounds for recusal have arisen after or were unknown to the recant, it may be subsequently considered before the sentencing, but these circumstances will have to be credited
in sufficient form.
The recusal must be processed with a preferential character, and all causes of recusal that exist at the time of promoting it if known,
will have to be accumulated in the same incident,
rejecting those that arise later.
The parties may not be able to break into the effect that the judge or magistrate who has stated
is aware of the intention to refrain from hearing the case.
Abstention. Competence and Fulfillment
Art. 53.-When a judge or magistrate considers that there is any reason for abstention, it will make the court aware of the fact that the court is hierarchically superior by a reasoned letter, so that
declares whether or not it is appropriate to abstain from the case.
In the case of a magistrate of the Civil Chamber, you will make the concurrency of the motive known
from abstention to the Chamber in a reasoned written form, for the purposes stated in the previous paragraph. When the majority or all the magistrates who make up the room are abstaining, the knowledge and decision will be the responsibility of the Supreme Court of Justice in plenary.
Abstention will be resolved without further processing, without it being necessary to provide proof.
Recusing. Competence
Art. 54.-The court competent to substantiate and resolve the challenges will be the
that ishierarchically superior to that to which the recusal belongs, except in the case of the magistrates of the Civil Court of the Supreme Court of Justice.
When it comes to the recusal of the magistrates of the Civil Hall, the competent court
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to know and resolve about it will be that Chamber; and if it is the majority of the magistrates or all of them the recused, the knowledge and decision will be up to the Court in plenary.
Recusing. Fulfillment
Art. 55.-The challenge must be presented to the court that is aware of the process, expressing the facts on which it is based and accompanying the relevant evidence.
Raised the challenge, the judge or magistrate recused to hear the parties during the three-day common deadline. After the expiry of the period, it shall immediately forward any act to the court responsible for processing it, accompanied by a report on the cause of the alleged challenge.
recusal will be decided without further formalities.
Raised the recusal of a magistrate of the Civil Chamber, after hearing the parties for the common three-day deadline, will be heard and will be decided without further formalities.
Effects
Art. 56.-The writings by means of which the abstention or recusal is raised do not produce the effect of inhibiting the knowledge or intervention to the corresponding judge, but from the day on which
is made aware of the resolution that declares it separate from the knowledge or intervention in the matter; however, it will not be able to pronounce final resolution in the process or resort while the recusal or abstention, penalty of nullity.
Decision
Art. 57.-Provided that there is a declaration that there is no abstention or recusal, the judge shall be separated from the knowledge of the case, and the court which is aware of the incident shall appoint the court to which it is required to supply him in accordance with the law.
When it is declared that there is no place of abstention or recusal due to lack of merit or proof, the judge may continue with the process without the limitation set forth in the previous article, and shall be ordered
pay the costs of the recusal, if any.
Of the resolutions that will be dictated in accordance with this chapter, there will be no resources.
TITLE SECOND PROCEDURAL PARTS
CHAPTER FIRST CAPACITY AND LEGITIMIZATION
Process Parts
Art. 58.-The plaintiff, the defendant, and those who may suffer the
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material effects of the res judicata.
In the civil and commercial processes you can be a part:
1.
2nd The conceived unborn, for all the effects that are favorable to him.
3rd Legal persons.
4th The heritage masses or separate assets that are temporarily lacking
headline.
5th In quality of demand the unions and entities that, without having met the requirements
legally established to constitute legal persons, act in the legal traffic.
Physical people's procedural capacity
Art. 59.-Those who enjoy the full exercise of their rights may be validly involved in the proceedings.
Those who are not in full use of their individual rights will be able to appear on their own whenever they have the proper authorization, assistance, or enablement that the law establishes in each case.
For those who are not in that situation as referred to in the previous paragraph, they will appear to be the ones who must supply their incapacity under the law.
Integrating procedural capacity
Art. 60.-When the natural person is not in the full enjoyment of his or her individual rights and there is no legal representation or attendance to appear in the process, the judge will inform the Attorney General of the Republic, who will assume the representation of the Attorney General until the appointment of
judicial ombudsmanIn any case, the process will be suspended until the intervention of the representative of the Attorney General is recorded.
The same will be done by the judge when the unable to sue his legal representative, or be sued by him, or when he warns of a conflict of interest between the incapable and his legal representative.
Legal capacity of legal persons
Art. 61.-They shall have a procedural capacity all legal persons constituted by the legally established requirements and conditions for obtaining legal personality.
Legal persons will appear and act in the process of their
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conformism to the law.
Appearance of entities and non-personality unions
Art. 62.-Non-personality entities and unions will appear and act through those who
appear as their directors, managers or administrators, or those who are legally available to them, or who in fact act in the legal traffic on their behalf against third parties.
They will not be able to denounce their lack of capacity to be a party when they have recognized this capacity in the material legal relationship debated or in the process, since it would be to violate the principle that no one can go against their own acts.
If one or more of the members of a non-personality entity were not known, all of them could be found in the person of the acquaintance.
Representation of foreign legal persons
Art. 63. Foreign legal persons, their branches, agencies or delegations, which carry out activities in El Salvador, shall be subject to the same requirements of representation as national law, except international convention or legal provision to the contrary.
State intervention as a procedural part
Art. 64.-When the State intervenes in a civil or commercial process, whatever the qualification or procedural location assigned to it, it shall be submitted to the Judicial Body, without more privileges than those expressly stated in the Constitution and in this Code.
Appreciation and reporting of the capacity falta;
Art. 65.-The parties have the burden of crediting their procedural capacity.
The lack of capacity to be a party may be appreciated by the court at any time
time of the process or may be denounced as an incidental matter. The inability to be a part is insubsable.
The procedural incapacity is subsable in the preparatory hearing or in the hearing of the abbreviated procedure, after which it can be denounced by the promotion of an incidental question.
Legitimation
Art.66.-They will have legitimization to intervene as part of a process the holders of a right or a legally recognized interest in relation to the pretense.
Legitimization will also be recognized for people to whom the law expressly allows to act
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in the process for rights and interests of non-holders.
CHAPTER SECOND NOMINATION
Preceptively Postulation by Representative
Art. 67.-In civil and commercial processes, the appearance by means of
attorney general will be mandatory,appointment that will have to be placed on a lawyer of the Republic, without whose contest will not be dealt with the process.
Cannot exercise the procurement:
1 The pastors or priests of any cult;
2nd Military in active service;
3rd Public servants and employees, who work full time, except when procuring by the entity to which they belong or exercise teaching at the University of El Salvador;
4th Presidents and other representatives, including the legal advisors of the credit institutions, financial institutions and auxiliary organizations, except in matters of their own institutions; and
prohibit the prosecution.
Modes of granting the proxy
Art. 68. The power to litigate must be granted by public deed.
Power
Art. 69.-The power shall be understood as a general rule and shall cover the entire process, with its authorities and resources, from the preliminary acts to the execution; and it shall empower the prosecutor to perform validly, in the name of his power, all the procedural acts understood, in the processing of the proceedings.
However, special power will be required in cases where the laws so require and for the conduct of the acts of provision of the rights and interests protected by the law. In particular,
special power is required to receive sites, as well as for the waiver, transaction, withdrawal, break-in, and performances that will result in the anticipated completion of the process.
The granting of special powers is governed by the principle of literality and the existence of special powers not explicitly conferred is presumed.
Acceptance of Power
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Art. 70. Power is presumed to be accepted for its exercise. From its acceptance, the prosecutor must provide the legal advice and defense to the party in the process and represent it in the
carrying out the various procedural acts, acting in the name and on behalf of the party, except when they are to be carried out personally by the party.
Attorney's Duties
Art. 71.-EXCEPT FOR THE ACTS OF COMMUNICATION, WHICH THE LAW REQUIRES THE PRESENCE
OF THE PARTIES IN PERSON, THE ATTORNEY GENERAL SHALL HEAR AND SIGN THOSE WHO REFER TO HIS PARTY, INCLUDING THE NOTIFICATION OF SENTENCES; AND SUCH ACTIONS SHALL HAVE THE SAME FORCE AS IF THE POWER WAS DIRECTLY INTERVENED, WITHOUT THE POSSIBILITY OF REQUESTING THAT
BE UNDERSTOOD WITH IT. (1)
Replacing and delegation of power
Art. 72. The proxy may substitute its powers or delegate them, provided that it is expressly authorized to do so. The substitution implies the cessation of the representation without the possibility of
reassume it; the delegation empowers the delegate to revoke it and to resume the representation.
The performance of the proxy or proxy proxy forces the represented party to the limits of the powers conferred.
Cese of representation
Art.73.-Cesara the prosecutor in his representation:
1 For the express or tacit revocation of power, after the record in the process.
It will be tacitly understood to be the power by the subsequent appointment of another prosecutor who has been personified in the process.
2nd By voluntary resignation or by ceasing in the exercise of the profession. The procurator may not leave the representation before the appointment of another is provided within ten days. After these have not been designated a new prosecutor, it will be
will have you for definitely part of the representation, and the process will follow its course, and must carry out the communications by edict.
3rd By death of the migherant, in which case shall the attorney be obliged to put the fact in the knowledge of the judge, crediting in form the death; and, if I do not present new power of the causeholders of the finado, the provisions for the succession will be set up
.
4th On the death of the prosecutor, in which case the power of death will be known,
in order to appoint a new prosecutor within ten days. The same shall be done when the prosecutor is punished with the suspension in the professional year.
5th To separate the power of the pretense or resistance that you have formulated
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and, in any case, for having terminated the matter or having performed the act for which the power was granted.
6th Due to the deadline for which power was granted.
Official Procuration
Art. 74.-One can appear on behalf of the one who is not represented
judicial, provided that the person who appears to be prevented from doing so himself, is absent from the country, has reasons of fear or threat, or when it is a situation of emergency or imminent danger or there is any analogous cause and the
existence of representative with sufficient power.
When the contrarian party asks, the prosecutor must give sufficient assurance at the discretion of the judge
that his management will be ratified by the attorney, within two months of the appearance of that person.
Sino will be ratified, the process will be declared complete and the prosecutor will be able to condemn the payment of damages, as well as to the coasts, provided that, at the discretion of the judge, the officious intervention has been manifestly unjustified or reckless.
Ratification must be done purely and simply, partial or conditional ratification is void. The ratification has retroactive effect to the date of appearance of the prosecutor, without
prejudice to the right of third parties.
The ratification of the prosecution is presumed to be absolute when the person concerned appears
on its own or duly represented and does not expressly reject the action of the prosecutor.
Procuration for people with scarce resources
Art. 75.-All those who lack sufficient economic resources will be defended and represented free of charge in the process through the Attorney General's Office, and will be
exempt from the constitution of the deposits and consignations that the law can establish.
THIRD CHAPTER
PLURALITY OF PARTS
Required Litisconsortium
Art. 76.-When a legal relationship between persons belongs to several persons, so that the sentence will extend its effects to all of them, they must sue or be sued in a way
.
In these cases the acts of disposition on the claim will only be valid if they are carried out by all the litisconortes.
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The procedural acts of the active litisconsort affect the inactive to the extent that they benefit them.
Lack of litisconsortium exception
Art.77.-The lack of litisconsortium may be warned by the defendant in the response to the claim.
In such cases, the plaintiff may present a written application in the preparatory hearing, in the same terms as the one initially filed, directed against those who had to be sued, in which case the judge, if he considers the lack of a litisconsortium, will send them to
to answerrequest, suspending the hearing.
IF THE CLAIMANT OBJECTS TO THE EXCEPTION OF LITISCONSORTIUM, THE JUDGE WILL HEAR THE
PARTIES ON THIS POINT AND, IF APPROPRIATE, WILL GRANT THE COMPLAINANT A PERIOD OF TEN DAYS TO CONSTITUTE IT, IN THE MEANTIME, IN ABEYANCE THE COURSE OF THE PROCEEDINGS. AFTER THE DEADLINE GIVEN TO THE COMPLAINANT TO CONSTITUTE THE
LITISCONSORTIUM WITHOUT HAVING DONE SO, A REASONED ORDER WILL BE ISSUED TO END THE PROCESS. (1)
If you consider it to be an impromability, you will have to dictate a reasoned resolution on the denial of the
litisconsortium.
Litisconsortium in case of nullity of legal acts
Art. 78.-Where the declaration of invalidity of an act, agreement or legal business affecting a plurality of persons is sought, it shall be sufficient for the application to be made only by one of them, but
shall be directed against all other material parts of the act, agreement or legal business or the entity that has adopted the agreement.
If any of the material parts of the act, agreement or legal business were in conformity with the intended nullity and for the same cause, it shall be held by plaintiff for all intents and purposes, without the need to file any request.
If you are in agreement with the nullity but for a different reason, you will present the corresponding claim within the time allowed to answer, from which the other defendants will be transferred to
that can formulate the appropriate response, with the suspension of the deadline for the celebration of the preparatory hearing.
S i several want to present their claim for nullity, they will have to do it in the same process, and if they do in different processes the accumulation will be decreed.
Integrating the litisconsortium
Art. 79.-The litisconsortium may be integrated with the intervention of the legitimized at any time of the process, and should have since then on the part, for all intents and purposes, without going back
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in the course of the proceedings, except that it would have been placed on it.
The request for intervention will be given to all parties who are in person for three days, so that they can manifest what they are right to do, then decide the judge.
Volunteer Litisconsortium
Art. 80. Several persons may appear in the process, either as plaintiffs or as
defendants, when the pretentions that are exercised come from the same title or cause to ask for the rules on the accumulation of claims.
In this case litisconortes will be considered as independent subjects. The acts of each of the parties do not favour or harm the others, but they do not therefore affect the unity of the process.
Adjuvant Procedural Intervention
Art. 81.-As long as a process is pending, it may be admitted as an intervener
of the plaintiff or defendant who accredits having an interest and legitimizes the outcome of the process, and provided that such interest is related to subordination or dependence with the principal in dispute.
If the request for intervention has not been brought out of hand, the judge will give the hearing to all the parties personated, for three days, without suspending the course of the proceedings, so that they can
express what is right for them; and the judge will decide next. The decision to admit the intervention is not subject to appeal; the decision may be appealed on appeal, which will be accepted in a single effect.
Adjuvant Procedural
Art. 82.-If the intervention is accepted, the action shall not be taken back in the course of action and the intervener shall be incorporated in the process in the state in which he is speaking.
The intervener will limit his procedural action to the defense of his position, and will allow the necessary arguments for his defense, which he could not have presented for the moment to correspond to the moments prior to his admission in the process, without affecting the object of the process, nor the obligation
juridical of congruence. In any event, the other parties shall be heard of such allegations, for a period of three days.
The intervener shall be granted the right to appeal the judgment, but in no case may it act against the party to which it assists, or make acts of provision of its right.
Prompted intervention or complaint of plaintiff's litis
Art. 83.-In the event that the law allows the plaintiff to call a third party to intervene in the process without the quality of the defendant, by having a link, obligation or responsibility respect of the
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object of the process, the request for intervention shall be made in the application, unless otherwise expressly provided by law. Admitted by the court the entry into the process of the third party, this
will have the same powers of action that the law grants to the parties.
Provoked intervention or complaint of respondent's litiss
Art. 84.-When the law allows the defendant to call a third party to intervene in the proceedings, to have a link, obligation or responsibility in respect of the object of the process, request the judge,
within the period granted to answer to the request, that the third party be notified of the pendency of the process, while the period granted for the response is suspended in the meantime.
From the request for action filed by the defendant, the plaintiff will be heard for three days and the proceedings will be resolved.
If the notification is agreed, the third party will be placed to respond to the complaint in the same manner and in identical terms as those established for the defendant's placement.
If, as the third party has appeared, the defendant will consider that his place in the process must be occupied by him, he shall proceed in accordance with the provisions of the procedural succession.
Dismissed the request for intervention, answered the request by the third party or after the
deadline for this, the respondent must answer the request in the time it would have been restored.
Procuration in case of plurality of subjects
Art. 85.-Outside the case provided for in Article 80, where the position of the party is occupied by a plurality of subjects, a common representation shall be required when they make use of the same
allegations or exceptions, except that it may be caused to some of them.
CHAPTER FOURTH
PROCEDURAL SUCCESSION
Procedural Succession by Death
Art. 86.-When, by reason of death, whatever the object of the process is transmitted, the person or persons who succeed the deceased may continue to occupy the same procedural position as their causative,
for all purposes.
When the death of one of the parties is recorded in the process, the procedures will be followed according to
the case:
1st COMMUNICATED THE DEATH OF ANY OF THE PARTIES BY WHOM
SUCCEED, THE PROCESS WILL BE SUSPENDED, AFTER HEARING TO THE CONTRARY FOR THE PERIOD OF FIVE DAYS. ONCE THE DEATH IS ACCREDITED AND THE TITLE HAS BEEN COMPLETED AND THE RELEVANT FORMALITIES ARE COMPLETED, THE SUCCESSOR WILL BE APPOINTED ON BEHALF OF THE DECEASED. (1)
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2ND WHEN THE DEATH OF A PARTY IS RECORDED IN THE PROCESS AND THE COMMENCEMENT OF THE PROCEEDINGS OF ACCEPTANCE OF INHERITANCE BY WHOM IT IS TO SUCCEED, AND THIS
SHALL NOT BE HELD IN THE PROCESS BEING ENABLED AS A REPRESENTATIVE OF THE SUCCESSION, IN ACCORDANCE WITH ARTICLE 1163 OF THE CIVIL CODE, SHALL BE PERMITTED TO THE CONTRARY, TO REQUEST WITH THE IDENTIFICATION OF THE SUCCESSORS OF ITS DOMICILE OR
RESIDENCE, TO BE NOTIFIED OF THE EXISTENCE OF THE PROCESS, TO APPEAR WITHIN TEN DAYS. AGREED UPON AND VERIFIED THE NOTICE OF THE STATED DEADLINE, THE PROCESS WILL BE SUSPENDED UNTIL
SUCCESSORS ARE COMPARED OR THE PERIOD GRANTED. (1)
3º If they have passed fifteen days after the death of one of the parties without
any person to accept the inheritance and the Judge is not competent for the knowledge of these measures, he shall communicate such situation to the judge of the competent civil, so that it may proceed according to the art. 1164 of the Civil Code, in which case it will
suspend the process. Once the inheritance is declared, the healer will be appointed and the process will continue.
Failure to appear for successors
Art. 87.-When the successors of the defendant do not appear, they shall be declared in absentia and the process shall continue.
When the lack of personation of the successors is due to the fact that they do not wish to appear,
it is understood that the applicant party waives the claim exercised.
Process object transmission of the process object
Art. 88.-When the subject of a process has been transmitted or transferred, the acquirer may request, crediting the transmission, that it be held as part of the position held by the
transmitting
succeeding in the process.Received the request, the judge will order the suspension of the process, hearing for three days from the party
contrary. If the latter does not object within that period, the suspension shall be lifted and the acquirer shall take the procedural position of the transfer.
If the other party manifests its opposition to the entry into the acquirer's process, the judge shall rule in accordance with the law, and if the decision is in the sense of accepting the procedural succession, the successor shall be subject to the same allegations as may have been exercised against his predecessor,
as well as to the new ones that may be exercised against him.
When the intent of the acquirer is not accessed, the transmitte will continue in the process,
remaining the private legal relationships that exist between the two.
Succession by dissolution of legal persons
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Art. 89.-In the event of the dissolution of a legal person, the liquidation process shall not be terminated until all the proceedings it has pending have been completed by final judgment,
always remaining the acts of disposition of the social goods, provided that the effect of the judgment cannot be returned to the effect of the judgment, in the judgment of the Judge.
THE COURT TO WHICH THE CORRESPONDING PROCESS IS VENTILATED SHALL SEND, AS SOON AS POSSIBLE, TRADE REGISTER, TO THE EFFECT THAT NO SETTLEMENT DEED IS ENTERED. (1)
TITLE THIRD THE OBJECT OF THE PROCESS
CHAPTER FIRST PROCEDURAL PRETENSE
Order Classes
Art. 90.-The parties may claim to the courts of justice the mere declaration of the existence or scope of a right, obligation or any other legal situation; the declaration of condemnation of the performance of a particular benefit; as well as the constitution, modification or extinction of legal acts or situations. They may also seek the execution of the provisions of
the titles established by law, the adoption of precautionary measures, and any other kind of protection expressly provided for by law.
The pretenses referred to in the foregoing paragraph shall be made before the court or tribunal having jurisdiction and competent, and in front of the suitors who have to affect the intended decision.
Deliting the cause of ordering
Art. 91.-On a general basis, the cause of asking for it will be the set of facts of
legal character that serve to substantiate the claim, be it identifying it, either addressing its estimation. In cases where the claim is based on a legal title or legal cause, it will be the one that constitutes the cause of the request.
If the facts are several, the parties must submit or assert them in the period of initial claims, as well as all legal titles or legal bases, which may integrate
the cause of asking and that they be known at the time of filing.
In any event, the new or new facts, titles or causes that may affect
the delimitation of the claim may be incorporated into the process until the completion of the preparatory hearing, in accordance with the provisions of this code.
Litipendens. Start
Art. 92. Litipendens is produced from the interposition of the demand, if it is admitted, and from it all the effects determined in the laws are deployed.
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PERPETUATION OF COMPETITION. (1)
Art. 93.-ONCE THE PROCESS HAS BEEN INITIATED, ANY CHANGES OCCURRING IN RELATION TO THE ADDRESS OF THE PARTIES, THE SITUATION OF THE LITIGIOUS THING AND THE SUBJECT MATTER OF THE PROCESS SHALL NOT AFFECT THE FIXING OF THE TERRITORIAL JURISDICTION, WHICH SHALL BE DETERMINED IN
THE INITIAL MOMENT OF THE LITIGATION, AND IN ACCORDANCE WITH THE CIRCUMSTANCES CONTAINED IN THE INITIAL CLAIMS. (1)
Fixing the process object. Banning your modification
Art. 94.-The object of the process will be set according to the parties, the request and the cause
to ask for the information to be included in the application. The reply to the complaint will serve to set the terms of the debate in relation to the procedural object proposed by the complainant, without it being altered.
What is established in the previous paragraph will also apply to the counterclaim.
Set the procedural object, the parties may not alter, change or modify it at a later date,
without prejudice to the ability to make supplementary allegations, as provided for in this code.
CHAPTER SECOND
ACCUMULATIONS
Finality of the accumulation. Effects
Art. 95. The purpose of the cumulation is to achieve a greater procedural economy and to avoid any conflicting judgments where there is a connection between the claims deducted in the proceedings for which cumulation is sought.
Admitting the accumulation of pretensions or processes, the effect of discussing all the procedural objects accumulated in the same procedure, with a single statement, that will have as many
separatedstatements as the accumulated objects, will occur.
Resource accumulation
Art. 96.-The parties may request the accumulation of the various resources which are pending before the same or different court when the conditions of connection between the
pretensions to which they relate are given, provided that there is a risk that contradictory judgments may be placed in the event of no accumulation.
The various resources exercised by the parties in relation to the same claim shall be processed in a cumulative manner, the court proceeding to the accumulation of officialssince the said circumstance.
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The processing of the accumulation of resources will apply to the provisions of this chapter.
Accumulation of runs
Art. 97.-The parties may request the accumulation of pending executions
against the same debtor executed, even if they are facing different courts, provided that the obligations executed on which the accumulation is requested are not fully fulfilled.
The origin of the accumulation of executions will be decided according to a greater procedural economy, the connection between the obligations executed, and the best satisfaction of the various implementing creditors.
The accumulation may be obtained from any of the judges who are aware of the different executions; and, if it is obtained, such accumulation will be made to the oldest process.
If there is a community of lien in mortgaged or pignorised goods, the accumulation must be carried out in the process with a mortgage or loan guarantee; and if there are several guarantees of such
nature, the order of preference of the same will be in the order of preference.
In the case of a community of embargo, whatever the matter is, the accumulation shall be made to the oldest process, being understood as such that the first embargo has been carried out, except
established on the actual guarantees referred to in the preceding paragraph, since in such case the accumulation shall be made to the process containing the same, notwithstanding the provisions of Article 110.
In the assumptions regulated in the previous incissos, the Judge who knows the process to which the others accumulate will be the competent one to know of all the accumulated executions.
CHAPTER THIRD ACCUMULATION OF PRETENSES
objective accumulation of pretenses. Material Requirements
Art. 98.-The plaintiff may exercise at the same time in the application how many claims he has against
the same defendant, with the sole limit that they are not incompatible with each other.
It is understood that concurrent exercise in the same demand of two or more
is deemed incompatible when mutually exclusive or contrary to each other, so that the estimation of one prevents or renders the estimation of the other or others ineffective. In this case, the judge will decrease the improponsibility of the attempted accumulation.
Eventual build-up
Art. 99.-If the applicant raises the cumulation in any way, it may attempt to build up incompatible claims. In this case, it will be an indispensable requirement for the admission of the accumulation to be determined in precise form the pretense that is reputed main, as well as that other or others that are exercised for the only assumption that the exercise to the main title is not considered
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founded, it should also indicate the ordende ranking among them.
The accumulation of claims is not supported as an alternative.
Pretenses backlog
Art. 100.-The admissibility of the accumulation of claims shall be conditional upon the concurrence of the following procedural requirements:
1 That the judge has jurisdiction and jurisdiction for the reason of the matter or for the reason of the amount to know of all the claims whose accumulation is requested.
2That the accumulated pretensions do not, by reason of their matter, be ventilated in processes of different type or nature if they were exercised separately.
3º that the law does not prohibit the accumulation in the cases in which certain pretenses are exercised in reason of their matter or because of the type of process that is to be
follow.
Likewise, the accumulation of claims cannot alter the territorial jurisdiction when it is established by the law with an unavailable character. In any event, the claim to be substantiated by
means of a common process may be accumulated which, on its own, would be exercised in abridged process, provided that both claims are for the reason of its amount.
Special cases of accumulation required
Art. 101.-The form of order sought by the declaration of nullity
shall be cumulated ex officio of an act or legal business and those relating to the nulliability of the agreements adopted at the same meeting of the organs of a legal person. To this end, all claims for nullity or nullability that are filed after another will be referred to the same court that you know of the
first.
Different pretensions in the individual cases will also be accumulated in the same lawsuit
by law.
Trade appreciation of the pretenses accumulation
Art. 102.-The judge shall appraise the provenance of the cumulation requested by the applicant. If you consider that the accumulation of claims is undue, before admitting the claim
you will requirethe applicant to remedy the defect within five days, urging him to maintain only the accumulation that is possible under this code.
After the period granted without the right to remedy, or if the claims made by the applicant remain non-cumulative, the application shall be rejected as inadmissible, the file of the proceedings being agreed without further processing, but leaving the applicant's right to return to the form of order sought.
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Complaint of Undue Accumulation of Pretenses
Art. 103.-The accumulation of undue claims may also be asserted by the defendant as an exception in the response to the complaint, and shall be settled in the preparatory hearing of the common process or in the hearing of the abbreviated process, or in the first oral act of the procedural process
.
Subjective build up
Art. 104.-The form of order may be exercised at the same time as one has against several persons or several against one, provided that there is a link or connection by reason of the title or the cause of the request.
It is understood that there is a connection between the pretenses when they derive from identical or similar titles, and when the cause of ordering is constituted wholly or partially by the same set of
relevant legal facts.
CHAPTER FOURTH
ACCUMULATION OF PROCESSES
FIRST COMMON PROVISIONS SECTION
Legitimation to request the accumulation of processes
Art. 105.-The accumulation of different processes can only be requested by whoever is party to any of the processes whose accumulation it is intended.
However, the accumulation may be decreed on its own initiative when such proceedings are pending before the same court, as well as in the other cases where the law is expressly provided.
Accumulation of processes. Causes
Art. 106.-The cumulation may be requested when different processes are being processed separately between whose procedural objects there is factual or legal connection, or both natures at the same time, so that, if the processes are not accumulated, they can be handed down sentences with foundations
or contradictory, incompatible or mutually exclusive pronouncements. It is understood that there is always a connection when the procedural objects of the processes whose accumulation is intended there is a relationship of prejudiciality.
procedural requirements for process accumulation
Art. 107. -The accumulation of declarative processes can only be decreed when they are substantiated by the same formalities or the processing can be unified without loss of procedural rights.
Process accumulation can only be supported for those where there is no
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final resolution. The application for cumulation must be made always before the hearing or hearing of the abbreviated process has been held in any of them.
To know about the accumulation will be competent the court that is aware of the oldest process, which must have jurisdiction and objective competence by reason of the matter or the
amount to know of the process or processes that it is intended to accumulate.
FOURTH REPEALED (1)
Exclusion of Process Accumulation
Art. 108.-The accumulation of proceedings shall be rejected if it is established that the parties were able to attend the accumulation of claims.
If the processes are promoted by the same plaintiff or by the defendant, it is understood, unless justified justification, that a single process could be promoted in the terms of the previous paragraph shall not proceed with the accumulation.
Accumulation of processes and the exception of litipendens
Art. 109.-When the risk of judgments with contradictory statements or arguments,
incompatible or mutually exclusive, is due to the simultaneous existence of two or more processes between the same parties and in relation to the same claim, the exception of litispendence must be used, without the accumulation of such processes.
To be considered the exception of litipendens will be terminated to the process initiated later, with condemnation in all the coasts caused in the finalized processes.
Competition for accumulation
Art. 110. The accumulation of proceedings may be obtained from any of the judges who are aware of them. In another case, a self-rejecting application will be issued without further recourse.
The age will be determined by the date and time of the filing of the claim.
Declined the accumulation, the judge who knows the oldest process will become competent to know all the accumulated.
Initial rejection of the process accumulation request
Art. 111.-The judge shall order to reject the application for cumulation where it does not contain
the data required by law and such insufficiency would not have been remedied; or where, as evidenced in that application, the cumulation is not appropriate because of the absence of the reasons or the procedural requirements laid down in the preceding articles.
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Non-suspensive effect of accumulation request
Art. 112.-The application for accumulation of processes shall not suspend the course of which it is intended to accumulate, but the court that knows of each one shall refrain from giving judgment in any of them as long as there is no decision on the origin of the accumulation, suspending to the effect the
deadline to dictate it.
S i the processes are pending before different courts, as soon as the accumulation is requested
such circumstance, by the quickest means, will be communicated to the other court; and this one will have to abstain in any case of passing sentence until it is definitively decided on the alleged accumulation.
SECTION SECOND BACKLOG OF PENDING PROCESSES BEFORE A SAME COURT
Request
Art. 113.-The accumulation will be requested in writing, in which the processes whose
accumulation is requested will be identified, and will indicate the procedural state in which they are found, together with the reasons that justify the accumulation. In the short process, the application may be submitted orally at the hearing, if it was not done before.
Incident and incident decision
Art. 114.-The application shall be admissible, the other parties shall be heard and all the
parties shall be party to any of the processes whose accumulation is intended, even if they are not in the case in which it has been requested, so that, within the common period of three days, they shall make claims about the cumulation.
In the abbreviated process, if the request was made orally at the hearing, the other parties will then make their claims and resolve the request immediately.
After that period, or received the allegations, the judge will resolve the matter within five days, granting the accumulation if all the parties agree on it. In another
case, you will resolve what you consider from, granting or denying the requested backlog.
Against the order that is issued will only admit the recall appeal.
Effects of the auto that resolves the build up
Art. 115.-Acceptance of the accumulation, the court will order that the most modern processes join the older ones, to the effects prevented in this code.
If the accumulated processes were not in the same fulfillment state, the one that was most advanced was ordered to be suspended until the others are in the same or similar state.
Denied accumulation, processes will be substantially substantiated, condemning the party
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that would have promoted it to pay the costs of the incident.
SECTION THIRD BACKLOG OF PENDING PROCESSES BEFORE DIFFERENT COURTS
Applicable Rules
Art. 116.-The accumulation of processes that will be brought before different courts will be governed by the
previous rules with the specialties indicated in the following articles. The request for cumulation made in an abbreviated process shall be substantiated, as soon as possible, in accordance with the rules contained in this Title.
Request for process accumulation. Fulfillment
Art. 117.-In addition to the provisions of Article 113, the court must state in writing the court before which the other processes whose accumulation is sought are laid down.
The request shall be given to the other parties concerned, in order to make any claims they deem appropriate within the common period of three days. The judge will dictate order within three days deciding on the backlog. If it is refused, it shall be communicated to the other court, which may give judgment.
Declaration of provenance of process accumulation
Art. 118.-If the judge considers it appropriate to build up, in the same order it will require the person to know of the other process, requesting the referral of the corresponding processes.
The requirement shall be accompanied by a certificate of the relevant information to make known the cause for which the cumulation is intended and the claims which, where appropriate, have been made by the parties other than the applicant for the cumulation.
Processing before the required judge
Art. 119.-The requirement and the certification shall be received by the requested judge to the parties who have appeared before him.
If any person before the required court is not in the process before the requesting court, he or she shall have a period of three days to instruct the court clerk
and to submit written submissions as appropriate.
Resolution on the accumulation requirement
Art. 120.-THE PREVIOUS ACTIONS SHALL BE FULFILLED, THE JUDGE SHALL DICTATE ORDER IN WHICH HE ACCEPTS OR DENIES THE REQUEST IN THE ORDER OF ACCUMULATION. (1)
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If none of the parties to the required court were to object to the accumulation, or if they do not allege data or arguments other than the arguments before the requesting court, the required judge
may only found its refusal to the requirement that the accumulation must be made to the proceedings pending before it.
Effects of Accumulation Acceptance by the required
Art. 121.-The request will be accepted, the orders will be sent to the requesting judge and the parties will be
tothe parties to be in front of him within three days, in order to continue with the process.
Acordado the accumulation of processes, the course of the most advanced process will be suspended until
the other will arrive at the same procedural state, and then the accumulation will be carried out.
Effects of non-acceptance of process accumulation by the required court.
Resolution of the discrepancy
Art. 122.-When the requested judge will not accept the order of accumulation, he will communicate it
to the requesting judge, and they will be directed to the Supreme Court of Justice to resolve the discrepancy, referring to him, in the shortest possible time that will not exceed five days, certification of the actions in the respective courts and that is necessary to resolve.
The dissenting judges shall place the parties before the competent court, for three days, so that they can appear and submit in writing what they consider to be appropriate to their right.
Decision of the discrepancy
Art. 123.-The Supreme Court of Justice, in plenary shall decide by order, within five
days, in the light of the records of the documents and the written arguments of the parties, if they have been filed, proceeding in accordance with the provisions of the preceding articles. No recourse shall be made against the order given.
Accumulation of more than two processes. Multiple accumulation requirements
Art. 124.-When the same judge is required to accumulate by two or more courts, he will forward
the cars to the Supreme Court of Justice and he will communicate it to all the parties to defend the decision to the Supreme Court. In this case, the provisions of the two previous articles will be available.
Prohibition of a second accumulation incident
Art. 125.-The incident of accumulation in a process is suspended, no request for
accumulation of another process will be admitted if the person asking for it has initiated the process that I will try to accumulate.
The court before whom the application is made in the case of the previous paragraph will reject it outright by car.
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If, in spite of the previous prohibition, the new incident is substantiated, as soon as the fact is recorded, the incident will be terminated, with the imposition of costs to which it would have promoted it.
CHAPTER FIFTH ADVANCE COMPLETION OF THE PROCESS
Art. 126.-The parties may have the pretenses exercised in the process, in any state and time of the process, either in the first instance, during the substantiation of the resources
or in the enforced execution, always according to the nature of each act of disposition. To this end, they may resign, desist from the process, be raided, submit to arbitration or any other mechanism of alternative dispute resolution and compromise on what is the object of the process.
The provisions of the foregoing paragraph shall exempt cases in which the law prohibits the provision or the limit for reasons of public order, of general interest, of protection of minors and
third parties, or when it involves fraud of law.
Early completion of the process by overcoming improponsibility
Art. 127.-If, after the application or the counterclaim, any cause of improponsibility is survived as indicated in this code, the party to whom it is interested may refer it to the court in writing or verbally during the development of any of the hearings.
When the vice is written in writing, all other interveners will be heard for three days. When one of these understands that there is no cause to terminate early
the process, will present its opposition and the judge will convene a hearing on that sole object within the next ten days, unless there is any next realization, in which case the incident will be included as an agenda item.
In the hearing, the court will decide whether to continue the proceedings, imposing the costs of the incident on the party that saw its request rejected. If the question is raised by all parties,
or there is no opposition to the completion of the process, the request will be immediately accessed.
The court will also be able to assess these circumstances of its own motion, in which case it will manifest it to the parties at the nearest hearing to make the relevant case. Immediately, the same shall be done in accordance with the right to the right.
If the process is completed, the pronouncements regarding the precautionary measures will be made, if they have been decreed, as well as in the case of the procedural costs. Against resolution
ordering the continuation of the process will not be a resource. Against which he agrees to his termination, he will appeal appeal.
Influence of the change of circumstances in the statement
Art. 128.-After the process is started, changes that may occur in the state of things or of people who have originated the demand or, where appropriate, the counterclaim, are not
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will take into account the sentencing time. The foregoing is understood with the exception that the innovation will definitely deprive the pretensions of legitimate interest that would have been deducted in
the claim or counterclaim, in which case it will be in the provisions of the previous article.
Renunciation
Art. 129.-When the plaintiff expresses his or her renunciation of the procedural pretense exercised or the material right in which he or she serves, the judge will dictate the defendant's absolute judgment, except
that the waiver is legally improviable, in which case it will dictate order to continue the process.
The renunciation must be personal, clear, express, without any condition and should be formulated either act or through proxy with special power.
The absolute statement will have res judicata effects.
Dissubmission of the instance
Art. 130.-The plaintiff may unilaterally desist from the proceedings whenever he does so before the defendant is placed to respond to the complaint, or is summoned for hearing, and also at any time when the defendant is in absentia.
In any other case, the withdrawal must be in accordance with the defendant's agreement, to which effect it will be given a hearing of the letter of withdrawal for the period of three days in order to answer it. If
the defendant is to decide whether or not to object to the withdrawal, the court shall order an order of dismissal. If the defendant is opposed to the withdrawal, the judge will decide what he considers appropriate about the continuation of the process.
In the cases where the withdrawal is due, the plaintiff's right to promote a new process on the same claim will remain safe.
The withdrawal must be personal, of course, express, without any condition and should be formulated either act or through proxy with special power.
Break-in
Art.131.-The defendant may be able to search for all the claims of the plaintiff, accepting them, in which case the judge will dictate the judgment in accordance with what is requested by him. When the judge understands that the raid is contrary to the public order to the general interest, or that it is done to the detriment
of third, or that it covers a fraud of law, it will dictate to reject it and to send that the process continues its course.
The search may be limited to only part of the claim raised by the complainant. In such a case, the judge, if at the request of the plaintiff, may immediately issue a car accepting the points that have been the subject of such a break-in, where a separate statement is possible that does not prejudge the remaining non-raided issues, and may be executed in accordance with the provisions
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in this code.
The raid will be personal, of course, he expressed, without any condition and should be asked either act or through proxy with special power. If the search is carried out prior to the defence of the application, no legal costs shall be imposed, except in the case of fear.
The process will be able to continue to discuss and resolve the issues raised by the complainant who have not been searched.
Judicial Transaction
Art. 132.-The parties may make a judicial transaction reaching an agreement or agreement on the procedural claim. Such an agreement or agreement shall be approved by the court which is aware of the dispute to be terminated and shall have the effect of res judicata. The approval
shall be denied if the court understands that the transaction is not in accordance with the law or is carried out to the detriment of the third party.
CHAPTER SIXTH EXPIRATION OF THE
Instance Expiration
Art. 133.-In all manner of processes, the instances and resources shall be deemed to have been abandoned when, in spite of the initiative of the actions, no procedural activity is produced
within six months, if the process is in the first instance; or within three months, if it is found in the second instance. The time limits indicated shall start from the last notification made to the parties.
The expiration of the instance will also operate against the State and other persons in public law.
The expiration of the instance will be declared by means of order, which will contain, in accordance with the general rules, the conviction in costs against the party that would have given place to that party.
In the processes extinguished by expiration, the evidence produced shall not retain its legal validity
and may not be asserted in another subsequent process, except for the instruments, the expert reports and the one that would have been anticipated; such tests may be introduced in a new process initiated, in accordance with the rules of eligibility established in this code.
Exclusion from enforced expiration
Art. 134.-THE PROVISIONS ON EXPIRY OF THE APPLICATION SHALL NOT APPLY TO THE ENFORCEMENT OF ENFORCEMENT, THE ACTIONS OF WHICH MAY CONTINUE UNTIL THE COURT HAS BEEN COMPLIED WITH, EVEN IF THE PROCESS HAS RUN OUT OF COURSE DURING THE PERIODS INDICATED. (1)
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Exclusion from expiration by force majeure or against the will of the parties
Art. 135.-There shall be no expiry of the application or appeal if the proceedings have been brought to a standstill by force majeure or by any other cause contrary to the will of the parties or parties concerned, which is not attributable to them.
Effects of the expiration of the first instance
Art. 136.-Declared and sign the expiration in the first instance, the judge will order the immediate cessation of all the effects of the providences given in the respective process, as well as the file of the file.
IN THIS CASE, THE WITHDRAWAL WILL BE UNDERSTOOD IN THAT INSTANCE AND NEW DEMAND MAY BE OPENED. (1)
EXPIRATION EFFECTS ON SECOND INSTANCE. (1)
Art. 137.-If the expiration is declared in the second instance, the decision
will be upheld and the cars will be returned to the court of origin, together with the corresponding certification.
Impeachment of the force majeure declaration
Art. 138.-Declared the expiration of the instance in accordance with the above provisions, and notified that it is, the affected party may promote an incident to prove that the expiration has been due to force majeure or to another cause contrary to the will of the parties or to delay not imputable to
them.
The incident should be promoted within five days from the notification of the
expiration declaration.
The court will summon all the parties to a hearing, to which they will have to contest the evidence
to try to avail itself, at the end of which it will dictate to self-estimating the challenge or confirming the expiration of the instance.
Against this auto-goat appeal.
Impeachment of the error expiration declaration in the computation
Art. 139.-When the declaration of revocation by mistake in the calculation of the legal deadlines is contested, against the order that the declaration shall be admitted only recourse of recall.
FOURTH PROCEDURAL ACTIVITY TITLE
FIRST CHAPTER
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PLACE, TIME AND SHAPE
Place of procedural activity
Art. 140.-The procedural activity will be carried out at the headquarters where the court is located that
knows of the pretense; however, for the best achievement of the purposes of the process, and if it is actions that require the presence of the judge, it may agree, by reasoned resolution, to constitute outside its usual seat, in order to witness by itself the practice of tests or the realization of an act
procedural.
Procedural Commissions
Art. 141. Where a procedural action is to be performed outside the territory to which the court extends its jurisdiction, the court may request the cooperation and assistance of another court.
The request for cooperation and assistance shall be made directly, by trade, without intermediate body; and it may be arranged, if this does not cause risk for the purposes of the process, the delivery of the same
to the party interested in the conduct of the procedural act.
Days and Business Hours
Art. 142.-The procedural steps of the courts must be carried out in working days and hours, but they may agree, by means of a reasoned decision, and provided that there is urgency in the conduct of the proceedings, to enable working days and hours.
The Supreme Court will determine, by agreement, the operating hours of the judicial offices, which will be the working hours.
procedural strokes
Art. 143.-The time limits conferred on the parties to carry out the proceedings are permanent and unextendable, unless otherwise provided.
Indication or deadline
Art. 144.-When communicating to a party that must perform a procedural act, the resolution shall be indicated in
the period legally provided for to carry out the act; and, if possible, shall be specified on the day of its expiration, as well as the consequences of the omission or delay in the performance of the act.
If a party is ordered to perform a procedural action in respect of which the law does not provide for a period or term, it shall be carried out without delay, or as soon as possible, to be established by the court, with an indication of the consequences of the omission or delay in the performance of the act.
Time Computation
Art. 145.-THE DEADLINES SET FOR THE PARTIES WILL BEGIN, FOR EACH OF
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THOSE, ON THE DAY FOLLOWING THAT OF THE RESPECTIVE NOTIFICATION, UNLESS, BY LEGAL PROVISION OR BY THE NATURE OF THE ACTIVITY TO BE FULFILLED, THEY HAVE THE CHARACTER OF
COMMON, IN WHICH CASE THOSE WILL BEGIN TO RUN THE DAY FOLLOWING THE DAY OF THE LAST NOTIFICATION. (1)
In the time limits set in days only the working time will be counted.
The deadlines set in months or years will be computed from date to date; but if the day of
expiration does not exist on the equivalent day, the term expires on the last day of the month.
In any case, when the last day of the deadline is not applicable, it is understood to be extended to the
next business day.
The deadlines expire at the last working time of the respective day's office schedule.
General time suspension principle
Art. 146.-In the absence of a fair cause, it does not run from the moment when the impediment is configured and until its cessation. It is considered to be just cause that comes from force majeure or fortuitous case, which places the party in the impossibility of performing the act alone.
Way of procedural actions
Art. 147.-The procedural steps must be carried out under the general principle of orality.
However, the demand and its extension, the defence of the claim, the counterclaim and any resolution that ends the process or surts material effects on the claim, will always be in writing; and, except for the legally intended exceptions, the statements of witnesses and experts will be in
oral form.
Language
Art. 148.-In all proceedings, the Spanish language must be used, compulsorily.
When it is necessary to be heard who does not know the Spanish language, the party that present it must designate an interpreter, or request to its coast the appropriate designation by the court.
Any instrument that consists of a foreign language must be accompanied by its corresponding translation in accordance with international law and treaties.
CHAPTER SECOND INTERNATIONAL JUDICIAL COOPERATION
Rules of Procedure
Art. 149.-The courts of El Salvador will be able to seek the cooperation of foreign courts
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to perform performances outside the Republic.
Actuations to perform outside of El Salvador
Art. 150.-Without prejudice to international treaties, where a procedural action
is to be performed outside the national territory, the party concerned shall request it, indicating the cause and scope of the requested procedural action.
If the court will agree to its realization, it will deliver an appeal, which it will send to the Supreme Court of Justice, for its submission to the Executive Branch, in the field in charge of international relations, in order to do so to the respective foreign authorities.
Neither the Supreme Court nor the Executive Branch will describe the content or scope of the EEW and should be limited to dealing with it.
Process-only actuations
Art. 151.-In order to carry out procedural acts of mere processing abroad, such as notifications, citations or sites, as well as for the reception and obtaining of evidence and reports, the courts will be issuing letters and letters rogatory.
The same solution will be observed in respect of letters rogatory from foreign courts.
LETTERS OR LETTERS ROGATORY. (1)
Art. 152.-The letters rogatory may be transmitted by the interested parties themselves,
through the consular or diplomatic agents or through the competent administrative authority in the matter or, failing that, by judicial means.
When letters rogatory are processed by consular or diplomatic means or through the administrative authority, the requirement of legalization will not be necessary.
The letters rogatory shall be processed in accordance with the procedural laws of the State of compliance. The courts may, at the request of the requesting court, observe in the proceedings of the petition or letter rogatory formalities or special procedures, provided that
this is not contrary to national law.
The letters rogatory and the accompanying documentation must be accompanied, if any,
of the respective translation.
Effects of Compliance with Judicial Cooperation Acts
Art. 153. The fulfillment in El Salvador of the petition or letter rogatory coming from foreign courts will not imply the recognition of the international competence of these or the effectiveness of the sentence that they will dictate.
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Precautionary Measures
Art. 154.-The Salvadoran courts shall comply with the precautionary or executive measures decreed by foreign courts and shall provide whatever is relevant to such an object, with the exception of measures that are prohibited by national law or are contrary to public order.
The origin of the precautionary measure will be regulated by the laws of the place where the foreign process is followed. The execution of the measure, as well as the precautionary measure, will be resolved by the courts of
El Salvador in accordance with the provisions of this code.
What is established in the above points is without prejudice to the provisions of the Treaties
and International Conventions and under the condition of reciprocity.
Tercerias and oppositions
Art. 155.-When any other precautionary measure on property has been blocked or effected, the person concerned may deduct, in the courts of El Salvador, the third party or opposition
relevant, with the exclusive object of its communication to the court of origin upon return of the petition or letter rogatory.
The opposition or third party shall be substantiated by the requesting court, according to its laws. The opponent or
third party who appears after the return of the request or letter rogatory will take the process in the state in which it will be found.
If it is a matter of domain or other real rights over the well-embargoed, or it will be founded in its possession, it will be resolved by the courts of El Salvador and in accordance with its laws.
Effects of compliance
Art. 156.-Compliance with the precautionary measure does not require the recognition and enforcement of the judgment
foreign to be given in the process in which such a measure has been provided.
Pre-Execution Measures
Art. 157.-Where the recognition and enforcement of a foreign judgment has been requested, the Supreme Court may take the precautionary measures necessary to ensure its
compliance, which shall be processed in accordance with the rules of this code.
The provisions of the previous article are without prejudice to international treaties and conventions
and on condition of reciprocity.
Precautionary Faculty
Art. 158.-Anyone who is the internationally competent jurisdiction to know about a process, provided that the object of the precautionary measure is found on national territory the courts of El Salvador may order and execute, at the request of a party, all conservation measures
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or of urgency whose purpose is to ensure the outcome of a process that is intended to be initiated.
The judge ordering the measure will set a deadline, in accordance with the provisions of this code, within which the applicant will have to assert his or her rights under the penalty of the measure.
If, within the agreed period, the demand is promoted, the internationally competent court will be resolved.
Fulfillment
Art. 159.-Communications regarding precautionary measures shall be made by the parties themselves
interested, through the consular or diplomatic agents, through the competent administrative authority in the matter or, failing that, by judicial means.
3RD WRITTEN AND CASE FILES
Writing Subscription
Art. 160. -a The writings must be legible to avoid any offensive expression, to record in the header the data identifiers of the file, to express with due clarity what is intended
and to be subscribed and sealed by the lawyer that presents them.
Written receipt constancy
Art.161.-Whenever a document is submitted to the court, the court clerk who receives it shall, at the time of its receipt, record the date and time at which it is made. If there is
accompanied by a copy, the copy will be returned to the data subject, leaving the receipt record.
Copies of writings and instruments
Art.162.-Any document or document that is presented must be accompanied by so many readable copies as subjects must be notified, plus one. The court will immediately forward to the other parties
a full copy. For that purpose, the judgment of the court may be valid from any means which provide sufficient assurance or leave a written record.
Backup Copy
Art. 163.-In addition, a copy
to the court, which will serve as a backup in case of replacement of the file, must be given in writing and instrument.
Case training
Art. 164.-With the first writing of each process to be promoted, a file will be initiated to which the subsequent writings will be incorporated successively.
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All written and instrument presented to the court shall be immediately understood to be incorporated into the file.
The Supreme Court of Justice will agree on the manner in which such files are to be carried out, as well as the manner in which the acts of the acts are to be recorded.
Case access law
Art. 165. -The party and its representatives have permanent access to the file, which will be provided in full.
The court files shall remain in the offices of the court for examination of the parties and of all who have a legitimate interest in the exhibition in accordance with the provisions of this Code, and shall not be removed from the seat of the court.
In note or form subscribed by the secretary and by the person concerned, each time the file is consulted.
Certification of files
Art. 166.-From any judicial file may the parties or who have legitimate interest
obtain full or partial certification of the same.
The certification must be authorized by the court, and will be done by means of a copy signed by the
clerk of the court, at the cost of who asks for it, putting in the record express note of the expedition.
If the certification is partial, it will be heard, within three days, to the opposing party, which must
evacuate it in writing, and the requested certification must be extended, with the insertion of said writing and the passages in the request, so that, when it takes effect, the person who examines it can make an equitable judgment and have complete knowledge of the state of the process. If applicable, the existence of pending resource will be stated
.
If the hearing is not to be evacuated, the certification will be extended, with the expression of such circumstance.
If the certification is requested in the audience, it will be awarded with what I will express at the moment the opposite.
Case file
Art.167.-A process will be completed and the file of the respective case will be available and can be consulted by the stakeholders.
When an archived file has to take effect in another process it will be incorporated into the whole or in part by means of a copy authorized by the clerk of the court.
The Supreme Court of Justice will have the rules of judicial filing.
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Replenishment and renewal of files
Art. 168.-When, for any reason, the original file of a procedural action has been lost, destroyed or concealed, the copy held by the court shall have the same value.
When the court does not have a copy of the actions destroyed or disappeared, it shall order that they be redone, in order to carry out the evidentiary proceedings that evidence its preexistence and content and, if necessary, order the parties to submit their own copies of the documents,
documents and minutes.
If the replacement is not possible, the court will order, if necessary, the renewal
of the acts, prescribing the way to do so.
CHAPTER FOURTH
JUDICIAL communications
FIRST SECTION
NOTIFICATIONS
General notification principle
Art. 169.-Without prejudice to the time limits specified in this code, any judicial decision shall be notified in the shortest time to the parties and to the parties concerned.
Address for notifications after first writing or appearance
Art. 170.-The plaintiff, the defendant, and all those who appear in the process shall determine
accurately, in the first document or appearance, an address within the district of the court to receive notifications, or a technical means, be electronic, magnetic or of any other nature, that permits the constancy and offers guarantees of security and reliability.
If the aforementioned statement is not made, the court will order the omission.
When an address is flagged outside the court's constituency, it will be ordered to point it within the court.
Any change of address must be communicated immediately, with valid, in default, the notifications made in the above address.
Notification by Board
Art. 171.-If the time limit set by the court for the defendant or any of the other parties in the proceedings to indicate an address within the jurisdiction of the court to receive
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notifications, or any means of those mentioned in the previous article, without such a requirement being met, notifications will be made on the court board or the common office of notifications.
Similarly, notifications will be made when the address or technical, electronic, magnetic or any other address of the recipient is ignored, provided that such information is not included in
any public record.
In any case, prior to the completion of the notices by board the court must
provide a duly motivated resolution authorizing the practice of such diligence in such a manner.
Notification in the Judicial Office
Art. 172.-The parties and the interested parties have the right to go to the office of the court or the common office of notifications, where it exists, to hear about the decisions given in the proceedings.
For this purpose, a copy of the resolution shall be provided to them and the action shall be recorded on the form, which shall be signed by the competent judicial employee and the person concerned. If the latter does not know, cannot
or refuse to sign, such a circumstance shall be stated.
tacit notification
Art. 173.-The consultation of the file by the party implies the notification of all the resolutions that are in it up to the time of the consultation.
Notification in audience
Art. 174.-RESOLUTIONS DELIVERED IN THE HEARING WILL BE NOTIFIED
TO THOSE WHO ARE PRESENT. (1)
Notary Notification
Art.175.-Upon request of a party and prior authorization of the court, judicial decisions may be communicated in person by notary who designates that and at its cost. In such a case, the court
will deliver to the notary designated certification of the resolution and the party must accredit its due diligence no later than three working days after the delivery of the certification. If this time limit is breached, the communication authorisation by notary shall be without effect and the notifications may
be made
the competent judicial employee.Notification through Procurator
Art. 176.-Whenever the party appears to be a prosecutor, it will receive all the notifications referring to its represented, even that of the sentence or order ending the process, with the value and
effectiveness established in this code.
The attorney general must indicate, in the first written form, a fax number or any other technical means that permits the written record of the communication. If the court will have the
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adequate technical means to communicate with the prosecutor, notifications will be practiced by such means.
When a party is represented by two or more prosecutors, they must designate a single place to receive notifications.
Personal Notification
Art. 177.-When the notification is to be made personally, the official or judicial employee to whom it is appropriate to perform such diligence shall attend the place indicated for that purpose; and if I find the person to be notified, he shall leave the action on record.
If the person is not found, the diligence will be understood with any older person who will be in the designated address; and in the absence of any person, or if the person refuses to receive
the notice, notice will be fixed in visible place, indicating to the interested party that there is a pending resolution to be notified to him and that he must go to the judicial office for that purpose.
If the party fails to attend the judicial office within three working days, the notification shall be effected.
Notification by technical means
Art. 178.-When a decision is notified by technical means, the file of the referral made shall be recorded. In this case, the notification passed
twenty-four hours after the shipment, provided there is evidence of your receipt.
Notification to those who are not part of the process
Art. 179.-When witnesses, experts or persons who are not party to the process must be notified, the communication shall be carried out by any means deemed to be effective and
effective.
In cases where the court considers it appropriate, these communications of the
may be performed as set out in the previous article.
Authorization to be notified
Art. 180. By means of writing, a third person of age may be authorized, even if he is not a lawyer, so that the notifications are understood.
SECTION SECOND SITES
Site Principle
Art. 181.-Every respondent must be duly informed of the admission of a claim in
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your counter, so that you can prepare it for your legitimate rights or interests.
To this effect, the plaintiff must indicate the address where the defendant can be located. If I manifest that it is impossible for him to do so, it will be used the means that the judge deems appropriate to ascertain this circumstance, being able to address by virtue of the obligation that every person has or
authority to collaborate, to registers or public bodies, associations, entities or companies that can give reason of it, who must render the respective report within a period that will not exceed ten days, which will be determined in the prudential judgment of the judge.
If the knowledge of a domicile or place of residence is obtained, communication will be practiced in the ordinary way. Otherwise the site shall be in the form provided for in this Code.
Site Esquela
Art. 182.-In the same resolution as the application is accepted, the defendant's location shall be ordered, which shall be made by means of a site.
The corner will contain:
1. Court ID.
2nd. Identification of the defendant.
3rd Identification of the process, with indication of the name and address of the plaintiff, number
of the file and name and address of the prosecutor of that file.
4th. Indication of the deadline to answer the claim, warning the respondent that not
doing so will continue without their presence.
5th. List of the documents annexed.
6th. Date of issue.
7th. Name and signature of the person who issued the corner.
Such a corner will be accompanied by copies of the claim and the resolution of its admission, as well
as of the documents attached to it.
Site diligation
Art.183.-The placement shall be practiced by the competent judicial officer or employee in the direction pointed out by the plaintiff to locate the respondent; and if I find it, he will deliver the
site corner and its attachments.
If the person to be deployed is not found, but it will be found that this is effectively their place of residence or work, the site and its attachments will be delivered to
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any older person who is at the site and who has any link or relationship to that place.
The filing of the site shall be recorded in the minutes raised to that effect by the competent judicial officer or employee who carried out, with indication of the place, day and time of
the diligence, the name of the person to whom the corresponding corner is delivered, and the link or relationship of the person with the location, if any. The minutes shall be signed by the person who received the account, unless the person did not know, could not or refused to sign, of which it will be recorded.
Site by proxy
Art. 184.-The location may be made by the person of the defendant's proxy, where he cannot be directly addressed to the defendant. To that end, the applicant shall express the reasons why the site is necessary in that way.
In such a case, the proxy must have special power for that purpose, and at the time of the placement it must manifest whether or not it is the proxy of the party that is being deployed by its means; and if it is
I will show that it is not in spite of its saying, it will incur the costs, damages and damages, and the official who knows the matter will inform the Section of Professional Investigation of the Supreme Court of Justice, for the effects of law.
Notary Diligencyation
Art. 185.-Upon request of the court, the site may be practiced by
notary who designates the site and at its cost. In such a case, the court shall deliver to the notary designated the site and its annexes.
This form of placement must be completed no later than five days after the delivery of the entry. Such a period may be extended for the same period only once if the applicant claims and proves reasonable grounds for the extension and requests it within the original time limit.
Due to the original deadline or its extension without the placement of the site, the authorization shall be left without effect and the authorization may only be carried out by the competent judicial employee.
Site by edicts
Art. 186.-If the address of the person to be deployed or not to be located after the relevant proceedings for this purpose has not been taken, it shall be ordered in a reasoned order that the placement be carried out by an edict.
The edict will contain the same data as the site corner and will be published on the court board.
LIKEWISE, IT WILL BE ORDERED, ITS PUBLICATION FOR ONCE, IN THE OFFICIAL JOURNAL, AND THREE IN A PRINTED NEWSPAPER OF DAILY AND NATIONAL CIRCULATION. (1)
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The publications, if the defendant does not appear within ten days, shall be appointed by the court to appoint an ad litem curator to represent him in the proceedings.
If the claim of the party who said to ignore the defendant's address, or who was able to know it with due diligence, was subsequently found to be false, the process will be annulled,
condemning the plaintiff to pay a fine of between two and ten, higher, urban minimum wages, in force, according to the circumstances of the case.
Site in case of elusive respondent
Art. 187.-If the person to be deployed was found but dodged the diligence
and no older person who agrees to receive the corner and its annexes, the competent official or judicial employee shall record this in the cars and make the site in accordance with the provisions of this code.
Site of a minor
Art. 188.-When a minor is sued, the delivery of the corner and its annexes shall be made to its representatives.
Site of a legal person
Art. 189.-When a legal person, public or private, is sued, the delivery shall be made to the representative, a manager or director, or any other person authorized by law or by convention for
to receive sites.
State Site
Art. 190.-When the State of El Salvador is required, the placement shall be completed by giving the location of the site and its annexes to the Attorney General of the Republic or to an agent
designated by it.
Non-domiciled Person Site in El Salvador
Art. 191.-If the person is not domiciled in the country, the placement may be made in the person in charge of the office, branch or delegation that the office has opened in El Salvador.
At the request of a party and at its cost, and without prejudice to the provisions of international treaties, the prosecution of the site may be entrusted to a person authorized for the practice of such
diligence in the country where the placement is to be practiced as the plaintiff's indication.
THIRD SECTION
OFFICERS
Trades
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Art. 192.-When the court is required to give knowledge of its resolutions to other bodies or entities, or to make any request to them for the fulfillment of the proceedings, or to request the
cooperation and assistance of another court, it shall be issued on its own initiative.
This trade shall be accompanied by a copy of the decision, shall be submitted by post or by any means
suitable and may be available, if this does not cause any risk, its surrender to the party concerned in the performance of the procedural act.
CHAPTER FIFTH SUBSTANTIATION OF THE PROCESS AND AUDIENCES
SECTION FIRST SUBSTANTIATION OF THE PROCESS
Ordinary Issue
Art. 193.-The judicial secretary shall inform the it/his or her about the state in which each
process is located; and to this end it shall give an account of all written and document that is presented. This information shall be provided no later than on the business day after the submission.
In particular, you will be informed, on the following business day, of the precluding of the procedural deadlines
granted to the parties and the course of those referred to the court, for the purposes of the following actions.
Drive the process
Art. 194.-The momentum of the process is of trade to the court, which will give it the course and order it
as legally appropriate. For these purposes, decisions which are necessary both by the judicial staff and by the administrative staff in the framework of the powers laid down by this code shall be issued.
Chief Magistrate
Art.195.-When the process is to be resolved by a collegiate court, it will be presided over by the presiding magistrate, who will be in charge of bringing the substance of the cases that are aired in it.
Functions of the presiding magistrate
Art. 196.-They are the functions of the presiding magistrate:
1 EXERCISE THE FUNCTIONS RELATED TO THE ORDINARY OFFICE IN THE AFFAIRS OF
THAT KNOWS A CHAMBER OF SECOND INSTANCE OR THE CIVIL ROOM OF THE SUPREME COURT OF JUSTICE. (1)
2nd. Drive and sort the course of the process by dictating the decrees and the other
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resolutions that are legally applicable.
3º. Propose the drafting of all the resolutions that correspond to the Chamber of the Second Instance or the Civil Chamber, once debated by them.
Discompliance
Art. 197.-When in a collegiate court, no unanimity of votes shall be required to form a sentence
in all the points contained therein, the alternate Magistrate shall be called.
Notified the parties about who is the magistrate named and present, the
will be seen again for that magistrate to address the discord, adhering to one of the discordant or reasoned votes, within a period of no more than ten days; and, if in this case there is no sentence, it will continue to be called in discord.
The sentence will be signed by all the magistrates who took part in the deliberation of the case, even for the one who would have disagreed, stating the name of those who participated to form it
with their vote. The dissident must enter his or her vote following the judgment, with the reasons in which he is founded, and will be signed by him and authorized by the secretary.
If by any circumstance a magistrate does not want or cannot sign, it will be put on record
express.
Suspending the craft process
Art. 198. -The court may only suspend the course of the proceedings on its own initiative if there is a case of a fortuitous case or force majeure which requires it to do so. The order for which the
suspension will be decided must be particularly motivated. The suspension will last only as long as the cause that motivates it.
Suspending the process to part instance
Art. 199.-In the exercise of the power of disposition on the object of the process, the parties may
request by mutual agreement the suspension of the process, which shall be agreed upon as long as it is not contrary to the public order, nor does it cause prejudice to the interest generated or for the third party. The suspension shall be agreed by means of a car and shall not exceed 45 days. In these cases, the process will resume
at any time at the request of either party.
Elapsed the period for which the suspension was agreed without any of the parties requesting
the resumption of the process, will proceed to the interim file of the actions, which will be maintained until the continuation of the process is requested or the expiration of the instance occurs.
SECTION SECOND REGIME OF AUDIENCES
Advertising and Inmediation
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Art. 200.-The hearings in the processes governed by this Code shall be public, as provided for in Article 9 and shall be carried out, under the penalty of insubsainable nullity, in the presence of the holder or
holders of the court or tribunal, in the terms of Article 10, without prejudice to the provisions of the special rules established by this code.
Hearing the hearings
Art. 201.-The hearings will be indicated on their own initiative, fixing the day and time to the effect, when so
corresponds according to the state of processing of the process and the order in which they arrive in that state.
The calendar of hearings will be carried by the judicial secretary, prior to the judge's statement
or magistrates. The secretary shall give the parties the dates of the hearings.
Between the pointing and the celebration must mediate a minimum of fifteen working days and a maximum of 20 days
of twenty, unless otherwise provided in the law.
New pointing
Art. 202.-If any of the parties, their representatives or lawyers, or any of the witnesses or experts express the absolute impossibility of attending the hearing on the day and time indicated, a new indication may be made if the requirements laid down in this article are met.
The impossibility will be immediately communicated to the court, duly justifying the reasons for it.
THE COURT WILL ONLY ORDER THAT A NEW STATEMENT 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 NECESSARY FOR THE CONDUCT OF THE HEARING. (1)
When the cause of the new pointing request is the matching of the hearings of one of the lawyers, the hearing relative to the criminal case will take precedence; if this is not the case, that of the older one. If the two statements have the same date, the hearing
will be suspended for the most recent procedure.
Audience Celebration Regime
Art. 203.-The hearings shall be held in the working hours of the same day. If necessary, they can be enabled for the same hearing plus hours on the same day, in one or more sessions, as well as
continue the following day or days until completion.
On the day and time set for the hearing, it will be lodged in the hearing room of the court,
and the presence of the parties, lawyers, witnesses, experts and interpreters to intervene will be checked, making a brief relationship to the background of the case.
Then they will intervene, by their order, the plaintiff and the defendant, or the appellant and the
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appealed, through their lawyers or by themselves when the law permits.
If evidence has been admitted, they shall be conducted in accordance with the order established in the rules governing the evidentiary activity.
Practical proof, the judge or president will again grant the word to the parties to make a concusely plea of what is appropriate to the outcome of the tests. If no test is performed, then the first intervention shift will open another to rectify facts or
concepts.
Address of the audiences
Art. 204.-The judge or president shall direct the debate, order the necessary readings, make the legal warnings, receive the oaths or promises and statements, and moderate the discussion,
by preventing impertinent questions or derivations or that they may separate themselves from the issues that are discussed, urging whoever is in the use of the word to avoid rambling, although without coarting the exercise of the right of defense. The judge or president may withdraw the word to whom he or she does not follow their
instructions.
The judge or president will maintain good order in the hearings and ensure that the respect and consideration of all those who are in the hearing room are kept and protected in
his rights, for which he will make use of the powers of correction and discipline granted to him by the laws.
Audience documentation
Art. 205.-The hearing shall be documented in its integrity by means of the minutes raised by the judicial secretary, in which it shall be recorded as to what has happened in that court. It will include the
allegations and statements of the parties, as well as what the witnesses and experts would have provided, the result of the judicial recognition if there were any and the documents offered as evidence. The minutes shall include the day, place and time of the hearing, the authority to which it is held, the process to which
corresponds, the names of the parties, lawyers, witnesses, experts, and interpreters who participated, and also the names of the parties who did not attend, indicating the cause of the absence, if known, the decisions taken and the resources that the parties have brought.
The parties may request that a specific indication, expression or event, as well as that which they understand relevant to ensure the fidelity of the minutes, be incorporated into the act, provided that it has been
discussed in the hearing.
Documentation by audio-visual media
Art. 206.-To allow the material endowment of the court, the development of the hearing will be recorded in support suitable for the recording and reproduction of the sound and of the image, or only of the sound, joining
to the cars the original of the recording and a record where the day, place and hour, the judicial authority to which one was celebrated, the process to which it corresponds and the names of the parties and lawyers, experts, witnesses and interpreters that intervened.
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The parties may request to their coast a copy of the media in which the hearing was recorded.
The parties may propose to the Judge that the hearing be documented by any technical means of recording and reproducing the image and sound, or only of the sound, and must indicate whether one or both of them
parties shall bear the costs of such means. The judge shall agree to such a request if it results in a better development of the procedural activity and shall be in accordance with the foregoing paragraph.
Audience Repetition
Art. 207.-When a hearing is suspended or interrupted for one of the reasons
legal and must be replaced the judge who began to hold it, the hearing will be repeated in full in the presence of the new judge, except for the case of the irrepressible facts, of which only the record is valued. Which will also apply to the collegiate courts.
Suspension of hearings
Art. 208.-The celebration of the hearings on the appointed day may be suspended only for one of the following reasons:
1. By indisposition of the judge or magistrate, when he could not be replaced.
2nd. For serious cause to prevent the appearance of any procedural subject who would have been summoned.
3º. For proven serious cause to prevent counsel from any of the parties.
4th. To coincide two simultaneous hearings for the lawyer of either party.
In all of these cases the suspension will only be agreed upon when it has not been possible to request a further indication of the hearing in advance.
The hearing will also be suspended when the continuation of another unfinished business is prevented. A hearing may also be suspended at the request of all parties, on the grounds that the judge is justified.
New pointing of suspended audiences
Art. 209. -Any suspension that the court will agree will be communicated immediately and by the quickest means to the parties personated and to those who have been summoned judicially in the capacity of witnesses, experts or in another condition.
The new pointing will be made when the suspension is agreed, and if this is not possible, as soon as the reason that caused it disappears. It shall be fixed as immediate as possible, without altering the order of the statements which were already made. The court will preserve, as far as it can be,
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compliance with the principle of concentration in the practice of testing.
Replacing the judge or magistrate after the hearing point
Art. 210.-If once the hearing has been made the judge or the
a member of the court has been replaced, such a circumstance shall be communicated to the parties before the hearing is held, so that they may raise the challenge.
If the challenge is not raised, the hearing will be held, without prejudice to the right to raise it during the hearing, if the cause giving rise to it was later learned. In this case, the hearing will be suspended and the incident will be processed as provided for in this code, and
the new flag will be made once the recusal is resolved.
Interruping the audiences
Art. 211.-Initiated the celebration of an audience can only be interrupted by one of the following causes:
1. When it is necessary to resolve an incidental question that cannot be decided in the act.
2nd. When a test diligence has to be performed outside the tribunal's headquarters and not
could be verified between one and another session of the hearing.
3º. When witnesses or experts are not brought to justice and are deemed to be
essential to their declaration or report.
4th. When the hearing is initiated, the judge's unavailability, of some
magistrate, of the party or his lawyer, occurs.
5th. When requested by all parties, claiming fair cause.
THE HEARING WILL RESUME ONCE THE CAUSE HAS DISAPPEARED WHICH PROMPTED ITS INTERRUPTION. (1)
If the interruption is prolonged for more than thirty days, the performances performed will be lost all efficiency and a new hearing must be held, the relevant citations should be performed to the effect
and making the appropriate indication for the most immediate possible date.
The same will be done when for any cause the judge or magistrate has been replaced during
the interruption.
CHAPTER SIXTH
JUDICIAL DECISIONS
SECTION FIRST CLASSES AND REGIMEN
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Resolution classes
Art. 212.-Judicial decisions may be decrees, orders and judgments.
The decrees have as their object the material impulse and ordination of the process.
The cars are simple or definitive. Simple, if dictated, among other purposes, to resolve
incidents, agree precautionary measures, define ancillary issues or resolve nullity; definitive, if they put an end to the process, making it impossible to continue in the instance or by way of appeal, or if this code is determined.
The statements decide the background of the process on any instance or resource.
Responsibility for dictating resolutions
Art. 213.-Resolutions shall be issued by the judge or magistrates who have witnessed
in their integrity the hearing connected with the case.
Impossibility of dictating resolutions
Art. 214. -They shall not be able to make the decisions in accordance with the preceding article, even if they have attended the hearing, the judge or magistrate who, in accordance with the law, have lost that condition, have been suspended in their duties or will be affected by any cause of incompatibility.
In such cases, the hearing will have to be repeated.
Shape
Art. 215.-In any resolution other than those adopted in the hearing, the process to which it is
refers, the number of files, the place, day and time of its delivery and the court that gives it.
The resolution must clearly and accurately express the decision on the object of the process or
on the specific point to which it relates, with the pronouncements corresponding to all the parties ' claims.
Motivation
Art. 216.-Except for the decrees, all the resolutions shall be duly substantiated and shall contain
in separate paragraphs the factual and legal reasoning which lead to the fixing of the facts and, where appropriate, to the assessment and assessment of the evidence, as well as to the application and interpretation of the law, especially when the judge departs from the criterion held in such a case.
The motivation will be complete and must take into account each and every factual and legal element of the process, considered individually and together, in accordance with the rules of sound criticism.
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Statement requirements. Form and content
Art. 217.-The sentence shall consist of heading, background of fact, grounds of law and judgment or pronouncement.
The heading will indicate the court or tribunal that dictates the judgment, as well as the parties, their lawyers and representatives, and the petition that forms the subject matter of the process will be indicated.
The factual background, structured in numbered paragraphs, will clearly express and summarise the allegations of each party, with particular attention to the alleged facts and those that would not have been
controversial; and they will also refer to the proposed and practiced evidence, as well as to the express statement of the facts that are considered to be proven and of which they are considered unproven.
The principles of law, equally structured in separate and numbered paragraphs, will contain the reasoning that has led to the consideration of the proven or unproven facts, describing the operations of the establishment of the facts and assessment of the evidence and, also duly
, the legal bases that support the pronouncements of the ruling, especially when there has been debate on legal questions, with expression of the applicable legal norms and, if necessary, of their interpretation. The principles of law will have to contain an express and reasoned response to each and every one of the causes of the request, as well as to the necessary questions and legal questions
for the proper resolution of the procedural object.
The failure or pronouncement will, with clarity, estimate or dismiss the claims discussed in
the process. In the event that several claims are resolved in the same judgment, each of them will have a separate statement.
If the claim is pecuniary, the judge or tribunal will determine exactly in the judgment, without it being possible to leave its fixation for the moment of the execution of the sentence. It may also fix, with clarity and precision, the settlement bases, leaving the determination of the amount of the sentence for
the execution procedure, but only if the liquidation can be carried out with simple arithmetic operations.
The ruling will be delivered in the name of the Republic and will contain the pronouncement on the coasts.
Congruence
Art. 218.-The judgments must be clear and precise, and they must resolve all the claims and the contentious points raised and discussed.
The judge must abide by the requests made by the parties, with strict correlation between what is requested and what is resolved. He may not grant more than the actor's request, less than the defendant's resisted, or anything other than that requested by the parties.
Without altering the pretense, and with respect to the facts alleged by the parties as the basis for their causes of asking, the judge may use them as a basis of law or the legal norms that he considers to be more appropriate to the case, even if they had not been invoked by the parties.
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Judgment given by a Chamber of the Second Instance or by the Civil Chamber. Deliberation
Art. 219.-In the Civil Chamber and in the Chambers of the Second Instance the sentence will be handed down after the deliberation and vote of all the magistrates.
For the purposes of preparing the deliberation in a better way, the magistrates will be able to consult and study the case before the hearing and until the date the President establishes to deliberate and vote.
The deliberation will always be behind closed doors, immediately after the hearing or as soon as possible for its celebration and it will be the President who leads the debates.
The presiding magistrate will have to release the proposal for a decision and the draft sentence that will support it.
Vote. Required majority. Mismatch
Art. 220.-Concluded the deliberation will proceed to vote, beginning with the magistrate of
most recent appointment. The president will vote last. The decisions will require the unanimous vote of the judges who make up the tribunal, except when the Court of Justice is aware of the appeal.
The dissenting magistrates will sign the ruling to end the matter; but they will have to explain
their dissenting vote by reasoning in accordance with the provisions of this code.
Unenabled Vote
Art. 221.-When a magistrate who attended the hearing in his or her integrity could not attend the deliberation and vote, for justified circumstances that would make it impossible for him to do so, he will send his vote for
written, justified and signed, provided that he has been able to have the necessary information.
If the impossibility is such that it prevents you from writing, you will be attended by a notary.
If there is no absolute impossibility of obtaining the vote, the alternate magistrate will be called, with whose presence the hearing will be held again, from whose appointment the parties will be notified
for recusal effects.
Oral statement. Assumptions
Art. 222.-IN ALL PROCESSES REGULATED BY THIS CODE, AND FOLLOWING FINAL PLEADINGS, THE JUDGE OR TRIBUNAL SHALL ISSUE THE JUDGMENT OF THE JUDGMENT IN
AND A BRIEF STATEMENT OF REASONS THEREOF, UNDER PENALTY OF NULLITY. IF THE COMPLEXITY OF THE CASE MERITS IT, THE JUDGE OR TRIBUNAL MAY INTERRUPT THE HEARING FOR UP TO THREE WORKING DAYS, AGAIN QUOTING THE PARTIES WITHIN THAT PERIOD, TO ANNOUNCE THE
RESPECTIVE RULING.
IN ABBREVIATED PROCESSES AND SPECIAL PROCESSES, IF PERMITTED BY THE FACTUAL AND LEGAL COMPLEXITY OF THE PROCESS IN QUESTION, THE JUDGE OR TRIBUNAL MAY DICTATE ORALLY
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THE COMPLETE STATEMENT.
IN ALL THE PREVIOUS CASES THE JUDGE OR TRIBUNAL WILL ASK THE PARTIES ABOUT THEIR INTENTION TO USE THE JUDGMENT. IF BOTH PARTIES MANIFEST THEIR DECISION NOT TO CHALLENGE THE DECISION, THEY SHALL DECLARE THEIR FIRMNESS IN THE ACT. IF, ON THE OTHER HAND, BOTH PARTIES
OR ANY OF THEM ANNOUNCE THEIR INTENTION TO APPEAL, THE JUDGE WILL THEN ISSUE IT IN WRITING WITHIN THE LEGAL PERIOD FOR THE RESPECTIVE APPEAL TO BE BROUGHT BEFORE IT IS NOTIFIED. (2)
Statement book
Art. 223. In each court or tribunal it will be mandatory to carry a book of judgments and definitive orders. The ordination shall be in chronological order, and shall include the special votes, if any, immediately after the decision to which they relate.
Advertising of the statement
Art. 224.-Once the judgment or order ending the proceedings has been effectively notified to the parties, the parties shall be given the publicity and dissemination in accordance with the legal order.
THE SUPREME COURT OF JUSTICE WILL BE IN CHARGE OF GUARANTEEING THE KNOWLEDGE OF THE CASE-LAW DICTATED BY THE CIVIL COURT OF THE SAME AND THE COURTS OF SECOND INSTANCE. (1)
Where appropriate, advertising and dissemination shall be without prejudice to the respect for the identity of the parties.
Rectification and clarification of the statement or order ending the process
Art. 225.-The final judgments and orders are invariable once they have been signed.
However, the judges and courts may, on their own initiative, within two days of the notification,
make them clarifications of obscure concepts that are revealed and correct the material errors that are detected.
The parties may request, within the period prescribed in the foregoing paragraph, the same clarifications and corrections, and the judge or tribunal shall resolve within two days.
The provisions of this article will also apply to omissions and defects that are detected in the background of fact or law grounds and whose correction is essential in order to be able to proceed to the challenge or to the execution.
PURELY NUMERIC ERRORS CAN BE CORRECTED AT ANY TIME IN THE PROCESS, EVEN DURING THE EXECUTION STAGE OF THE STATEMENT. (1)
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Subhealing of Pronouncements Omission
Art. 226.-When the judge or tribunal has omitted the pronouncement on one or more claims or requests made in a timely manner by the parties, it shall be obliged to issue the statement that is missing without otherwise altering the judgment or order given.
The omitted pronouncement will be made within three days of the decision being dictated if the fault is automatically appreciated by the judge or tribunal.
The parties may express in writing the omission of the pronouncement within three days of receipt of the notification of the judgment or order ending the proceedings. The judge or tribunal
will rule on the following three days.
SECTION SECOND
EFFECTIVENESS OF COURT DECISIONS
Effectiveness of Decrees
Art. 227.-The decrees may be rectified and extended at any time, for reasons of form or substance, provided that no prejudice to any of the parties is caused.
Effectiveness of simple cars
Art. 228.-The decision by the cars that do not end the process can be modified when the sentence is handed down, provided that it does not amount to roll back the procedure.
Firmness of definitive resolutions
Art. 229.-The final cars and the sentences acquire firmness in the following cases:
1. When the interposed resources had been resolved, no further available
in the case.
2nd. When the parties expressly consent to them;
3rd. Where the time limit for the challenge had been allowed to lapse without bringing the action concerned.
Cose judged
Art. 230.-The res judicata extends to the pretensions of the claim and the counterclaim and shall comprise all the facts before the moment in which the arguments of the parties have been precluded.
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The res judicata will affect the parties to the process in which it is delivered and its successors; and may be extended to third parties whose rights depend on those of the parties, if they had been cited in the wake of
the claim.
Effect of the res judged on another process
Art. 231.-The res judicata shall prevent, in accordance with the law, a further process between the same parties on the same claim.
However, the pronouncements that have passed in the authority of the res judicata will bind the court of a later process when in this they appear as a logical antecedent of whatever their
object, provided that the parts of both processes are the same or the res judicata has to be extended to them by legal disposition.
CHAPTER SEVENTH NULLITY OF PROCEDURAL ACTIONS
Principle of specificity
Art. 232.-The procedural acts shall be void only when expressly established by the law. However, they must be declared void in the following cases:
a) If they occur before or by a court that lacks jurisdiction or competence that cannot be extended.
b) If they are carried out under violence or intimidation or by the commission of a criminal act.
c) If constitutional hearing or defense rights have been violated.
transcendence principle
Art. 233.-The declaration of nullity does not proceed, even in the cases provided for in the law, if the act,
although vitiated has achieved the purpose to which it was destined, except that it has generated the defensiveness to any of the parts.
Conservation Principle
Art. 234.-The nullity of an act shall not imply that of the successive persons who have been independent of
the one whose content may not have been different, in the event of failure to commit the infringement which resulted in the nullity.
The nullity of a part of an act shall not affect the other party of the same act that is independent of that act.
nullity denunciance
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Art. 235.-When the law expressly qualifies as a declaration of invalidity, it may be declared, on its own initiative or at the request of a party, in any state of the process.
If the nullity is qualified as subsable, the same can only be declared at the request of the party that has suffered damage to the vice.
Convalidation of the vitiated act
Art. 236.-If it is a subsable nullity, the party concerned may validate the act, either expressly or tacitly.
There is tacit validation when the affected party does not report the vice within five working days after the knowledge of the event.
The procedural path for the nullity complaint
Art. 237.-Subsanable nullity that affects the admission of the claim must be claimed to the
answer the same.
Subsanable nullity affecting decisions given in the development of the process or other procedural acts shall be reported within five days of the actual knowledge of the
act and shall be settled after a five-day hearing to the contrary.
If it is estimated that the denunciation and declaration of nullity make it impossible to take advantage of subsequent procedural acts, it will be agreed that the process will be rolled back to the state in which it was located
at the time of the vice.
When the complaint is dismissed, it will be ordered to pay the costs that would have been raised,
but it may be introduced again through the resources that exist against the final resolution.
Declaratory of nullity on resource
Art. 238.-THE COURT TO DECIDE ON AN APPEAL SHALL OBSERVE WHETHER THE NULLITY OF THE JUDGMENT
OR ACTS OF DEVELOPMENT OF THE PROCEEDINGS HAS BEEN ASSERTED IN THE DOCUMENT OF INTERPOSITION, OR WHETHER AN INSUBSANABLE NULLITY HAS BEEN INCURRED. (1)
If nullity has been filed, the court that decides the appeal shall initially rule on the appeal, and only if it is rejected shall it enter into a decision on other grievances alleged by the appellant.
If the declaration of nullity is considered and its declaration will make it impossible to take advantage of the subsequent procedural acts, it will be agreed that the process will be rolled back to the state in which it was at the moment of incurring the vice.
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BOOK SECOND THE DECLARATIVE PROCESSES
TITLE FIRST COMMON PROVISIONS
CHAPTER FIRST CLASSES OF DECLARATIVE PROCESSES
Declarative Process Classes
Art. 239.-Any claim which is brought before the civil or commercial courts, and which does not have a special treatment under the law, shall be decided in the declarative process corresponding to the matter or for reason of the amount of the contested object.
The rules for determining the processing class by reason of the amount will only be applied as a rule by reason of the matter.
They belong to the class of declarative processes:
1. The common process.
2nd. The abbreviated process.
Common process scope
Art. 240.-The procedures for the common process will be decided, regardless of the amount:
The demands on unfair competition, industrial property, intellectual property and advertising, provided that they do not deal exclusively with quantity claims, in which case they will be dealt with in accordance with the procedure that corresponds to them according to the amount claimed.
The claims for which the amount exceeds twenty-five thousand colones or their equivalent in the United States of America, and those whose economic interest
is impossible to calculate, or even relative, will be decided in the common process.
Short process scope
Art. 241.-The proceedings of the abbreviated process shall be decided upon the claims of which the amount does not exceed twenty-five thousand colones or their equivalent in dollars of the United States of America.
In addition, they will be decided by this procedure, whatever their value:
1. The claims for damages and damages.
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2nd. The demands of opposition to the judicial replacement of securities.
3º. The demands relating to the dissolution and liquidation of a company.
4th. The claims of nullity of companies.
Determining the value of the pretense
Art. 242.-The value of the claim shall be determined according to the economic interest of the claim, which shall be calculated according to the following criteria:
1. If a given amount of money is claimed, the amount of the claim shall be represented by that amount, and if the determination is not yet in relative form, the claim shall be deemed to be indeterminate.
2nd. Where the process is intended to give movable or immovable property, the value of the movable or immovable property shall be at the same time as the demand, in accordance with current prices
on the market or in the procurement of goods of the same class, irrespective of whether the claim is based on actual or personal rights.
3º. In processes on the right to require periodic benefits, be temporary or
for life, the value shall be calculated for the amount of an annuity multiplied by ten, unless the term of the benefit is less than one year, in which case the total amount of the benefit shall be equal.
4th. In processes that deal with the existence, validity or effectiveness of an obligational title,
its value shall be calculated by the total of due, even if it is payable in instalments. This assessment criterion shall be applicable in those processes whose object is the creation, modification or extinction of an obligational title or a personal right, provided that
no other rule of this article applies.
5th. Where the claim is intended to be made, the amount of the claim shall be equal to
cost
the claim for which it is determined, or in the amount of the damages resulting from the non-compliance, without such amounts being cumulable, except where the compensation is determined in addition to the determination of the compliance.The calculation of damages shall be taken into account when the benefit is personal or consists of a failure to do so, even if the main purpose is compliance.
6th. Where a number of expired instalments of the same obligation are claimed, account shall be taken, as the amount, of the sum of the amounts claimed, except where the claim has been requested
express statement on the validity or effectiveness of the obligation, in which case the total value of the obligation shall be given. If the amount of any of the time limits is not true, the amount shall be excluded from the calculation.
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Determination of value in case of accumulation
Art. 243.-Where several principal pretensions are accumulated in the application, the amount of the claim shall be determined by the sum of all of them, unless the claims are accumulated in an eventual manner, in which case it shall be determined on the basis of the highest value.
If, with the main claim, interest, fruits, income or damages are accessed by way of access, the amount will be determined by the sum of the value of all the claims accumulated. For the fixing
the value will not be taken into account the fruits, interest or income to run, but only the vanquished.
When in the same demand several real claims are accumulated concerning the same good
furniture or property, the amount can never be greater than the value of the litigious thing.
Character of the appropriate procedure rules
Art. 244.-The rules concerning the class of proceedings in which a claim is to be substantiated are of an imperative nature and may be considered by the judge to be of their own motion, but the declaration of invalidity shall
proceed
it had been dealt with in accordance with the common procedure. If it is considered that the process determined by the applicant does not correspond to the value pointed out or to the matter referred to in the application, the judge shall give the matter the appropriate treatment.The applicant shall express in its initial letter, with the justification of the case, the amount of the claim, and may do so in relative form, if it duly justifies that the economic interest at least equals the minimum amount corresponding to the common process, or that it does not exceed the maximum of the abbreviated.
The alteration of the value of the goods that is after the demand interposition does not imply the modification of the amount or the processing class.
Impeachment of the process class and the amount
Art. 245.-The defendant may challenge the class of proceedings that the plaintiff would have raised when he understands that the process would be different, because the process would be different, because
must be dealt with as a special process or as another declarative, by reason of the matter or the amount.
In the common process the adequacy of the procedure will be challenged for the reason of the amount in
the defence of the claim, and the question will be settled in the preparatory hearing.
In the abbreviated process, the defendant will contest the amount or the class of proceedings in the hearing,
and the judge will resolve the matter in the act, heard by the plaintiff and before entering the substance of the case.
CHAPTER SECOND
THE RECONCILIATION ACT
Competition
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Art. 246.-Before promoting a process, and in order to avoid it, the parties will be able to attempt conciliation. Such acts shall take place before the competent peace court, in accordance with
general rules
down in this code.Materies excluded from reconciliation
Art. 247.-The reconciliation with respect to the materials originating from:
1 cannot be attempted. The processes in which the State and other public administrations are concerned, as well as corporations or institutions of the same nature. Also excepted are those processes in which, being a part of the State, it intervenes with this people
private, as main or intervener.
2nd. The processes in which the incapable are interested.
3º. In general, the processes that cannot be the subject of such a procedure, so as to establish the law, and those that are promoted on matters not susceptible of transaction nor
commitment.
Reconciliation Request
Art. 248.-The conciliation shall be requested by written request to the competent judge, in which the following ends shall be stated:
1. The personal data of the applicant and the other persons concerned, as well as their respective addresses.
2nd. A clear and concrete list of the facts on which the request and the economic value are to be found, if this is the case.
3º. Date and signature.
The application shall be accompanied by the documents in which the applicant considers his right to be founded.
Both the original and the accompanying documents will be delivered as many copies as interested parties, plus one.
Registration of the request. Admission Processing
Art. 249.-Once the application has been filed, it will be recorded immediately in the book that is taken
to the effect, opening with it the corresponding file. Without delay, it will be examined if it meets the required requirements, being able to request the clarifications that are necessary or to grant the term for the cure of the defects, which will not be more than five days.
If the request meets the required requirements, or the defects have been made or the defects have been remedied in time and form, they will be admitted. If the requirements are insubsainable, or if the defects are not clarified or remedied within the given time frame, the file will be archived
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without the mere submission of the application producing effects.
The reconciliation request, if accepted, will produce the effect of interrupting the prescription. In the case of rights subject to a limitation period, the procedure shall be terminated and the procedure completed if 30 days elapse without the act of conciliation being held.
Citation for audience
Art. 250.-The court, in the same act in which it admits the application, shall send to the parties, with the delivery of the copies provided and the date and time of the hearing, to ensure that it is verified as soon as possible and always for the next twenty days.
Between the summons and the hearing must be at least twenty-four hours, which may be reduced by the Judge if there is a fair cause for it.
Audience attendance
Art. 251.-Assistance to the conciliation act is mandatory for the parties or their representatives. If the parties are duly summoned, the applicant shall not be compared, nor shall he claim a fair cause, the application shall not be filed, the action shall be closed. If the other party does not appear, nor shall I make a fair plea, the attempted conciliation shall be considered without effect. In both cases, the
not
will be ordered to pay the costs; and if none are compared, each will pay those caused to their instance and the common ones in half.
Celebration of the hearing. Resolution
Art. 252.-The reconciliation hearing will be held as follows:
1st. The court shall check the identity, the capacity and, where appropriate, the representation of the parties. It will also warn the parties about the rights and obligations that could be
corresponding to them, without being able to prejudge the content of the eventual sentence in the subsequent process.
2nd. The parties will be assisted by lawyers. * ORDINAL 2 ° DECLARED UNCONSTITUTIONAL
3º. The word shall be initially granted to the applicant, either to confirm his application,
or to make any clarifications which he considers appropriate to the application and may express the grounds on which he supports it.
4th. The other party shall reply, on the grounds of its right.
5th. The judge shall give the floor to the parties as many times as relevant. The display
of documents or the realization of other means of proof that can be articulated in the same audience.
6th. The court will be able to suggest equitable solutions.
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But there is agreement between the parties, the act will be terminated without compromise. If an agreement has been reached, the act will be terminated with agreement. If the court considers that the agreement
is a serious injury to either party, law or abuse of law, it will not approve the agreement.
A record shall be issued, which shall be signed by the parties, their representatives if any, and the judge. Certification shall be given to the parties who request it.
If both parties are present to the act of conciliation and there is agreement, each party will pay its expenses, and the common ones by half. The expenses of the certifications shall be that which I shall ask them.
Impeachment of the reconciliation agreement
Art. 253.-The settlement agreement may be appealed by the parties and by those who may suffer
prejudice to the Court of jurisdiction for the matter of the conciliation, for the reasons that invalidate the contracts.
The challenge will expire within thirty days of the time the agreement was adopted. For those likely to be hurt the deadline will count since they knew it.
Execution
Art. 254.-The agreement in conciliation will have executive force between the parties, and the judge of first instance of the district in which it was held will be able to bring it to effect, according to the procedure of execution of
sentences. THIRD CHAPTER
PRELIMINARY STEPS
Preliminary Diligences
Art. 255.-In order to prepare the process, the future plaintiff or who with a foundation provides for
who will be sued will be able to ask for the practice of the necessary measures for the filing of the lawsuit, for the preparation of the defense or for the effective development of the procedure.
If the applicant does not file the corresponding claim within the maximum period of one month, the due diligence will lose its effectiveness and cannot be invoked. This period begins to be counted from the conclusion of the preliminary proceedings.
The object of preliminary diligence
Art. 256.-Without prejudice to those that may specifically be able to provide for special material or procedural laws, preliminary measures may be intended to:
1. The accreditation of circumstances relating to the capacity, representation or legitimisation of the future defendant, without whose verification it would not be possible to enter the process.
2nd. Integration of the legal representation of minors, the disabled and children
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minors who litigated against their parents through the Attorney General's Office or through the means established by law.
3º. The exhibition, access for examination or assurance of things to which the procedure falls, that are in the power of the future defendant or of third parties.
4th. The exhibition by the possessor of documents in which they consist of acts of last will, or documents and social accounts.
5th. The exhibition of civil liability insurance contracts.
6th. The judicial determination of the group affected in the processes for the defense of the collective interests of consumers and users. In such cases, the court may request the court to take appropriate measures for the investigation of the members of the
group, according to the circumstances of the case and according to the data provided by the applicant, including the requirement of the defendant to collaborate in that determination.
7th. That the person who is to be sued for claim or other claim expresses what title he has the object of the process to be initiated.
8th. That if the eventual defendant has to leave the country, it constitutes domicile within
of the five days, with the warning that legally corresponds in terms of future notifications.
9th. The citation for recognition of the private document by the one to whom it is served by the author or signature, under the warning of having it recognized.
10th. The judicial determination of the creditor's boasting in order to impose a period of time for the approach of his claim.
11th. The judicial display of objects that check unfair competition, referred to in the first paragraph of Article 493 of the Commercial Code.
12th. The provisional order of termination of the acts of unfair competition referred to in the second indent of Article 493 of the Trade Code.
13º. The signature of the replacement of the title value in the case of the third indent of Article 930 of the Commercial Code.
14º. The exercise of the right of retention referred to in Articles 957 and 958 of the Commercial Code and in the relevant rules of the Civil Code.
15º. The requirement to hire, as provided for in Article 965 of the Commercial Code.
16º. The request that the person who has administered goods from another person account for his or her management, in which case the person will be intimidated into the present within a reasonable time frame
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which the court will point out, which may not exceed 30 days.
17th. The exhibition and recognition of the accounting records and other documents related to the change of the business companies, prior to the date and time, when the holder has an interest or responsibility in the case in question.
Competition
Art. 257.-The application for preliminary proceedings shall be addressed to the court of the address of the person who must declare, display, or otherwise intervene in the proceedings. When this circumstance is unknown, as well as in the cases of the second and sixth numerals of the previous article, it will be competent
to know of the application the court that is to give it course to the future pretence.
The jurisdiction will be examined by the court of its own motion, without it being challenged by the court at the instance
.
Request and Caution
Art. 258.-The application for the practice of preliminary proceedings must be formalized in writing, and must contain the applicant's legitimation, the bases that support the request, the measures required, the justification of the need for its adoption and, eventually, the indication of the
persons who must intervene in them.
In the cases of Article 256 (4), preliminary proceedings may only be requested
by whom it is considered to be a successor, or by whom it establishes a partner or community.
The application must also include the provision of caution to respond to expenses
and any damages that may be caused to persons whose intervention is required. If, within one month of the completion of the proceedings, the applicant has not brought the claim or duly justified the reason for preventing it, the course of action shall be lost in favour of such persons.
Decision on request
Art. 259.- The application for preliminary proceedings must be settled by the court within five days of its submission.
If the request is considered to be justified, and the requirements to be met by the application are met, it will be ordered to order the practice of the requested measures and the fixing of the course, giving a hearing of the application and the order of admission to the interested parties. In another case, the court will deny the request
by order to be notified to the applicant.
The order for which you decide on the request for preliminary proceedings will only be appealed when you refuse them.
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If within the five days following the notification of admission the applicant does not provide caution in any of the forms provided for in Article 447, the court shall agree to the termination
of the proceedings and shall file them. No recourse shall be made against this decision.
In the case of the surrender of an account, once the required account has been fulfilled,
and if the applicant is not satisfied, the account may be discussed in the common process.
Opposition Incident
Art. 260. Within five days of the notification of the order in which the practice of preliminary proceedings is agreed, the requested person may object to them in writing duly
based and directed to the court.
Received the statement of opposition, the stakeholders will be summoned to an audience, to be held
within five days, according to the rules of the abbreviated process.
The incident of opposition will be resolved in that hearing and only the decision that the opposition has justified will be used. In another case, the continuation of the proceedings will be ordered, imposing to the required the payment of the costs that would have generated the incident.
Negative of the required and effectiveness of the preliminary proceedings.
Art. 261.-If the person cited and required does not comply with the requirement for the practice of the
preliminary diligence, the court may:
1. To have the affirmative answers to the questions that the applicant intends
to formulate in order to the capacity, representation or legitimization of the required one, also having accepted the facts that of them are derived. The fact shall be set without prejudice to the contrary test which may be articulated after the process has been initiated.
2nd. To have certain claims made by the applicant in the case of accounts or data relating to companies or communities. The fact will be set with the exception
set to the previous number.
3º. Order, in a reasoned reasoned resolution of the need for the adoption of the measure,
the entry in the closed place where the item, titles or documents whose exhibition has been requested, and the registration of the same, are presumably found. The titles and documents shall be made available to the applicant at the seat of the court. As soon as
to things, the applicant may ask for his deposit, preservation or examination, in the latter case the necessary measures to ensure the integrity of the thing or the preservation of the quantity or sufficient samples for subsequent examinations.
4th. Order the measures that lead to the identification of the members of a group of affected persons, and may agree, by means of a resolution justifying the necessity of the measure, the entry in closed place and the registration of the same, the intervention of
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documents or access to personal or legal persons databases.
5th. Require the contribution of documents, by fine in an amount equal to an urban minimum wage, greater, in force for each day that elapses without having contributed to the judge the document or source of proof required in the mandate of exhibition.
6th. To have a certain amount of the claim invoked by the applicant, proceeding to the fixing of a period of not more than 10 days for the approach of the corresponding claim. If you do not
do so, the demand will become improable.
7th Order the account to the applicant, and upon rendering it shall be approved at the request of the applicant, to
less than the required submission of its inaccuracy for the three days following that of its notification. In this case, the account will have to be discussed in common process.
All the measures provided for in the previous paragraph will take the form of auto.
Only those that remember entry and record or judicial access to databases will be actionable
on appeal, which will have suspensory effects.
The costs incurred by the practice of preliminary proceedings shall be borne by the required measure by measuring their refusal.
Application of the Caution and Coasts
Art. 262.-Except as expressly provided for in the incident of opposition, and for the cases of refusal of the required, the costs incurred to the persons who have taken part in the preliminary proceedings shall be the responsibility of the applicant.
For such purposes, where the agreed proceedings have been carried out or the court has refused them on the grounds that the opposition is justified, the opposition shall, by order, within five days, decide, by
, on
application of the security, in the light of the request for compensation and the justification of the expenditure presented to it, by the applicant.When the course is applied in accordance with the preceding paragraph, the remainder shall be left, the applicant shall not be returned until the period of one month elapses.
CHAPTER FOURTH INCIDENTAL ISSUES
General Principle
Art. 263.-Any incidental question, whether of a procedural or material nature, that being different
of the main object of the dispute has immediate relationship with it, shall be dealt with separately in the form provided for by the provisions of this chapter, unless otherwise indicated by law.
However, the incidental issues raised in hearings and which relate to their processing
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will be substantiated and resolved directly in them. If the question is raised in writing out of the audience and the realization of some is forthcoming, the incidental matter will be incorporated as an agenda item
to avoid undue suspensions or delays.
The general rule of non-suspension of the main process. Exceptions
Art. 264.-The incidental questions will not suspend the course of the main proceedings, except that, having regard to its nature, the question raised poses an obstacle to the continuation of the process.
When the incidental question has to be decided in advance to which it constitutes the object of the process, without it being an obstacle to the continuation of the process, it will be resolved upon it in the statement of form
separated.
Top Process Course Suspend Suppositions
Art. 265.-Apart from the cases expressly provided for in this code, the course of the main proceedings shall be suspended when the incidental question referred to is raised:
1. The lack of a procedural budget or the emergence of an obstacle of the same nature, provided that the preparatory hearing has arisen after the completion of the preparatory hearing and is, by its very nature, insubsable.
2nd. Any other incident that occurs during the process and whose resolution is absolutely necessary, in fact or in law, to decide on the continuation of the
process by its normal procedures or upon its termination.
Joint Fulfillment
Art. 266.-All the incidental questions which by their nature could paralyze the process, whose causes exist simultaneously and are known to those who promote them, must be
articulated in the same writing, whenever possible their joint processing. They shall be rejected as improponible, and without further processing, to be carried out at a later date.
Written promotion of the incidental question. Admission Regime
Art. 267.-When the incidental question is promoted in writing, it will have to be concrete
and founded, both factually and legally and to it will be accompanied by the appropriate documents, as well as the writing in which the tests that are deemed necessary will be proposed. It shall indicate whether the question is to suspend the course of the main proceedings.
If the incident is manifestly improvised or will not be adjusted to the cases prevented in this code, the judge will reject it without further processing. The admission of the incidental question will be
made by car.
The approach of incidental issues will not be supported once the probative hearing has been opened in the common process or once the test has been admitted to the hearing of the abbreviated process.
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Substance of incidental issues
Art. 268.-Admitted to the incidental question, within three days the other parties will be given a hearing to give written submissions to the other parties, which may accompany the appropriate documents and propose the necessary proof.
After that period, the judge will subpoena the parties to a hearing to be held within 10 days of the summons. This hearing will be held according to the rules set for the
abbreviated process.
The hearing may be delayed or suspended only once for a period of no more than ten days,
where there is no material to practice the evidence to be received in the hearing.
THE EXPERT TEST, WHEN PROCEEDING, WILL BE PERFORMED BY A SINGLE
DESIGNATED BY TRADE. NO MORE THAN FIVE WITNESSES MAY BE PROPOSED FOR EACH PARTY. (1)
incidental issues to the incidental issue
Art. 269.-The ancillary questions that arise in the course of the processing of the incidental question, and which lack sufficient entity to constitute another autonomous matter, will be decided in the same resolution as that.
Decision
Art. 270.-Within the hearing and, where appropriate, the evidence which has been admitted, the Judge shall decide without further action. This decision will be appealed on appeal if it puts an end to the process. In another case, only the final judgment that terminates the main proceedings may be used.
When the incidental issue does not suspend the course of the main process, it will be resolved directly and with due separation in the decision that ends this.
CHAPTER FIFTH CONVICTION ON COASTS
Paying off the coasts
Art. 271.-As a general rule, each party shall pay the costs and costs of the process caused to its instance as they are produced.
Condemn on the shores of the first instance
Art. 272.-The payment of the costs of the first instance shall be imposed on the party that has seen
rejected all its claims. In this case, the person who is required to pay shall only be obliged to do so for the purpose of the judicial procedure in accordance with the tariff.
If the estimate or dismissal of the claims is partial, each party will pay the costs
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caused to your instance and the common ones by half, unless you have merit to impose on one of them for having litigated with foolishness.
Coasts in case of raid
Art. 273.-If the defendant is to break the claim before he answers it, the costs shall not be imposed, unless the court, duly reasoning, appreciates bad faith in the defendant.
If the break-in takes place after the response to the complaint, the first paragraph of the previous article shall apply.
Coasts in case of resignation or withdrawal
Art. 274.-If the process terminates by renunciation of the claim or right, or by withdrawal
of the plaintiff not consented to by the defendant, he shall be ordered to all the coasts.
If the withdrawal is consented to by the defendant, no one of
the parties shall be ordered to pay.
Coasts on resources
Art. 275.-In the case of resources, it shall apply as regards the costs, the provisions of the first instance.
TITLE SECOND THE COMMON PROCESS
CHAPTER FIRST ALLEGATION ACTS
FIRST SECTION THE LAWSUIT
Demand
Art. 276.-Every judicial process shall be based on written demand, in which the plaintiff
shall make the claim.
The claim must contain:
1 The identification of the Judge or tribunal to which it is promoted;
2nd The name of the plaintiff and the address you indicate to hear notifications;
3rd The name of the defendant, your address and address, being otherwise provided for in this code;
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4º The name of the plaintiff's attorney, his address, stating the fax number or the technical means to enable him to receive direct communications from the court;
5th The facts in which the plaintiff bases his request, listing and describing them with clarity and precision, in such a way that the defendant can prepare his defence
and defense;
6th The arguments of law and the legal norms to support their claim;
7th Documents that demonstrate compliance with the procedural budgets, those that support the pretense and the expert reports;
8th The requests that are made, indicating the value of the defendant;
9th The offer and determination of the test.
When several pretensions are raised, they will be expressed in the request with separation
due. If the main requests are rejected, those which have been formulated shall be made on their own order and separately.
According to the process class in question, the demand may contain different specifications,
as determined by this code and other laws.
Demand Impropriability
Art. 277.-IF, FILED THE LAWSUIT, THE JUDGE WARNS OF ANY DEFECT IN THE PRETENSE, SUCH AS TO SAY THAT ITS OBJECT IS ILLEGAL, IMPOSSIBLE OR ABSURD; LACK OF
OBJECTIVE OR DEGREE COMPETENCE, OR IN RELATION TO THE PROCEDURAL OBJECT, SUCH AS THE LITISPENDENCE, THE THING JUDGED, COMMITMENT PENDING; EVIDENCING LACK OF MATERIAL OR ESSENTIAL BUDGETS AND OTHER LIKE, WILL REJECT THE DEMAND WITHOUT NEED OF PREVENTION
TO BE IMPROVISED, HAVING TO EXPLAIN THE FUNDAMENTALS OF THE DECISION. (1)
The order by which a claim is declared is an appeal.
Inadmissibility of the demand
Art. 278.-If the claim is obscure or fails to comply with the formalities laid down for its presentation in this code, the Judge shall prevent for a single time that such imperfections shall be remedied within a period not exceeding 5 days. If the plaintiff does not comply with the prevention, it will be terminated
the process declaring the lawsuit inadmissible. This kind of rejection in limine leaves the material right safe.
The car for which a claim is declared inadmissible only supports the recall appeal.
Demand Admission
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Art. 279.-If, if the application is filed or the prevention is remedied, the judge considers that it complies with the essential formalisms to enter the knowledge of the pretense in it contained, and that of
the same is its absolute faculty of judging, it will admit the demand by car, to initiate the corresponding procedure.
The counterclaim shall also be subject to the substantive examination and form referred to in this Article and the previous two.
Extending the demand
Art. 280.-The accumulation of claims will not be allowed after the demand has been answered.
Before the response, the request may be extended to accumulate new claims or to direct those already exercised against other defendants. In such a case, the deadline to answer the demand will be
will count from the communication of the extension of the same.
In the response, the defendant may object to the alleged accumulation, when the defendant does not
accommodate the provisions of the rules governing the accumulation, and shall be resolved in the preparatory hearing.
Demand Effects
Art. 281-From the filing of the claim, if it is admitted, the litispendence is produced.
THE ALTERATIONS OR INNOVATIONS THAT ONCE INITIATED THE PROCESS OCCUR AS TO THE DOMICILE OF THE PARTIES, THE SITUATION OF THE LITIGIOUS THING AND THE OBJECT OF THE PROCESS, AS WELL AS THOSE INTRODUCED BY THE PARTIES OR THIRD PARTIES IN THE STATE OF AFFAIRS
OR OF THE PEOPLE, WILL NOT MODIFY THE CLASS OF PROCESS, WHICH WILL BE DETERMINED ACCORDING TO WHAT IS CREDITED AT THE INITIAL MOMENT OF THE LITIPENDENS. (1)
Ban on demand change
Art. 282.-Established whatever is the subject of the process in the application, in the answer and, in its
case, in the counterclaim, the parties may not alter it later.
The provisions of the foregoing paragraph should be without prejudice to the ability to formulate
supplementary allegations, as provided for in this code.
SECTION SECOND
RESPONDENT INTERVENTION
Respondent Site
Art.283.-The claim is supported, the communication will be made to the person or persons against whom it is entered, and will be placed to answer within the next twenty days.
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Response to Demand
Art. 284.-In response to the complaint, which shall be drawn up in the manner established for the application, the defendant shall set out the procedural exceptions and other arguments relating to what may be a matter of course for the valid prosecution and termination of the proceedings by judgment on the merits.
The defendant may manifest, in the answer, its search for some or some of the claims of the plaintiff.
In the answer, if any, the defendant may deny the facts adduced by the plaintiff, exposing the grounds of his opposition to the claims of which he claims and alleging the
exceptions that I will consider appropriate.
The judge may consider the silence or evasive responses of the defendant as tacit admission
of the facts that are known and harmful to him.
The counterclaim
Art. 285.-In reply to the application, the defendant may, by means of counter-claim, make the claim or form of order which he believes to be the responsibility of the applicant.
The counterclaim shall not be admissible where the Judge lacks jurisdiction on the grounds of the matter or the amount, or where the claim is to be decided in a process of different kind. However, it may be possible to exercise by counterclaim in the common process the related claim that, by reason of the amount,
has to be ventilated in an abbreviated process.
The counterclaim will be proposed separately, following the response, and will be accommodated
to what is set for the claim. The counterclaim must clearly express what is intended to be obtained in respect of the claimant and, where appropriate, other subjects. In no case shall it be considered as a counterclaim in the defendant's letter which ends up requesting his acquittal in respect of the claim
or claims of the main claim.
Counter-counterclaim
Art. 286.-The reagreed plaintiff and the third parties in the counterclaim may reply to the counterclaim within twenty days from the notice of the demand
. This reply shall be in accordance with the terms of the defence of the application.
Missing respondent's personation
Art. 287.-The lack of personation of the defendant in the period granted to the effect will produce its declaration of rebellion, but it will not prevent the continuation of the process, without it to be understood its absence
as a search or recognition of facts.
The resolution declaring the default will be notified to the defendant, and no further notification will be made, except that of the resolution terminating the proceedings.
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Whatever the state of the process in which the rebel defendant appears, the successive actions shall be understood without any case being set back.
FOURTH REPEALED (1).
The admission of the resources brought by the opposing party shall be made of the knowledge of the rebel defendant.
SECTION THIRD CONTRIBUTION OF DOCUMENTS
Input of documents with the initial writings
Art. 288.-Together with the demand and defence of the claim, and together with the counterclaim and
the defence of the claim must be provided in the documents certifying the procedural budgets, as well as the power of the procedural representative. Documents or opinions which prove the value of the contested thing shall also be provided for the purposes of competition and proceedings.
With the initial writings, the evidence in which the parties substantiate their right is to be provided in any case. If no one of these is available, its contents will be described, indicating precisely where they are located, and requesting the appropriate measures for their
incorporation into the process.
The expert opinions will also be provided in which the parties support their claims. In
the case that some of the parties are represented by the Attorney General's Office, will not have to contribute with the request or with the answer to the expert opinion, but may be limited to announcing or requesting it.
In addition, those other documents that this code or other law expressly require for the admission of the claim shall be provided.
Pseclusion of the documentary contribution
Art. 289.-Where the documents are not initially provided, or where the place where they are located is not designated, the possibility of providing them shall be precluding, unless the law permits exceptionally to do so at a non-initial time, for being after the acts of allegation or earlier but unknown, by
force majeure or otherwise just cause.
By way of derogation from the foregoing paragraph, the claimant may submit to the hearing
preparatory documents, means, instruments, opinions and reports, relating to the substance of the case, the interest or relevance of which is only apparent as a result of allegations made by the defendant in the defence of the claim.
Except for judicial or administrative decisions that fall and have to take effect in the process, the filing of documents shall not be permitted after the conclusion of the test hearing.
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CHAPTER SECOND PREPARATORY HEARING
Preparatory Hearing Call
Art. 290.-The corresponding formalities of initial claims or the deadlines without having been completed, the Judge, within a period of three days, shall convene the parties to a preparatory hearing, which shall be held within a period of not more than sixty days from the
judicial notice.
For this purpose, the parties shall be notified of the day and time indicated, quoting them for appearance.
Appearance of the parts
Art. 291.-When the preparatory hearing is no longer attended by both parties, the Judge shall terminate the proceedings without further processing, provided that such absence is not duly justified.
The same will be done by the Judge when the plaintiff is not present, and the defendant does not show any legitimate interest in the prosecution of the proceedings.
When I cease to appear in the defendant or when the plaintiff's inattendance is shown by that
I will show a legitimate interest in the prosecution of the process, the Judge will order the continuation of the process, following the processing in what is appropriate.
Preparatory audience content
Art. 292.-The preparatory hearing will serve, in this order: to attempt the conciliation of the
parties, in order to avoid the unnecessary continuation of the process; to allow the sanitation of the procedural defects that could have the initial allegations; to accurately fix the pretense and the subject of the test; and to propose and to admit the proof that the parties in the hearing are trying to value themselves
as the basis of their pretension or resistance. Exceptionally, in cases of urgency, which has been established in court, the evidence may be received which, by its nature, may be carried out at that hearing.
Settlement of the process by reconciliation
Art. 293.-Open the preparatory hearing, the judge will urge the parties to obtain a settlement in relation to the pretense deduced in the process.
At the same time as it urges the parties to reach an agreement, the judge will warn them of the rights and obligations that they may correspond, without prejudging the content of the eventual sentence.
End of processing by transaction between the parties. Challenging and executing the transaction
Art. 294.-If the parties achieve a transaction, this will require a judicial approval. To this end, the judge will examine the content of the agreement adopted by the parties, and must verify that the agreement
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does not imply fraud of law or abuse of law, nor is it about unavailable rights, nor does it compromise the public interest or the interest of minors, or is carried out to the detriment of third parties. In these cases, there will be no
approval.
Approved the transaction, the judge will order to terminate the process and proceed to the file of the action.
The legally-approved transactional agreement may be challenged by the causes that invalidate the contracts. The challenge of the validity will be exercised before the same court, by the formalities and with
the resources established in this code and will expire at the fifteen days of the celebration of the audience. In addition to the parties, they will also be entitled to challenge the compromise who could suffer damage to it.
Running the agreement
Art. 295.-The agreement or transaction in the preparatory hearing, once approved or approved judicially, shall have the consideration of the title of execution, and may be carried out by the formalities for the execution of sentences regulated in this code.
End of process by resignation, withdrawal, or break-in
Art. 296.-If there is an agreement to terminate the process by resignation, withdrawal or trespass,
the Judge will dictate the relevant resolution after approving it, in accordance with the rules set forth in this code for the early completion of the process.
Continuation of the audience
Art. 297.-If the parties have not reached an agreement or are not prepared to conclude it
immediately, the hearing will continue as provided for in the following articles.
If the agreement reached was partial, it would be ordered, continuing the hearing
high school.
Defect and defect examination
Art. 298.-The hearing will continue with the examination of any defects alleged by the parties, as soon as they constitute an obstacle to the valid continuation of the process and to its completion by
resolution of substance, including those referred to the fulfillment of some procedural budget relating to the parts, such as the ability to be part and the procedural capacity; to the court, as the internal and external jurisdiction, and the objective, territorial or degree jurisdiction; and to the procedural object, as
the litipendens, the res judicata, the submission to the arbitration, the compromise pending, and the inadequate procedure.
The defects manifested by the defendant in the response to the claim or by the plaintiff in the response to the counterclaim shall be examined.
Insubsable effects
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Art. 299.-Where the defect examined and appreciated by the judge is entirely insubsable, the application shall be rejected as an improachable and, consequently, the file of the proceedings shall be ordered.
Capacity, representation, or bid effects
Art. 300.-If the defects reported and examined concerned the capacity, representation or nomination and are subsable, the Judge shall grant to the party that he committed them a maximum period of five days to proceed to his due correction, suspending to that effect the hearing, unless the party
was in disposition to heal them in the same act. The defects shall be remedied, the hearing shall be resumed or continued, if appropriate.
If the time limit has elapsed, the plaintiff or the reconvient would not have accredited to the Judge the remedy of the defects that he has warned, the demand will be rejected and the process will be terminated with archive of the performances made so far, without prejudice to the right of the party to return
to raise it pretense if this will be possible.
If the remedy corresponds to the defendant and will not be made within the given time limit, the process
will continue its course with the statement of default.
Missing required litisconsortium
Art. 301.-If the defect relates to the lack of the due lytisconsortium, the plaintiff may, in the hearing, submit a statement directing the complaint to the subjects who were not brought to the proceedings, in which case the Judge, if he considers the lack of litisconsortium, will order the new defendants to be employed by
to answer the request, with the hearing suspended.
If the plaintiff objects to the claim of lack of litisconsortium filed by the defendant,
both parties will be heard. And if the Judge considers that such a defect exists, he will grant the complainant a period of ten days to constitute the litisconsortium, and he will send the new defendants to the court, pending the hearing. If the plaintiff does not file the lawsuit against the new
defendants, the proceedings will be terminated and the proceedings will be filed.
When the case goes through a special difficulty, the judge will be able to resolve the issue within the
five days after the hearing, and it is necessary to continue it to fulfill its other purposes.
Litispendor or judged
Art. 302.-When the judgment has been denounced or the res judicata, or the defect is
appreciated ex officio by the judge, the process shall be terminated in the act, ordering the archive of the actions.
However, if the case has a special difficulty, the judge will be able to resolve it within five days after the hearing, which must continue in order to fulfill its other purposes.
Bad procedural path
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Art. 303.-If the procedural path that was being followed, by discrepancy on the nature of the claim, the value of the same or the method of calculating it, is to be reported, both
parties must be heard. The judge shall rule as appropriate in the act, and if the short process is to be followed, it shall cite those parts for the hearing of the same.
Bad Demand
Art. 304.-Where the existence of subsable defects in the application has been denounced
or in the counterclaim, or the Judge has appreciated them ex officio, he shall ask in the hearing for the necessary clarifications or clarifications.
The clarification or clarification is given, and the defects do not allow to determine clearly the claims of the plaintiff, the Judge will dictate order in which the process will end, with archive of the performances. If the defects had been appreciated in the counterclaim, the Judge will exclude it from the process
and will not settle on it in the judgment.
Fixing the pretense
Art. 305.-In the hearing, the applicant may be entitled to make the clarifications, clarifications and concretions which it considers appropriate in relation to the claim deducted in the application or counterclaim. In no case may it alter or modify substantially the same.
The complainant may also add new pretensions to that already raised in his application, but only if they are ancillary to the claim.
If the defendant object to this addition, the judge will admit it only when he understands that it does not mean less for the proper exercise of the right of defense. Admitted the new claims, will be heard
within the hearing to the contrary, for the purpose of exercising its right of defense with respect to the same.
Fixing the terms of the discussion
Art. 306.-Fixed the pretense, both the plaintiff and the defendant will be able to
to carry out as many clarifications, clarifications and concretions create opportune to achieve to establish the most complete and precise fixation of the pretense and the terms of the debate. For these purposes, the Judge may require the parties as many times as necessary in the hearing to clarify the doubtful points
or obscure points contained in the respective initial claims or those made in the hearing pursuant to this article.
Introduction of new or new knowledge
Art. 307.-The parties may make manifest in the hearing any event that is relevant
for the determination of the cause to ask for the pretense or for the fixing of the terms of the debate, provided that such facts have occurred after the time when the initial allegations were made or, if they had occurred before, they had been known to the parties after that moment.
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On new or new facts of knowledge that the admissible judge will be able to propose test in accordance with the rules of this code.
Presenting new documents or reports from experts
Art. 308.-The parties may provide in the preparatory hearing the documents or reports of experts which are necessary in the light of the initial arguments of the opposing party. They may also present those resulting from the clarifications, clarifications and concretions made under the amparo
of the provisions of this code. If the court considers the approach to be an improb, it shall reject it by reasoned order.
The resolution that I accept or reject the new document will not be subject to, without prejudice to the fact that, in the case of the rejection, the petition can be filed again in the second instance chamber, in the appeal of the judgment.
Fixing the test object
Art. 309.-The parties, with the Judge, if applicable, shall set the facts on which there is disagreement, as well as those which are accepted or stipulated by both parties, the latter being excluded from the probative hearing. If there is agreement on all the facts and the process is reduced to a question of law, the preparatory hearing will be terminated and the deadline for issuing
will be opened.
About the facts about which there is disagreement will be given the word to the parties for
to propose the evidence that their right convinces.
Proposition of the test. Judge's decision on his admission
Art. 310.-The parties, in their order, shall communicate to the judge the evidence of which they shall attempt to avail themselves of the evidence. The proposition of the test requires singularizing
the means to be used, with the due specification of its content and purpose to the contrary.
Supported tests that cannot be performed on the evidentiary hearing act must be performed in advance of their initiation.
When the evidence to be applied is only the documentary, the Judge shall pass judgment within the legally fixed period immediately after the preparatory hearing has been concluded or after the documents admitted that have not been held by the party have been brought.
Fixing the date of the evidentiary hearing. Citation of the parties
Art. 311.-The instrumental evidence in which the parties merge their right will be admitted to the preparatory hearing. If the parties would like to provide other instrumental evidence, their admission will be examined at the evidentiary hearing.
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The court will set the date of commencement of the probative hearing, which shall be within sixty days of the preparatory hearing, due to the difficulty of its preparation,
indicating whether more than one session will be necessary. For the communication of the party that did not attend the hearing, and which should have been present, it will be within the provisions of this code.
The parties shall communicate to the court who are the witnesses and experts to be summoned by the judicial office, on the understanding that the other parties shall attend on behalf of the proposing party. The summons shall be made in good time in respect of the date of commencement of the hearing.
The parties shall indicate the evidence to be carried out through judicial assistance.
If before the preparatory hearing was completed, the parties knew the existence of a cause that could motivate the hearing to be suspended on the date set, they would immediately communicate it, setting a new signal if it is a legal cause and it is justified.
CHAPTER THIRD EVIDENTIAL ACTIVITY
FIRST GENERAL RULES ON TEST
Right to Test
Art. 312. -The parties have the right to prove, on equal terms, the statements that
would have made known about the controversial facts that are the basis of the pretense or the opposition to it; to the judge to take into account, in the judgment or decision, the evidence produced; and to use the means that this code provides, as well as those that, given the nature of the debate, make it possible
to check the alleged facts.
Test Object
Art. 313.-The test will have by object:
1 The statements expressed by the parties on the controversial facts.
2nd The custom, provided the parties do not agree on their existence or on
their content.
3rd Foreign law, in terms of its content and validity; it may be worth
the court of how many means of inquiry it deems necessary to ensure its knowledge.
Test Exception
Art. 314.-No need to be tested:
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1 THE FACTS ADMITTED OR STIPULATED BY THE PARTIES. (1)
2nd The facts that are of general notoriety.
3rd The obvious facts.
4th The custom, if the parties are satisfied with their existence and content and their rules do not affect public order.
Test of the right
Art. 315.-The party that supports its claim as a rule of foreign law must prove its content and validity, without prejudice to the fact that the judge can avail himself of any means for his investigation.
Likewise, the party that invokes it must prove unwritten or customary law.
Test Latitude
Art. 316.-The sources of proof must be obtained in a lawful form, leaving the possibility to the parties to denounce their origin or obtain when they are contrary to the law.
The sources of evidence obtained with violation of constitutional rights will not be appreciated by the Judge when he fails, and in this case he must express what the violation consists of.
The practice of evidentiary means contrary to the provisions of the procedural laws shall determine the nullity of the corresponding means. However, the test source may be used provided that its contribution has been made in accordance with the legal rules.
Test Proposition
Art. 317.-The test shall be proposed by the parties in the preparatory hearing or in the hearing of the abbreviated procedure, except for cases expressly excepted in this code.
The proposition of the test requires singling out the means to be used, with the proper specification of its content.
The Judge shall evaluate the requests of the parties, declare which evidence is admissible and reject those which are manifestly impertinent or useless. The decision of the judge shall not be subject to appeal, and the parties may request that their disagreement be recorded in the minutes, for the purpose of bringing an action against
the final judgment.
Test relevance
Art. 318.-No evidence shall be accepted which does not relate to the object of the test.
Test Utility
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Art. 319.-That proof must not be accepted which, according to the reasonable rules and criteria, is not suitable or is superfluous to check the facts at issue.
Test Rejection
Art. 320.-The rejection of the test shall be agreed in duly substantiated resolution. In the light of this rejection, the parties may proceed in accordance with the provisions of this Section.
LOAD OF THE TEST. (1)
Art. 321.-The burden of proof is exclusive to the parties. However, in respect of proof, which
has already been duly and duly provided and contested by the parties, the Judge may order proceedings in order to clarify any obscure or contradictory point; in such proceedings no new facts may be introduced, under any circumstances, nor shall he practice any unintroduced probative means
in a timely manner by the parties.
The parties may stipulate in advance certain facts that are deemed to have been proven,
and shall communicate it in writing to the judge, ten days before the conclusion of the evidentiary hearing or in the act itself of that hearing.
Test Custody Chain
Art. 322.-The chain of custody is intended to prevent the test from being altered, contaminated, or which leads to the identification of objects, substances, documents or any other element
related, directly or indirectly, to him or the facts that are being intended to be tested.
The party that proposes the test may initially establish that the test has not undergone modifications
or alterations during the time it has been found in its custody or power, and that it is the same object, substance, document or other material test, on which, where appropriate, expert analyses would have been carried out.
The above will not be required when dealing with objects that have distinctive features that make them easily identifiable, or when the objects have been properly marked.
The opposing party may accredit the interruption of the chain of custody if it states that the condition of the objects, substances, or documents or other tangible elements related to the fact
or facts in dispute have been substantially altered or contaminated. In this case, the judge or tribunal may reject the test, on the understanding that the mere possibility of a disruption of the chain of custody will not result in the rejection of the test.
Test Assurance
Art. 323.-The parties may request from the Judge that he is aware of the matter of the adoption of the measures that he considers relevant and appropriate to protect or preserve the sources of evidence relevant to them.
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It must be established that there is a risk that human behavior or a natural event could undermine the sources of proof that are sought.
IF THE ASSURANCE IS ATTEMPTED BEFORE THE DEMAND INTERPOSITION, THE JURISDICTION WILL BE THE RESPONSIBILITY OF THE JUDGE WHO MUST KNOW THE MAIN PROCEEDINGS. (1)
Source of test assurance
Art. 324.-The court, by order, will order appropriate measures to ensure the source of evidence if it considers that the assurance refers to a relevant and useful test, which is necessary to keep it available and in conditions for the celebration of the hearing, and that the measure is the
only way to achieve the conservation and availability of the test.
The court may decide that the applicant will provide caution to ensure the possible damages and
damages to the measure. And the person who must bear this may be able to object to it being carried out, offering caution enough to answer that the test can be practiced in its day.
In fixing the amount of the caution, the judge must respect the proportionality, referring to the applicant's assets and the purpose of the process.
Material or tangible evidence accreditation
Art. 325.-The parties shall, by means of testimony, incorporate into the evidentiary hearing the objects, substances, photographs, videos, data storage media, images, voice or
information, as well as any other material or tangible evidence that may provide evidence; and also instruments or other documents, except where they must accompany the claim or the defence thereof.
The party must first prove its relevance to the controversial fact, as well as its sufficiency to support the fact that it seeks to prove.
For the admission of this test class, the party must request that the identification of the relevant material be authorized, show the opposing party the evidence identified and will do so
also to the witness, so that the witness, prior to questioning, establishes the necessary basis for its admissibility. Upon completion of the examination, the party shall ask the judge or tribunal to consider the identified test to be marked and accepted.
After the party offers the evidence, the judge or the president of the court must make a determination on its admissibility, asking the opposing party beforehand if it has objections
in this regard. If not objectionable, the judge or tribunal will make its decision and order that the test be marked as admitted or not admitted, as the case may be.
Admitted the test, the party that would have submitted it will continue with the questioning of the witness on the substantive content of the evidence.
If there is objection to the admission of the test, the party that would have objected must argue and
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legally substantiate before the judge or tribunal the reasons for its objection; or may previously, cross-examine the witness, limiting itself to doing so only on the adequacy of the evidence that this would have
contributed. At the end of the cross-examination, the party shall base its position on the admissibility or inadmissibility of the test.
SECOND TEST PREVIEW SECTION
Source of the test preview
Art. 326.-When, for the circumstances of the case, the loss of a test medium is to be feared
due to the impossibility of reproduction of the facts in the probative hearing, either because of the situation of the persons or the state of affairs, and the process in which it would have occurred, the future plaintiff, or defendant, who intends to establish the existence of a fact, may not have been initiated
The same thing can be done by either party when, finding itself in the process, no
is in the right time to do so.
Test that can be anticipated
Art. 327.-The advance of proof shall be admissible for any means of which this code provides.
Dealing with public or private instruments, the test preview only proceeds when, having already begun the process where they were announced and which is intended to be incorporated, the probative procedural stage has not yet arrived and is subject to the destruction or concealment of the same.
Request for the test preview
Art. 328.-The future plaintiff or defendant, or any of the parties, must present before the Judge competent to know the process or that he is aware of the application for a test, in which the need for its realization must be alleged and justified, referring to
the circumstances that would reasonably lead to the loss of that, without which the judge will reject the request.
If the process to which the test that is being anticipated would have to be incorporated in a timely manner, the test should be started within the month after the test.
Test Advance Procedure
Art 329.-The Proposition and the practice of advance tests will be done conformist to the provisions
in this code for each of them.
For this purpose, when requested prior to the start of the process, the applicant must sufficiently specify the facts justifying his request and designate the person who intends to sue, which
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will be cited in sufficient time to be able to intervene in the extraordinary hearing to be held for this purpose. The advance test may be performed again if at the time of the
evidentiary hearing may be held and some of the parties will request it.
The outcome of the advance test and the record of the extraordinary hearing will remain in the court
where they would have been practiced and will be incorporated into the future process, if it is initiated within the time limit set in the previous article.
If an anticipated testimonial test had been obtained and the witness was available, the witness will appear in the probative hearing and verify his knowledge of the facts in the relevant interrogation. The foregoing shall not take place when the witness is not available to testify at the hearing
evidential because he is in danger of death or has already passed away or is physically or physically prevented from appearing. The advance witness test shall be admissible if the actual possibility of a counter-interrogating to the witness has existed in practice.
CHAPTER FOURTH TEST MEDIA
Evidence Media
Art. 330.-The test may be produced by any of the test-regulated media in
this code.
The means not provided for by the law shall be admissible if they do not affect the morality or liberty
persons or third parties and shall be diligent in accordance with the provisions applying to the regulated media.
SECTION FIRST DOCUMENTS
Public Instruments
Art. 331.-Public instruments are those issued by notary, which gives faith, and by authority or
public official in the exercise of its function.
Private Instruments
Art. 332.-Private instruments are those whose authorship is attributed to private individuals.
Private instruments will also be considered to be issued in which the formalities required by law for public instruments have not been complied with.
Foreign language-drafted instruments
Art. 333.-When the public or private instrument is not in Spanish, it must be accompanied by a translation made in legal form. Translation can be challenged
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for once in the preparatory or probative hearing, as the case may be. The judge or tribunal shall appoint a expert for a new translation.
Authenticity of the instruments
Art. 334.-PUBLIC INSTRUMENTS SHALL BE CONSIDERED AUTHENTIC AS LONG AS THEIR FALSEHOOD IS NOT PROVED.
WITHOUT PREJUDICE TO THE PROVISIONS OF INTERNATIONAL TREATIES, SIGNED AND RATIFIED BY EL SALVADOR, TO MAKE FAITH THE PUBLIC INSTRUMENT, EMANATING FROM A FOREIGN COUNTRY, THE SIGNATURE THAT AUTHORIZES IT MUST BE AUTHENTICATED BY THE HEAD OF THE DIPLOMATIC MISSION,
CONSUL, VICE-CONSUL OR IN CHARGE OF THE CONSULAR AFFAIRS OF THE REPUBLIC, OR IN ITS ABSENCE, BY THE CORRESPONDING OFFICIALS OF THE MINISTRY OF FOREIGN RELATIONS FROM WHERE SUCH DOCUMENTS COME, AND THE SIGNATURE THAT AUTHORIZES SUCH LEGALIZATION WILL BE
OF BEING AUTHENTICATED ALSO BY THE MINISTER OR VICE MINISTER OF RELATIONS EXTERIORS DE EL SALVADOR, OR BY THE OFFICIAL OF THE MINISTRY OF FOREIGN AFFAIRS, WHO, BY MEANS OF AN EXECUTIVE AGREEMENT IN THE SAME CLASS, HAS BEEN GENERALLY AUTHORIZED TO
ELLO.
THEY WILL ALSO MAKE FAITH THE PUBLIC INSTRUMENTS EMANATING FROM FOREIGN COUNTRIES EXTENDED BY MEANS OF PHOTOCOPIES, AS LONG AS THE REVERSE OF THE
MEANS THAT THE FIDELITY OF SUCH PHOTOCOPIES IS RECORDED AND THAT THE FORMALITIES REQUIRED BY THE LAW OF THE COUNTRY WHERE THEY HAVE BEEN EXTENDED HAVE BEEN COMPLETED. THIS REASON SHALL BE SIGNED BY THE COMPETENT OFFICIAL OF THE COUNTRY FROM WHICH THEY COME, AND THE SIGNATURE OF
THIS, AUTHENTICATED IN THE MANNER PREVENTED IN THE PRECEDING PARAGRAPH.
WHENEVER THE JUDGE OR TRIBUNAL, OR THE HEAD OF THE GOVERNMENT OFFICE WHERE THE
INSTRUMENT OR INSTRUMENTS POURED INTO SPANISH ABROAD, ARE PRESENTED, BELIEVE THAT A NEW VERSION IS APPROPRIATE, THEY MAY BE ABLE TO REMEMBER IT, AS ALSO IN THE CASE OF APPLYING FOR A PERSON INTERESTED IN IT; AND THAT NEW VERSION
PRACTICED LEGALLY BY COMPETENT JUDGE, WILL BE THE ONLY ONE THAT WILL BE TAKEN INTO ACCOUNT. (1)
Proposition and presentation of public or private instruments
Art. 335.-The instruments will be presented with the demand or with the answer, according to the
rules established in this code.
Display of public or private instruments
Art. 336.-THE PARTIES HAVE AN OBLIGATION TO DISPLAY THE INSTRUMENTS IN THEIR POSSESSION AND WHOSE CONTENT DEPENDS ON AN ELEMENT OF 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 FOR THE ONE WHO FAILS TO COMPLY WITH A FINE THAT WILL BE SET BETWEEN FIVE AND TEN MINIMUM URBAN SALARIES, IN FORCE, HIGHER. (1)
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The exhibition shall be produced within the time limit specified by the Judge, which shall be as short as possible under the circumstances.
If the document to be displayed will be in the third place, you will be intimated to present it. If I accompany you, you may request your timely return by leaving testimony or copy
authenticated in the case.
Playing instruments
Art. 337.-The party intending to use as evidence an instrument which does not have access to, or has been refused, the copy, shall ask the Judge for his reproduction.
Impeachment of authenticity
Art. 338.-The challenge of the authenticity of an instrument will be made in any state of the process and must be proved, if any, in the hearing.
If this is a new or new information that allows the instrument to be untruthful, it may be challenged before the judgment, provided that it could not have been known at the time.
Authenticity of public instruments. Impeachment
Art. 339.-The authenticity of a public instrument will be checked by its collation with
the corresponding original, which shall be made by the court, which shall be constituted for that purpose in the place where the original is located. This act will be cited by the parties and their representatives and lawyers, in case they wish to attend.
If the above is not possible, the judge-appointed expert-letter collation will be attempted, but only when there is no original and the official or notary who issued the instrument cannot
recognize it. For the collation of letters, the following article shall be used.
Authenticity of private instruments. Letter collation
Art. 340.-The authenticity of a private instrument will be mainly checked by means of the collation of letters by expert appointed judicially.
The collation will be practiced in relation to an instrument that there is no doubt about. And this character shall have the instruments recognized as such by all the parties, the bodies of writing that
appear in public writings, the private instruments that totally or partially contain writing recognized by the one who is credited with the dubious or, at least, his recognized signature, and the signatures registered in banking establishments.
If none of the above assumptions are present, a new body of writing will be created, in the presence of the court, by the one who is credited with the indoubt, and which will serve for the collation. The refusal to form this new body of writing will have the effect that the contested instrument is recognised.
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Instruments evidential value
Art. 341.-The public instruments shall constitute proof of the facts, acts or state of affairs which they document; of the date and persons involved in the instrument, as well as of the official or official who issues it.
Private instruments test fully their content and grants, if their authenticity has not been challenged or has been proven. If it was not demonstrated after the impeachment,
the instruments will be valued according to the rules of sound criticism.
Impaired Instruments
Art. 342.-The broken, burned, scraped or damaged instruments in their substantial part will not make faith in the fact that with them it is intended to establish.
The above will not take place when, despite the configuration of any of the above assumptions, the content of the instrument is intelligible and its meaning is not affected by the deterioration.
Other Instruments
Art. 343.-The provisions contained in this section shall apply when in the process
are provided to use as proof drawings, photographs, drawings, maps, sketches or other similar instruments.
SECTION SECOND STATEMENT
PERSONAL STATEMENT OF THE PARTY ITSELF. (1)
Art. 344.-Each party may request a personal statement on the facts object
of the test.
COUNTER STATEMENT. (1)
Art. 345.-For the purposes of preparing their claim, their opposition to this or their exception, each party may request the judge or tribunal to order to receive the statement of the opposing party or of whom
could potentially be its counterpart in a process.
Subjects that can declare on the part
Art. 346.-The summons of the following persons may also be required for the purposes of making a statement:
1 The representatives of the unable, for the facts in which they have personally intervened in that character;
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2nd The proxies, by the facts performed on behalf of their mandants, while the mandate is in force;
3rd The proxies, by previous facts, when they are represented outside the country, provided that the proxy is expressly authorized for it and the party
contravenes.
Part Facts Statement
Art. 347.-The parties have an obligation to appear and to answer the interrogations of the opposing party and of the Judge, which are about the personal facts. If the party cited to be submitted to the
interrogation in hearing, does not appear without fair cause, the personal facts attributed by the counterparty shall be accepted, unless otherwise proved.
Legal persons will be represented in accordance with the law. Their representatives shall be obliged to answer the interrogations of the opposing party and of the Judge, provided that they relate to events occurring within the period of their representation and within their specific functional competence.
Form of the interrogation
Art. 348.-Questions shall be submitted orally, with due clarity and accuracy, and shall be avoided
containing assessments, suggestions, qualifications or any other type of indication or comment that may be addressed.
When the questioning is from the opposing party, the rules provided for in this code for the cross-examination of witnesses will be applicable.
Question Admission
Art. 349.-The Judge as the questions are being asked, will admit or reject those that do not
comply with the requirements set forth in this section. The proposer party may only record the corresponding protest if a question is rejected.
The reporting party may raise an objection to a question, making a corresponding protest if the court rejects the objection.
Development of the interrogation
Art.350.-The direct interrogation will be done by the party that has proposed the test. The answers
will have to be done directly by the part, of the living voice, without the use of drafts or notes, although it will be able to consult notes or documents, if the nature of the question demands it and the Judge authorizes it, and to which the contrary part must have access.
The answers on the part will have to be clear and precise, but the declarant will be able to add the explanations that he deems appropriate. For clarification, the Judge may ask questions of the declarant.
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In the event that several persons are required to declare on the same facts, the court shall take appropriate measures to prevent prior and subsequent communication between them that may prejudice
the practice of interrogations.
These rules will apply to the practice of cross-examination of witnesses, with the
specialties that are of their own.
Negative to respond. Evasive Responses
Art. 351.-The refusal of the questioner to answer may be considered as recognition of the facts in which he had intervened and that they were harmful to those to whom the questions referred to
the questions, except in the case that he is protected by the ability to keep secret or the right not to self-incriminate for a crime.
What is foreseen in the previous paragraph will also apply when the answers are evasive or inconclusive.
Home interrogation
Art. 352.-Where by illness or by other circumstances the person who is to respond to the interrogation, be a party or witness, cannot appear at the seat of the iten/or, may be agreed, to
the instance of who proposed the test, which provides a statement in his or her home in the place where he is located.
QUESTIONING WILL BE PERFORMED BEFORE THE JUDGE OR TRIBUNAL AND THE OTHER PARTIES MAY ATTEND, UNLESS IT IS IMPOSSIBLE OR THAT THE APPEARANCE COULD RESULT IN SERIOUS HARM, IN WHICH CASE THE PARTIES WILL GIVE THEIR WRITTEN QUESTIONS AND THE ANSWERS
THAT THE QUESTIONING WILL HAVE TO BE PRECISE ABOUT THE FACTS TO WHICH THE QUESTIONING RELATES. THE ACT WILL BE LIFTED AND SIGNED BY ALL ATTENDEES. (1)
Valuation of the evidence of party declaration
Art. 353.-The Judge or tribunal may consider as certain the facts that a party has recognized in the defence of the interrogation, if in them he has personally intervened, provided that such recognition does not object to the outcome of the other evidence.
In other words, the result of the declaration will be appreciated in accordance with the rules of sound criticism.
THIRD WITNESS CROSS-EXAMINATION
Witness interrogation test object
Art. 354.-The parties may propose, as a means of proof, that persons who, without being parties, may be aware of the controversial facts which
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are the subject of the test.
Witness capacity
Art. 355.-Any person, except those who are permanently private,
be a witnessthe fact or to the essential meaning to be aware of the facts which are the subject of the test.
Those under the age of twelve years will be able to give a statement as a stigsif they possess sufficient
discernment to know and declare on the controversial facts of the process.
Witness credibility
Art. 356.-The credibility of the witness will depend on the circumstances or facts that determine the veracity of his statements.
The party that is harmed by a witness's statement may claim to be credible, by any relevant means of proof, based on the witness's behavior while declaring
or in the manner in which he does so; in the nature or character of the testimony, in the degree of capacity of the witness to perceive, recall, or communicate the facts about which he declares, in the existence of any prejudice, interest or other cause of bias that may affect the testimony, or in previous statements or statements of the witness. If a written record or record is presented,
the adverse party has the right to inspect the document, to cross-examine the witness on the subject and to provide evidence against the witness.
The credibility of a witness may be challenged or sustained by proof of its character or reputation. It shall not be admissible evidence to challenge or sustain the credibility of a witness who refers to his religious beliefs, the lack of them or his political convictions.
It loses credibility to a witness when it is established in cars that his deposition is based on a mere judgment of value derived from his particular beliefs.
Reason for knowledge. Reference Tstigode
Art. 357.-The witness must always give reason for his saying, with explanation of the forms and circumstances by which he obtained knowledge about the facts. It shall not attest to the declaration of a witness who has no personal knowledge of the facts which were the subject of the test or when he had known them
by the declaration of a third party.
Witness with specialized knowledge
Art. 358.-If the declarant refers to facts whose knowledge requires a scientific, artistic or practical knowledge, only his statement will be taken into account when he certifies fehaciently to be
connoisseur in the area in question.
Proposition
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Art. 359.-The test by interrogation will be proposed in the form determined by this code. The proposal shall contain the identity of the witnesses, indicating, as far as possible, the name and
surname of each, their profession or trade, as well as any other data that is deemed necessary for their most complete identification.
The position to be taken or any other circumstance that permits identification, as well as the place where it may be cited, may also be indicated.
Witness Presentation
Art. 360.-The witnesses will be presented by the party that proposed them, for which they will be
will give to this a summons of summons that will have to contain the reason of the appeal.
However, at the time of proposing the test the party may request that the
witnesses be judicially cited, in which case the place where the summons can be performed must be stated.
Number of declarants
Art. 361.-The law does not limit the number of witnesses who may appear in the hearing; however, the judge may do so in order to avoid the practice of unnecessary or cumulative proceedings.
For the purposes of the foregoing in the foregoing paragraph, the judge may disregard the testimony of a given fact or point as soon as it is considered sufficiently illustrated.
Witness obligations
Art. 362.-The witness has an obligation to appear at the act of the evidentiary hearing for which he was summoned. If he does not appear and does not offer due justification, a fine will be imposed on him whose amount will be fixed between one and three minimum wages, urban, higher, in force; and he will be able to return to quote
with a warning to proceed against him for the crime of disobedience to a judicial mandate.
The witness is also subject to the obligation to answer the questions asked of him,
under penalty for disobedience to a judicial mandate.
Likewise, the witness has an obligation to tell the truth, with warning prior to his statement
of the penalties in which he may incur as a crime of false testimony. For this purpose, the corresponding precepts of the Penal Code must be read.
Of all their obligations, the witness will be informed in the citation of the summons.
Witness rights
Art. 363.-The witnesses have the right to recover the expenses that the appearance in the process would have caused them, at the cost of the part that proposed them. If the party does not satisfy the compensation within a period of 15 days, the witness may claim the appropriate route of execution.
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When the witness is proposed by several parties, it will be up to all of them, together, to pay the compensation.
WITNESS IDENTIFICATION AND ACCREDITATION. (1)
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
TO YOUR WITNESS AND IDENTIFY BY ASKING YOUR NAME, AGE, FAMILY STATUS, DOMICILE AND OCCUPATION. THE EXAMINATION WILL THEN PROCEED. (1)
Multiple Witness Concurrency
Art. 365.-The witnesses will be examined separately and successively, without some being able
to witness the statements of the others. To this effect, the judge shall fix a single day for the submission of those to be declared, and shall designate the place in which they are to remain until the conclusion of the diligence, so that they cannot maintain communication after the declaration of each one.
If it is not possible to complete the examination of the witnesses in a single day, the diligence will be suspended to continue the next day.
Direct interrogation
Art. 366.-The questions will be formulated orally, with the clarity and precision due, and will make them
first the part that proposed the test. The witnesses will respond orally, directly, and concretely to the questions that are asked of them, and about what they have personal knowledge about. They will not be able to use drafts or notes, although they may consult notes or documents when the nature of the
asks for it and there would be authorization from the judge. The opposing party shall have access to such notes or documents.
In their statements witnesses will not be able to issue opinions or make speculations.
Intergrilling
Art. 367.-Finished direct questioning, if the opposing party expresses its desire to counter the witness, the judge or the president of the court will give the word to the effect, allowing
the suggestive questions.
During the cross-examination, the party that does so may use, documents, minutes of
previous statements of the witness or depositions that it would have rendered and that are about the facts in question, for the purpose of demonstrating or misusing contradictions, or to request the relevant clarifications.
The party that submitted the witness to the direct interrogation will be able to question him again. The opposing party may submit it to another cross-examination. In these last two interventions, they should be limited to asking about new subjects arising from the previous interrogation.
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Question and dynamics of interrogation
Art. 368.-The judge shall moderate the examination of the witness and resolve immediately the objections that the parties have brought.
Clarificatory interrogation
Art. 369.-The judge or the members of the court may ask questions of clarification to the witness,
with the limitations that the duty of impartiality imposes on them. The parties may object to the questions which the judge or the members of the court may ask and, where appropriate, the parties shall be given the opportunity to question the clarification question.
Waiving the duty to respond to the lawyer
Art. 370.-The parties and their lawyers shall have the power to refuse to declare or to provide documentation in a process with respect to a communication held between them.
The faculty provided for in the foregoing paragraph may not be used when:
1The services of a lawyer have been requested or made to plan or commit a crime or act that violates the law;
2nd The communication is relevant in a dispute in which it is intended to show that the lawyer violated his duty of confidentiality to his client; or
3rd The client would have relieved his lawyer of the duty of confidentiality.
Waiving the duty to respond to the physician
Art. 371.-The patient and the physician shall have the right to refuse to testify as a witness
or to provide documentation or information in a process concerning the professional relationship. In addition, they have the right to prevent another person from disclosing confidential communication between them.
You cannot use the faculty provided in the preceding paragraph when:
1. A doctor's services were requested or obtained to plan or commit a crime
or an act that violates the law;
2nd. The information is essential to decide a controversy about the status or capacity
of a patient;
3rd. It would be necessary to disclose the communication as evidence on the conduct of a defendant
or plaintiff in the litigation;
4th. Information was essential in cases of civil liability for medical malpractice;
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5th. Communication is relevant to resolve a dispute in which obligations arising from a health care service are claimed, whether or not there is a contract, and when
refers to insurance with coverage of any medical or medical-surgical service;
6th. The communication was relevant in a controversy where the doctor would have violated
his duty of confidentiality to his patient; and,
7th. The client would have relieved his doctor of the duty of confidentiality.
Other exemptions from the duty to declare
Art. 372.-A priest has the right to refuse to testify or to reveal the knowledge obtained in confession; and any religious minister shall have the same right in matters of conscience.
The communication between a public accountant and his client, or between an auditor and his client, will be subject to the provisions of the law of the matter. This information may be disclosed by law or by
court order.
The owner of a business or business secret and the owner of a patent or his licensee have the power to refuse to disclose it. They also have the right to prevent or prevent you from disclosing it
one of your employees. However, testimony to such secrecy shall be permitted where necessary to prove a fraud of law, a crime, a violation of intellectual or industrial property law or to resolve any other dispute, in the judgment of the judge or tribunal to discover
the truth about the facts in dispute.
The same applies to those people who are required by their profession or trade
to keep secret.
Statement outside the court site
Art. 373.-Where, by reason of illness or other particularly justified circumstances, it is impossible or too burdensome for the witness to appear in the seat of the court, he may agree to declare in
his domicile or the place where he is, at the request of the person who has proposed it.
If the person whose deposition is intended is outside the territorial constituency of the
court, the judge must move to the respective place.
The rest will be applied to the party's home statement assumption.
Effects of the violation of privilege
Art.374.-Any evidence obtained in violation of the obligation of professional secrecy shall be excluded from the process and shall in any event be of evidentiary value.
SECTION FOURTH
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PERIAL TEST
Provenance of the Expert Test
Art. 375.-If the appreciation of some controversial fact in the process requires knowledge
scientists, artistic or some specialized technique, the parties will be able to propose the practice of expert proof.
Every expert shall state in his opinion the promise or oath to speak truth, as well as the fact that he has acted and acted with objectivity.
Expert opinion content
Art. 376.-The expert opinion shall be circumscribed to the points proposed as the object of the skill
and must conform to the rules that exist on the science, art or technique. In addition, it should be reported on the different positions or interpretations possible in the specific case.
Part time
Art. 377.-Each party has the right to appoint its own expert and to have the corresponding opinion, which shall be accompanied by the respective claims, in the
moments determined by this code.
Parts Agreement
Art. 378.-The parties, by common agreement up to the preparatory hearing, may submit a document in which they propose experts and points of expertise. The opinion shall be given on the points indicated
by the parties.
In this case, the expenses occasioning the issuance of the expert opinion will be satisfied in parts
equal by the plaintiff and the defendant, without prejudice to the judgment in costs.
Expense of expenses
Art.379.-If the proposed expert requests it within the third day of the acceptance of the charge, the parties who have proposed the test must deposit the sum that the court establishes as a provision of
funds, in accordance with the judicial tariff, for expenses of carrying out the expertise.
This amount must be deposited within the fifth day counted from the next day of the
notification of the decree ordering it, and will be delivered to the expert without prejudice to what is ultimately resolved with respect to the costs and the payment of fees. Failure to deposit within the deadline will involve withdrawal of the test.
Judicial Period
Art. 380.-The parties may propose the appointment of a judicial expert whose opinion
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consider it necessary or appropriate for the best defense of your interests. The court will commission a technical expert in the field.
Moment of the judicial expert trial proposition
Art. 381.-Where the party seeks the appointment of a judicial expert in limine litis, and the urgency of the case so requires, it must indicate in the corresponding initial submission, with the identification of the object of the test.
The court, if you consider that the test is relevant and useful, must proceed with the appointment of the expert within three days from the conclusion of the notice to answer the complaint,
regardless of which party has requested the judicial expertise.
The parties may also propose the expert expert trial judicially appointed during
the preparatory hearing or the only hearing of the abbreviated process, cases in which the court will appoint it without further processing, if it considers the relevant and useful evidence.
The judicial designation of the expert shall contain the period granted to the expert for the conduct of the relevant opinion.
Points of expertise
Art.382.-By proposing the expert test and the appointment of a judicial expert, the party will indicate the specialization that the expert has to have and propose the points of expertise.
The other party will be able to express what has come about in relation to the specialization of the expert, as well as to propose other points that in his opinion should also constitute the object of the opinion, and to observe the opportune
on the origin of those mentioned by whom he proposed the test.
The court will rule on the points to which the expert opinion should refer to the view of
the allegations made by the parties.
Ability to be Pert
Art. 383.-They may be designated experts who hold official title in the matter, science or art in question. If the object of the skill is not covered by an official title, the expert shall be appointed
among persons understood in the field.
Number of Perps
Art. 384.-A single expert shall be sufficient to have established the facts that are reversed in the process, unless the parties agree to designate more than one, and provided that they agree on
the designation of all those who are to be appointed.
Appointment and acceptance of the expert. Recusal
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Art. 385.-The expert who has been appointed by the judge shall be appointed by the judge to carry out the examination. Within three days, such appointment will be communicated to the expert, that
must accept the order and will take the oath or make a promise to perform well and faithfully the commission.
The designated expert may be excused if one of the reasons for abstention is present. The
court will proceed to appoint another one within three days of the reception of the abstention.
The expert appointed judicially may be challenged no later than the following three days
upon his appointment, when for his relations with the parties or with the object of the process or, for any other reasonable cause, there are doubts about his impartiality; in this case, the appointment of another expert should proceed, in accordance with the previous paragraph.
Expert opinion
Art. 386.-The expert shall submit the opinion in writing and forward it to the judge and the parties within the given time limit, which shall end at least 10 days before the conclusion of the hearing.
Perician test practice
Art. 387.-In the light of the expert opinions of the expert's expert or the opinion of the
expert
the parties may request the appearance of the expert at the hearing, in order to question him.The judge will cite the expert for the day and time of the probative hearing.
In the hearing, the parties, beginning with the one who presented to the expert or with whom the expert
judicial, may request that the expert issue the opinion, clarify it, illustrate it, answer specific questions about the method followed, premises, conclusions and all those extremes that can contribute to clarify and better understand his opinion.
Concluded the examination, the opposing party will have the right to cross-examine.
The judge may at any time interrogate the expert on some point from which greater clarity is required, at his discretion.
PERITO INAPPEARANCE. (1)
Art. 388.-If the duly cited expert does not appear, and does not provide sufficient justification,
a fine will be imposed on him whose amount will be set between five and ten minimum urban wages, which are higher, in force, and he will be able to quote him again with a warning to proceed against him for the crime of disobedience to a judicial mandate.
The expert has an obligation to answer the questions asked of him, and in refusing to do so, he is liable for disobedience to a judicial mandate.
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The non-appearance of the expert shall leave the opinion submitted without validity.
The probative value of the expert test
Art. 389.-The expert test will be assessed according to the rules of the sanacritics, taking into
account the expert's good, the content of the opinion and the statement poured into the probative hearing, as the case may be.
SECTION FIFTH JUDICIAL RECOGNITION
Provenance of the Judicial Recognition
Art. 390.-If for the clarification of the facts it is necessary for the judge to recognize by itself
a person, an object or a place, it will be possible to propose this means of proof.
The judge will be able to order the judicial recognition of its own motion when it considers it necessary to dictate
judgment.
Proposition
Art. 391.-Judicial recognition must be proposed in accordance with the rules contained in this code.
Judicial recognition practice
Art. 392.-When the recognition of a person or an object is intended, it must be carried out
in the audience; and the corresponding examination shall be carried out without further consideration, and the state in the person or in which the object is located should be described in an orderly and intelligible manner. Any party may object at any time to the description referred to.
If the recognition refers to a property, it will be noted day and hour for its practice, which will be performed before the probative hearing, with prior appointment of the parties.
Faculty to delegate your realization
Art. 393.-If it is not possible to practice the recognition at the seat of the court, the judge will move to the place where the person or the object of the recognition is located. The parties may participate in the act of judicial recognition and make the observations they deem appropriate and relevant.
When the object of the recognition is outside the territorial district of the court, the judge shall move to that place or commission the practice of the diligence by a procedural commission.
Joint judicial recognition practice with the expert test and testify
Art. 394.-If you consider it appropriate, the judge may order the judicial recognition along with the
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expert recognition or witness statement.
Recognition Act Content
Art. 395.-When the recognition will be held outside the seat of the court, the minutes will be drawn up
in which it will be incorporated:
1. Place and date of the diligence.
2nd. The court ID that carried out the diligence.
3º. The identification of the people who participate in the diligence and the quality in which they do it.
4th. The finding that the facts have been verified.
5th. The signature of the concurrent, if they could and knew.
SIXTH MEDIA PLAYBACK OF SOUND, VOICE, OR IMAGE
AND INFORMATION STORAGE
Image or Word Media
Art. 396.-The means of reproduction of the sound, the voice, the data or the image may be proposed as means of proof.
Information storage media
Art. 397.-Data or information storage resources may be proposed as
test media.
For this purpose, the tapes, discs, or other means in which the material is contained
shall be provided. When the other party so requests, the media in which the information is stored shall be taken to the judicial headquarters.
If the transfer is not possible, the judge will go to the place where the information is found, on the appointment of parties.
Proposition
Art. 398.-The proposition as proof of the means of reproduction of the sound or of the image,
as well as the magnetic or computer media where information is stored, must be done as prescribed in this code. The proposer shall indicate the place where the material is for the judge to require or to be in that place.
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Need for playback in audience
Art. 399.-The party seeking to use this means of proof shall refer to the court and to the opposing party copies of the materials the use of which he requests, except that this shall be unduly burdensome or not at his disposal. In this case, the judge will order their display and input to the
process.
The sound or image reproduction media and information storage must
be exposed to the audience, if necessary.
For this purpose, the party must make available the technical support where it consists and the media
that allows to evidence its content. If the transfer of the instrument where the information is stored is not possible, the judge and the parties shall move to the respective place.
Need for expert help
Art. 400.-If in order to put into practice the recording or duplication is required, in addition, of
specialized knowledge, the judge will be able to designate an expert for that single effect. The same applies in case of stored information.
The parties, if necessary, will be able to request the judge to appoint an expert, at the expense
of who proposes it.
In either case, the opinion must be delivered in the same hearing and in the same voice;
and both the judge and the parties will be able to ask the questions they deem appropriate, when some point would not have been clear.
Impaired playback media
Art. 401.-The means of reproduction of the image or sound, as well as those in which
is stored some information, that they will be totally or partially destroyed will not make faith with respect to the fact that it is intended to prove.
But when its content is intelligible and its meaning is not affected by the deterioration, it will not apply what the previous paragraph states.
CHAPTER FIFTH EVIDENTIARY HEARING
evidential Hearing
Art. 402.-The probative hearing shall be initiated on the day and time indicated, and shall have as its object the
oral and public conduct of the means of proof which would have been admitted.
It will begin with the reading of that part of the judgment given in the preparatory hearing in which the object of the process, the controversial facts, and the admitted test were fixed.
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Production of the test
Art. 403.-The evidence shall be produced in the hearing, except for the exceptions provided for in this code, in which case the necessary measures shall be taken for proper documentation to ensure the appropriate effects. And they must be practiced concentric, unless it is impossible by the
nature of the probative environment.
Separate evidence from the evidentiary hearing
Art. 404.-When the evidence is to be carried out separately from the act of the evidentiary hearing, the court shall, in due time, announce to the parties the day and time at which it shall proceed to such diligence.
If, in addition, you have to practice outside the seat of the court, the place will be indicated. The parties shall have the right to intervene in the production of these tests.
If the test cannot be performed at the hearing, it will be sought, if possible, to produce it before it is held.
Appearance of the parts
Art. 405.-The parties must appear before the hearing. When both parties cease to attend, the judge will terminate the proceedings without further processing.
If only one of them is present, the celebration will proceed; and if his statement has been proposed, the facts of the questioning will be taken for certain reasons.
Testing practice
Art. 406.-Each party, first and foremost, the applicant, may present the evidence which it has proposed, in such a way as to make it more appropriate for its interests. The judge shall agree to this when it does not prejudice the conduct of the hearing or undermine the right of defence of the opposing party.
IF A WITNESS OR EXPERT DOES NOT APPEAR, 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 ATTORNEY GENERAL OF THE REPUBLIC. (1)
Objections. Provenance
Art. 407.-The parties may object to the evidence intended to be entered into the hearings in violation of this code. The objections that are brought in need to be timely and
specific. The party making an objection must base it. If the hearing is not held in a timely manner, it shall be understood that this right has been waived.
The judge or tribunal shall base the admission or rejection of the objection. Parties
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may appeal for revocation of the decision of the judge or tribunal.
Objections to questions asked during interrogations
Art. 408.-One party may object to the questions raised by the contrary,
during the interrogations of the parties, witnesses or experts, when such questions are impertinent, suggestive, repetitive, captious, composite, speculative or ambiguous; when the question asked assumes facts on which no evidence has been presented previously; all without prejudice to
other objections may be raised.
Objections to witness or expert responses
Art. 409.-The parties may object to the responses of witnesses or experts when they consist of a reference test, when an opinion is issued without having been qualified as a expert
or an expert who pours it, or when the witness answers beyond what has been asked of him. The same shall be observed when the party is involved.
Objections to the behavior of the parts
Art. 410.-EITHER PARTY MAY LODGE A DISPUTE WITH THE JUDGE OR TRIBUNAL ON THE CONDUCT OF THE OPPOSING PARTY, IF IT DOES NOT CORRECTLY CITE WHAT
HAD DECLARED A WITNESS DURING THE INTERROGATION; IF IT BEHAVES IN A MANNER THAT IS DISRESPECTFUL TO THE WITNESS OR EXPERT, OR DOES NOT ALLOW THE WITNESSES TO ANSWER THE QUESTION WHEN THEIR RESPONSE IS IN ACCORDANCE WITH THAT QUESTION; OR A PART OF THE RESPONSE OF THE
WITNESS AND THE CONTRARY OBJECT WITHOUT FOUNDATION. THE PARTIES MAY MAKE OTHER RESERVATIONS WHICH THEY CONSIDER APPROPRIATE. (1)
CHAPTER SIXTH CLOSING ARGUMENTS AND STATEMENT
End Allegates
Art. 411.-Concluded the practice of the test and before the end of the evidentiary hearing, it will be
grant the floor to the parties, in their order, beginning with the applicant to make their final arguments.
THE JUDGE OR TRIBUNAL SHALL SET THE PRUDENTIAL TIME FOR THE FINAL PLEADINGS, IN ACCORDANCE WITH THE COMPLEXITY OF THE CASE, WITHOUT IT BEING LESS THAN ONE HOUR, NOR GREATER THAN THREE HOURS, FOR EACH OF THE PARTIES, UNDER PENALTY OF NULLITY. HOWEVER, EACH PARTY
MAY USE A SHORTER PERIOD THAN IS ASSIGNED TO IT, IF IT IS APPROPRIATE TO DO SO. JUDICIAL DECISIONS ON THE TIME OF THE PLEADINGS WILL ADMIT RECOURSE TO RECALL IN HEARING. (2)
Content and form of closing arguments
Art. 412.-The pleadings will be displayed orally, to fix, concretely and definitively adjust
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both the facts alleged and the claim, in view of the outcome of the practice of the tests. No pleadings involving a change in the claim, as set out in
the preparatory hearing; but any non-essential clarifications, modifications or rectifications, which are reasoned as logically derived from the outcome of the probative hearing, shall not be admissible.
The parties, in exposing their allegations, will clearly and clearly relate the facts they consider to be proven, with indication of the evidence that they prove to be proven. They will also be able to argue about the lack or the inadequacy of the evidence regarding the facts alleged by the opposing party; as well as what
at their discretion are uncertain.
The parties may also refer to the applicable law grounds of
compliance with the evidentiary outcome of the hearing.
The judge or tribunal may request clarifications that you understand relevant, during the course of
the pleadings or their termination.
The judge or tribunal may ask the parties to inform you about the eventual concurrence of
other legal titles, without altering the cause of asking.
Except when this code provides otherwise in particular cases, if the request is for a payment of a sum of money, the liquid amounts that are finally
will be set precisely.
Final pleadings will be terminated, the judge will lift the session and terminate the hearing
evidentiary. From that point on, the deadline for sentencing will begin.
Objections in Final Arguments
Art. 413.-The party may object to its contrary, if it intends to introduce elements of conviction that do not result from the means of proof practiced in an evidentiary hearing.
Legal Presutions
Art. 414.-When the law establishes a presumption, the person to whom it favors will be exempt from proof of the alleged fact when the facts on which it is based are proven.
If the legal presumption admits proof to the contrary, the evidentiary activity may be directed both to show that the evidence proved to induce a different fact or to none, and to carry out the counter-test of such indicia to establish its inexistence.
In cases where the legal presumption admits proof to the contrary, the judgment must justify and reason the arguments that have led the court to the concrete decision on whether the fact
alleged is the consequence of the indicia.
Judicial Presutions
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Art. 415.-The judge or tribunal may presume the existence of a fact from the evidence proved during the probative hearing. This presumption will constitute proof of evidence only if it is founded
in proven facts, or when such indications, for its accuracy, gravity, number and agreement are capable of producing the judicial conviction, in accordance with the rules of sound criticism.
When a fact that is declared proven in the judgment is based on judicial presumption, it will be mandatory for the judge to establish the rational and argued link that would have led him to establish it, based on the evidence proven.
Judicial presumptions will always admit proof to the contrary, aimed at proving that proven evidence leads to different or none. And it will always be possible to practice a test aimed at establishing
counter-proof of the evidence in which a judicial presumption could be sustained.
Test assessment
Art. 416.-The judge or tribunal shall assess the test as a whole in accordance with the rules of sound criticism.
However, in the documentary evidence, the provisions on the value of the price will be available.
The judge or tribunal must attribute a value or meaning to each particular test, determining
whether or not to establish the existence of a fact and the manner in which it occurred. Where more than one test has been submitted in order to establish the existence or mode of the same event, the evidence must be assessed in common, with particular reasoning and reasoning.
Statement
Art. 417.-FOLLOWING THE CLOSING ARGUMENTS, THE JUDGE OR TRIBUNAL SHALL ISSUE THE JUDGMENT OF THE JUDGMENT AND A BRIEF STATEMENT OF REASONS FOR THE JUDGMENT, UNDER PENALTY OF NULLITY. IF THE COMPLEXITY OF THE CASE WARRANTS IT, THE JUDGE OR TRIBUNAL MAY INTERRUPT
THE HEARING FOR A MAXIMUM OF THREE WORKING DAYS, AGAIN QUOTING THE PARTIES WITHIN THAT PERIOD, TO ANNOUNCE THE RESPECTIVE RULING. THE JUDGMENT THAT MUST RESOLVE ALL THE ISSUES RAISED IN THE PROCEEDINGS WILL BE DELIVERED WITHIN THE NEXT FIFTEEN DAYS
AT THE ORAL DELIVERY OF THE JUDGMENT AND WILL BE NOTIFIED TO THE PARTIES WITHIN A PERIOD NOT EXCEEDING FIVE DAYS SINCE IT WAS ISSUED. (2)
Failure to comply with the deadlines set out above will cause the judge or tribunal to pay a fine, the amount of which will be a minimum wage, urban, higher in force for each day of delay.
Where the conviction is sought for the payment of benefits or interest to be paid on a regular basis, the judgment may include a statement obliging the payment of those to be paid after the time at which the payment is made, provided that the applicant so requests in the request.
The payment of an unspecified amount may be requested by way of exception, and in this case the judge will dictate the sentence with a declaration that the amount will not be determined by means of enforced execution, but by the corresponding declarative process.
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TITLE THIRD THE ABBREVIATED PROCESS
CHAPTER FIRST LAWSUIT
Simplified Demand
Art. 418.-The abbreviated process will begin with simplified demand, formulated in writing, which should contain the following:
1. The designation of the court before whom it is presented.
2nd. The identification of the plaintiff, the defendant and those other interested parties who
must be called to the process, as well as their addresses for the purposes of the notifications.
3º. A sufficient enumeration of the facts justifying the reason for the request.
4th. The corresponding request.
5th. Date and signature.
Of the demand and documents accompanying it will be filed as many copies as defendants and others interested in the process, plus one.
Proposition to practice before the hearing
Art. 419.-If the applicant intends to propose as evidence the judicial recognition, and must be carried out outside the court, he shall be warned in the application, in order that it can be verified before the hearing, heard by the defendant on such an extreme.
Special build rule
Art. 420.-In abbreviated proceedings, the plaintiff may not make the objective accumulation of claims, except in the following cases:
1. Where the claims accumulated are based on the same facts, the abbreviated process must be followed in any case.
2nd. Where a claim for damages is exercised in respect of any other claim which is a preliminary ruling.
It will be necessary for the court that must know of the accumulated claims to be competent objectively and functionally to know all of them and that the accumulation is not prohibited by law.
In the rest, the rules of subjective accumulation of pretensions and accumulation will be in place
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of cars regulated in this code.
Admission of simplified demand
Art. 421.-The judge will proceed to resolve by means of order on the admission of the demand
simplified within five days from its presentation. If it finds, after examination of the procedure, that all the procedural budgets are met and that it has no defects, it shall give an order of admission.
Defect Subhealing
Art. 422.-If the claim had subsable defects, the judge would warn the party about them,
granting him five days to subsane them, with a warning that, if he did not do so, he would declare it inadmissible. But if the defects in the complaint were to be insubsainable, the judge would dictate to self-declare it impromical.
Audience pointing
Art. 423.-If the application is accepted, the judge shall indicate, in the same order of admission, the day and time at which the hearing shall take place, which shall be held within a minimum of ten days between the summons and the effective conclusion of the said act and a maximum of twenty.
The celebration of the hearing will take place on a single call. To this end, the applicant, as well as the defendant and other interested parties referred to in the complaint, shall be summoned to the summons, accompanied by a copy of the complaint and other documents submitted with it.
In the citation, it will be stated that the hearing will not be suspended because of the defendant's failure to appear, and that the parties have to compete with all the means of proof that they attempt to avail themselves.
Reconvention
Art. 424.-In the abbreviated procedure, the counterclaim approach by the defendant will be made in the hearing. Furthermore, it will be required that the claim deducted in the counterclaim must also be dealt with by the abbreviated process and that there is a connection between the claims of the counterclaim
and those that are the subject of the main claim.
CHAPTER SECOND
AUDIENCE
Inappearance of the parts
Art. 425.-If the plaintiff cited in a manner does not appear to have nor has alleged cause to motivate the suspension of the hearing, he shall be given a withdrawal of his request, provided that the defendant does not
claim legitimate interest in the continuation of the proceedings. This withdrawal will mean that the costs caused will be imposed on you, and you will be ordered to pay compensation to the defendant, if he so requests and you will prove the damages suffered.
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The defendant's unjustified failure to appear shall not preclude the holding of the hearing, which shall continue without the need to declare its default.
Reconciliation Attempt
Art. 426.-The judge, who is a public hearing, will try to ensure that the parties reach an agreement that can avoid prosecution.
Allegations
Art. 427.-If there is no compromise, then the hearing will be followed,
granting the word to the complainant to ratify, expand or reduce his/her demand, although in no case can he make substantial variation.
The defendant will answer, first of all, how many procedural defects it deems appropriate, and subsequently by stating or in particular denying the facts and the grounds for the right of the claim. The defendant may then make counter-claim.
The plaintiff will answer alleged procedural defects and counterclaim. It may also raise questions relating to the person's personality and representation.
The parties will use the word as many times as the judge deems it appropriate.
If no procedural exception is accepted, the one who has formulated them may ask for the record to be recorded
in order to appeal against the ruling.
Test
Art. 428.-The parties, starting with the plaintiff, shall then propose the evidence of which they intend to avail themselves in respect of the facts on which there is no conformity; and the judge
shall admit the relevant and relevant.
The parties may request, at least three days in advance of the hearing date, those
evidence that, in order to be practiced in the hearing, require summons or summons.
For the testing practice, the common process will be ready.
End Allegates
Art. 429. THE PARTIES SHALL ORALLY FORMULATE THEIR FINAL ARGUMENTS. THE JUDGE OR TRIBUNAL SHALL SET THE PRUDENTIAL TIME FOR THE FINAL PLEADINGS, IN ACCORDANCE WITH THE COMPLEXITY OF THE CASE, WITHOUT THE LATTER BEING LESS THAN ONE HOUR,
OR MORE THAN THREE HOURS, FOR EACH OF THE PARTIES, UNDER PENALTY OF NULLITY. HOWEVER, EACH PARTY MAY USE A PERIOD OF LESS THAN THAT WHICH IS ASSIGNED TO IT, IF IT CONSIDERS IT APPROPRIATE. JUDICIAL DECISIONS ON THE TIME OF THE PLEADINGS WILL ADMIT RECOURSE TO RECALL IN HEARING. (2)
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Statement
Art. 430.-THE HEARING SHALL BE TERMINATED, AND FOLLOWING THE CLOSING ARGUMENTS, THE JUDGE OR TRIBUNAL SHALL ISSUE THE JUDGMENT OF THE JUDGMENT AND A BRIEF STATEMENT OF REASONS FOR THE JUDGMENT, SUBJECT TO A DECLARATION OF INVALIDITY. IF THE COMPLEXITY OF THE CASE WILL MERIT IT, THE JUDGE OR TRIBUNAL
MAY INTERRUPT THE HEARING FOR A MAXIMUM OF THREE WORKING DAYS, AGAIN QUOTING THE PARTIES WITHIN THAT PERIOD, TO ANNOUNCE THE RESPECTIVE RULING.
IF IT ALLOWS THE FACTUAL AND LEGAL COMPLEXITY OF THE PROCESS IN QUESTION, THE JUDGE OR TRIBUNAL MAY ISSUE THE FULL SENTENCE ORALLY.
IN ANY CASE, IT HAS TO GIVE JUDGMENT WITHIN THE FIFTEEN DAYS FOLLOWING THE COMPLETION OF THE HEARING. FAILURE TO COMPLY WITH THIS DEADLINE SHALL MAKE THE JUDGE RESPONSIBLE FOR THE PENALTY SET OUT IN ARTICLE 417 OF THIS CODE. (1) (2)
TITLE FOURTH THE PRECAUTIONARY MEASURES
CHAPTER FIRST PROVENANCE AND CLASSES
Application Universality
Art. 431.-In any civil or commercial process, the plaintiff may request the adoption of the
precautionary measures deemed necessary and appropriate to ensure the effectiveness and enforcement of the eventual judgment.
Part Instance
Art. 432. -The precautionary measures will only be decreed at the request of the party, under the responsibility
of the one requesting them.
The judge will not be able to order other precautionary measures that are more burdensome than those requested; however,
depending on the circumstances, you may agree to those that, being as appropriate as the orders, are less onerous for the defendant.
Budgets
Art. 433.-The precautionary measures can only be taken when the applicant justifies
duly that they are indispensable for the protection of their right, because there is danger of injury or frustration of the same because of the delay of the process; and this in the sense that, without the immediate adoption of the measure, the sentence that eventually considers the pretense would be impossible or very
difficult to execute.
The applicant shall provide appropriate evidence of the good appearance of his/her right, and to do so shall provide the judge with elements to enable him, without prejudice to the merits, to consider that the
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existence of the right, as claimed by the applicant, is more likely than its non-existence.
Accreditation of the appearance of good right and of danger, injury or frustration shall be justified in the application, in the most relevant and appropriate form.
Time to Request Precautionary Measures
Art. 434.-The precautionary measures may be requested and adopted in any state of the process,
and also as a preliminary diligence on the demand interposition. In this case, such measures shall lapse in full if the application is not filed within the month following its adoption, without prejudice to the provisions of international treaties in force; and in this case the petitioner shall be
sentenced to the payment of all costs of the process and the damages caused.
Precautionary measures in arbitral and foreign processes
Art. 435.-The one who proves to be a party to an arbitration process initiated in El Salvador may request from the judge the adoption of the relevant precautionary measures.
As they are dealt with by judicial or arbitration proceedings pending in another State, the one who proves to be a party to them may request from the Salvadoran judge the adoption of precautionary measures with respect to the property or acts that are being carried out in El Salvador, in accordance with the applicable treaties.
Catalog of precautionary measures
Art. 436.-The adoption of the following precautionary measures may be requested:
1st. The preventive asset embargo;
2nd. The intervention or judicial administration of productive assets;
3rd. The hijacking of furniture;
4th. The formation of inventories of goods, under the conditions that the court has;
5th. The preventive annotation of the demand, and other log records;
6th. The court order to temporarily cease an activity, to temporarily refrain from any conduct or not to interrupt or cease, also on a temporary basis, a benefit;
7ª. The intervention and deposit of income obtained through an activity that is considered illegal and whose prohibition or cessation is sought in the application;
8th. The temporary deposit of copies of the works or objects that are reputed to be produced with infringement of the rules on intellectual and industrial property, as well as the deposit of the material used for their production and the consignment or deposit of the quantities
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to be claimed in the concept of intellectual property remuneration;
Other precautionary measures
Art. 437.-Without prejudice to the provisions of the foregoing Article, the adoption of other
measures may be requested to be considered necessary to ensure the effectiveness of the judicial protection that may be granted in the judgment, as well as those expressly provided for by the laws for the protection of certain rights.
Source of the preventive embargo
Art. 438.-The creditor of debt in money, or in fruits, income and fungible things convertible into money by application of certain prices may be requested.
They are supposed to apply for the preventive embargo:
1 That the debtor has no domicile in the Republic.
2. The existence of the credit is demonstrated with a public or private instrument attributed to the debtor, or by a bilateral contract of existence justified when the creditor has complied with his or her party, or offers the fulfilment or the obligation to be within the time limit.
3That the debtor's intention to dispose, hide or transport his assets to the detriment of the guarantee is credited, even if the debt is subject to the term or condition; or that it is
justifies the appreciable decrease in the creditworthiness of the debtor after the obligation, for any cause.
4. May be sued for damages arising from harmful events and the defendant shall not count on liability insurance; or that, in the event of such insurance, the insurance company is in the process of liquidation at the time of the commencement of the
process or in the form of an overcome.
Outside of the cases in the previous paragraph, the preventive embargo will also be taken if it results in
an appropriate and non-replaceable measure of equal or superior effectiveness and less onerous for the defendant.
General inhibition of availability
Art. 439. In cases where there is a place on which the debtor is not entitled to know the amount of the claim, the general inhibition of selling or taxing his assets, which shall be left without effect when sufficient assets are to be presented, or if sufficient caution is to be paid
may
be made in cases where the debtor's assets are not known or because they do not cover the amount of the claim claimed.The person applying for the precautionary measure must express the name, surname and address of the debtor, as well as any other data which may be individualised to the inhibited, without prejudice to the other requirements imposed by the laws.
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Inhibition of disposal shall only take effect from the date of its annotation, if any; except in the cases where the domain was previously transferred, in accordance with the provisions
in the general legislation.
This inhibition will not give preference to other precautionary measures noted later.
Source of the intervention and judicial administration
Art. 440.-In addition to the intervention or judicial administration authorized by the substantive laws, which is subject to the regime established by them, such a measure may be made available when a sentence is sought to condemn the surrender of property, usufruct or any other that implies interest
legitimate in maintaining or improving the productivity, or when the assurance of this is of primary interest to the effectiveness of the conviction that may fall, and it is not possible to guarantee the rights of the creditor by means of other measures less burdensome for the right of property.
General system of judicial intervention or administration
Art. 441.-The decision providing for an intervention or judicial administration shall necessarily fix its period, which may be extended by the justification of its need, and the powers of the financial controller or administrator, which shall be limited to those strictly necessary to ensure the right to be invoked, and shall, where possible, ensure the continuation of the holding.
The court shall determine the remuneration of the financial controller or administrator, which shall be paid by the petitioner or by the estate involved, if there are circumstances that determine it; and such remuneration shall be charged
to which it is fixed as an honorary final, without prejudice to what is ultimately decided with respect to the party that must bear the payment.
Kidnapping provenance
Art. 442.-The sequestration of the movable property that is the object of the process shall proceed when
delivery is sought
found in the power of the defendant, provided that instruments are presented that make credible the right whose effectiveness is to be guaranteed.It will also proceed with the same condition, as it is indispensable for the keeping or preservation of things in order to ensure the outcome of the sentence.
The judge shall appoint a depositary to the official institution or person best suited to it, determine its remuneration and order the inventory, if necessary.
Demand logging
Art. 443.-It will be appropriate to log the claim when a claim is made that
may have as a consequence the modification of an inscription in the corresponding record.
Ban on innovating and hiring
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Art. 444.-The prohibition of innovation in any kind of process may be decreed if there is a danger that, when altered, if any, the situation in fact or in law, such modification could influence
in the judgment or render its execution ineffective or impossible; and provided that the caution cannot be obtained by another precautionary measure.
When by law or by contract, or to ensure the enforced execution of the goods subject to the process, the prohibition of hiring on certain goods, the judge will order such a measure. To this end, it shall identify what is the subject of the prohibition, and provide that the relevant records are entered in
and the interested parties and the third parties mentioned by the applicant are notified.
The measure will have no effect at any time when its inoperative or
is proven to be useless for the purposes of the process.
CHAPTER SECOND
ADOPTION OF PRECAUTIONARY MEASURES
Rules for applying precautionary measures
Art. 445.-The precautionary measures must be effective and conducive to their end, and be less burdensome or detrimental to the defendant, without the plaintiff obtaining more than he would obtain as a result of the execution of the judgment.
The judge must check that the application of the precautionary measures is in accordance with the provisions of the previous paragraph, and, if not, limit the application to those rules.
Caution Prstation
Art. 446.-As a general rule, the applicant for the precautionary measure must provide sufficient caution to guarantee compensation for the damages which may cause the defendant's assets to be adopted and enforced.
The provision of caution shall always be prior to any act of compliance with the agreed precautionary measure.
Way and Amount of the Caution
Art. 447.-The form and value of the course must be indicated in the application for the precautionary measure, and may be offered in cash, check of management or cash, bank guarantee or of a financial institution, or in any other form admitted in law, provided that, in the judgment of the judge, guarantee the
of the quantity in question.
The judge may accept the course offered by the applicant, graduate, modify or change it for
the one that it considers relevant, in accordance with the proportionality with respect to the applicant's and the object of the process.
Waiving the delivery of caution
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Art. 448.-The judge may exempt the applicant from the provision of caution if his economic capacity and potential assets are significantly lower than that of the opposing party, in particular in those cases
in which the claim raised implies, together with the defence of a particular interest, the defence of general, collective or diffuse interests, such as those of consumers or those of environmental protection.
The judicial decision referred to in the foregoing paragraph shall be taken with special motivation and upon reasoned consideration of the interests at stake.
Competition
Art. 449.-It shall be competent for the adoption of the precautionary measures by the judge who must know
or is aware, in the instance or appeal, of the procedure in which they are to be agreed.
If the precautionary measure is requested in connection with an arbitration process, the jurisdiction shall be
instance of the place where the arbitral judgment is to be executed or where the measures have to take effect. The same shall apply in respect of the precautionary measures requested for foreign judicial or arbitral proceedings, unless the applicable treaties are different.
Craft Review
Art. 450.-The court will examine its jurisdiction and jurisdiction to hear the application
of precautionary measures, and will reject its intervention if it considers that it lacks any of them, and must send the applicant to the appropriate court.
Substance of precautionary measures
Art. 451.-For the substantiation of the request for precautionary measures will be formed separate part,
that in no case will suspend the course of the main process.
The application will take the form of demand and will be clearly and accurately formulated, justifying
the concurrency of the legally required budgets for adoption.
This request will be accompanied by the instruments that support it, and in it must be requested, under
penalty of preclusion, the practice of other means of proof for the accreditation of the budgets that support the adoption of precautionary measures.
Likewise, in the written application, it will be necessary to offer caution, specifying what type or types is proposed, with justification of the amount proposed.
Effectiveness of precautionary measures
Art. 452.-At the end of the main proceedings, for any cause, with favorable resolution for the
that requested the precautionary measure, it will be maintained as long as the deadline for voluntary compliance has elapsed, if it was granted. If enforcement is not sought after enforcement, the measures taken shall be lifted.
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The precautionary measures will be lifted when the provisional execution of the judgment is granted, in which both are matched.
Decision on precautionary measures
Art. 453.-The precautionary measures shall be decreed without an audience of the counterparty.
The court will decide within five days from the receipt of the application in the court.
If the court considers that the budgets and requirements for its adoption will be met, the measures will be enacted, with a precise indication of which they will be agreed upon and determine the
regime to which they are to be subjected, establishing in their case the form, amount and time in which the applicant must be provided.
The decision to resolve the precautionary measures will admit an appeal, but if the person who used it is the one to whom the same damages the appeal will be granted without suspensory effect.
Running the precautionary measure
Art. 454.-Acordada the precautionary measure and provided the caution, shall be carried out on its own initiative to its immediate compliance, by means that are necessary, even those foreseen for the execution of sentences,
whose rules will be of application.
When the preventive annotation is treated, it will proceed according to the rules of the corresponding
.
Depositaries, judicial administrators, or persons responsible for the goods or rights to the
that has been granted a precautionary measure may only be authorized by the court to order them, if exceptional circumstances are present that would make the conservation of the defendant more burdensome for the defendant's estate than the disposal.
Modifying the precautionary measures adopted
Art. 455.-If, after the adoption of the precautionary measures, new or new facts are brought, the court may, at the request of a party, modify the content of the measure agreed upon.
The request for modification of precautionary measures shall be substantiated in accordance with the procedure laid down for the opposition.
Uprising the precautionary measure
Art. 456.-The judgment in absolute judgment, the judge will agree the immediate lifting of the
precautionary measures adopted, even if that was not yet firm; except that the plaintiff, making manifest the intention to resort, will request its maintenance or modification. In such a case, the court, heard the defendant and served the circumstances of the case, will resolve the case, with increased caution if I agree to the maintenance or modification of the measure.
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If the judgment partially considers the claimant's claim, the court will rule on the maintenance, modification or lifting of the measure with hearing of the parties.
When the absolute judgment is firm, the court will immediately and automatically cease all the precautionary measures taken, the defendant being able to request the payment of damages
caused. The defendant may also claim compensation in the event of a waiver of the claim or withdrawal of the application.
THIRD SPECIAL PROCESSES BOOK
TITLE FIRST THE EXECUTIVE PROCESS
Executive Titles
Art. 457.-These are executive titles, which allow you to start the process regulated in this chapter, the following:
1. Public instruments;
2nd. The feisty private instruments;
3rd. Securities securities; and their coupons, if any;
4th. The constances, booklets or receipts extended by legally authorized institutions,
when they receive savings deposits or any other class;
5th. Shares that have the right to be amortized, in whole or in part, by the sums
to be amortized to the capital they incorporate;
6TH INSURANCE AND REINSURANCE POLICIES, PROVIDED THAT THE
DOCUMENTATION IS ACCOMPANIED BY EVIDENCE THAT THE CLAIMANT IS UP TO DATE ON HIS PAYMENTS AND THAT THE INSURED EVENT HAS TAKEN PLACE, AS WELL AS THE AMOUNT OF DAMAGES. THE BAIL AND REAFIRENCHMENT POLICIES, AS LONG AS IT IS ACCOMPANIED
OF THE DOCUMENTATION SHOWING THAT THE PRINCIPAL OBLIGATION HAS BECOME CHARGEABLE; (1)
7. The public instruments emanating from foreign countries, when the required formalities were completed to make faith in El Salvador; and
8th. Other documents which, by law, are recognised as such.
Executive process object
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Art. 458.-THE EXECUTIVE PROCESS MAY BE INITIATED WHEN THE CORRESPONDING TITLE EMANE AN OBLIGATION TO PAY PAYABLE, LIQUID OR LIQUIDABLE, WITH THE VIEW OF THE DOCUMENT
PRESENTED. (1)
Also when the executive titles relate to generic debts or obligations to do so
the corresponding executive process starts.
Demand
Art. 459.-In the application of the executive process the decree of embargo will be requested for the amount due and not paid, it must be accompanied in any case the title in which the demand is founded and the
documents that allow to determine precisely the quantity that is claimed.
The debtor's assets may be indicated in sufficient quantity to address the principal and interest
of what is owed and to the costs of the execution.
Demand Admission
Art. 460.-Recognized the legitimacy of the plaintiff and the executive force of the title, the judge shall proceed to the proceedings, without summons from the opposing party, shall decree the embargo and shall immediately issue the corresponding commandment, in which the person or persons against whom it is appropriate shall determine,
and establish the amount to be taken for the payment of the debt, interest and expenses demanded.
If the judge warns of the existence of subsable procedural defects, it will grant the plaintiff
a three-day period to remedy them. If the notice were to be insubsable, it will declare the application's impropriability, with a record of the foundations of its decision.
Resources
Art. 461.-The order rejecting the processing of the application will admit appeal.
Against the car that admits the demand and decrees the embargo of goods, there will be no recourse, without prejudice to the opposition that the defendant can formulate in the opportune moment.
Site
Art. 462.-The notification of the freezing order is equivalent to the location for the debtor to appear to be entitled and can answer the claim within ten days. In doing so, it may express its opposition for the reasons set out in this Title.
Termination of the process
Art. 463.-The process may be terminated at any stage of the process and by any means of extinction of the obligations, according to the rules of the common law.
Opposition Motives
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Art. 464.-Without prejudice to other laws, the following grounds of opposition shall be admissible in the executive process:
1. Solution or Cash Payment.
2nd. Pluspetition, prescription or expiration.
3º. Do not meet the executive title legal requirements
4th. Take away, wait or pact or promise not to ask.
5th. Transaction.
Opposition Approach
Art. 465.-The opposition shall be formulated within ten days from the date of the notification of the decree of embargo, with the documentary justifications to be held. If there is no
opposition, a sentence will be issued without further processing and will proceed as set forth in the fifth book of this code.
Opposition processing
Art.466.-If the opposition is founded on the existence of procedural defects and the judge considers that they are subsable, it shall grant the plaintiff a period of five days to remedy them.
this is not done within that period, the application shall be declared inadmissible in this state and the process shall be terminated; if the remedy is given, the defendant shall be granted two more days to extend his or her opposition.
When the opposition merges into insubsainable defects or vices, the judge, by order in the process, will declare the lawsuit improffant, end the process and leave without effect the precautionary measures that
would have taken, with the imposition of the costs on the plaintiff.
Test Audience
Art. 467.-In the event that the opposition cannot be resolved with the documents provided, the judge, at the request of at least one of the parties, shall quote a test hearing, which shall be held within
of the following 10 days and to which the parties must come with the means of proof that they attempt to avail themselves.
When the hearing was not requested, or the judge would not have considered it, it will be resolved without further action on the opposition.
If the hearing had been convened and the debtor was not present, the court will be held to the opposition, the costs incurred will be imposed on him and he will be sentenced to indemnify the defendant.
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IF THE PLAINTIFF DOES NOT APPEAR, THE JUDGE WILL RESOLVE WITHOUT HEARING HIM ON THE OPPOSITION. (1)
If both parties appear, the hearing shall be conducted in accordance with the schedule for the abbreviated process, and the judgment as appropriate should be given below.
Statement
Art. 468.-Once the opposition has been totally dismissed, the defendant shall be sentenced to the costs of the defendant, and ordered to proceed in accordance with the rules governing the execution of the judgment.
In the event of partial opposition, the actions will be carried out, only to obtain the amount due, without conviction in costs.
If the opposition is estimated, the judge will declare the executive claim without place and will send the liens and guarantee measures that would have been adopted, making the debtor return to the situation
prior to the start of the executive process and the plaintiff in the costs.
Resources
Art. 469.-AGAINST THE JUDGMENT WHICH IS PRONOUNCED MAY BE APPEALED AGAINST APPEAL. (1)
Effectiveness of the statement
Art. 470.-The judgment given in the executive processes will not produce an effect of res judicata,
and will leave the right of the parties to issue the obligation that caused the execution.
Except for the case in which the execution is based on securities, in which the statement will produce
the res effects of res judged
TITLE SECOND
POSESORY PROCESSES
Scope
Art. 471. The provisions of this Title shall apply to the post-secondary claims governed by Titles XII and XIII of the second book of the Civil Code.
Procedure and competition
Art. 472.-The claims covered by this Title shall be substantiated in accordance with the procedures of the abbreviated process, whatever the amount, with the specifications laid down in the following Articles.
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WILL BE COMPETENT TO HEAR FROM THESE PROCESSES THE JUDGE OF FIRST INSTANCE WHERE THE PROPERTY IS LOCATED, WITH THE EXCEPTION OF THE COURTS OF MINOR
QUANTUM. (1)
Rejection of Demand
Art. 473.-It shall be declared improponible to the possesory claims which seek to preserve or recover the possession of real estate or real rights constituted in them if it is opened once
after the period of one year, counted from the moment when the disturbance or the dispossession took place.
The claim that the suspension of a work is intended to be suspended will also be rejected if the work had been completed or the three-month period had elapsed since the actor was aware of the existence of the work.
Pre-audience actuations in case of new work suspension
Art. 474.-If the claim is intended to be judicially resolved to suspend a work
new, the court, before the summons for the hearing, will direct immediate requirement of suspension of the work to the owner or manager of the same.
The required will be able to offer caution to continue the work, as well as to perform the actions
that guarantee the preservation of the already built, with a commitment to respond of the damages that could be caused by the continuation or the conclusion. Caution may be provided in any of the forms provided for in this code.
If the parties ask for judicial recognition, expert recognition, or both together, the court may arrange for it in accordance with the provisions of this code.
Site of respondent and opposition
Art. 475.-The application shall be admissible, the defendant shall be called upon to reply, and if necessary oppose it within ten days.
IF THE DEFENDANT ALLOWED THE PERIOD TO ELAPSE WITHOUT EXPRESSING HIS OPPOSITION, THE PLAINTIFF ' S CLAIMS SHALL BE ISSUED WITHOUT FURTHER FORMALITIES, IF THERE ARE SUFFICIENT ELEMENTS FOR SUCH AN ESTIMATE. IF THE DEFENDANT OBJECTS TO THE LAWSUIT, IT
WILL SUBPOENA THE PARTIES TO THE HEARING. (1)
If the defendant did not attend the hearing without a fair cause to prevent it, or when he or she did not ratify,
his opposition shall be handed down without further formalities to the applicant's claims.
Statement and resources
Art. 476.-The judgment on the protection of the possession that is claimed will not produce effects of res judicata, and it leaves to the exception the right of the parties to go to the declarative process.
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Against the judgment that is to be issued, an appeal shall be made, without prejudice to the fact that it has been ordered by it, after granting sufficient caution.
AGAINST THE SENTENCE HANDED DOWN ON APPEAL WILL NOT PROCEED. (1)
TITLE THIRD PARTY PROCESSES
Scope
Art. 477.-The provisions of this Title shall apply to:
1. The claims that, based on the lack of payment of the rent, are intended by the
termination of the contract and unemployment of the property leased due to arrears.
2nd. The demands that, based on the termination of the contract in the cases provided for
by the law, seek the vacancy of the building and the claim of the royalties owed.
3º. Claims that are intended to obtain authorization to increase the value of the income.
4th. The proceedings which deal with the imposition of fines as referred to in the law of the matter, where they would not have been imposed in the main proceedings.
Procedure and competition
Art. 478. The processes covered by this Title shall be substantiated in accordance with the procedures of the abbreviated process, whatever the amount, with the specifications set out in the following Articles.
WILL BE COMPETENT TO HEAR FROM THESE PROCESSES THE JUDGE OF FIRST INSTANCE OF THE PLACE WHERE THE GOOD IS LOCATED, WITH THE EXCEPTION OF THE LOWER COURTS. (1)
The processes regulated in this title are those that relate exclusively to leases for housing.
Accumulation
Art. 479.-WHEN THE TERMINATION OF THE CONTRACT IS DUE TO THE LACK OF PAYMENT OF THE LEASE FEE, THE CLAIM TO CLAIM THE AMOUNTS DUE MAY BE ACCUMULATED TO IT. (1)
Late-cause vacancy processes
Art. 480.-When it comes to demands for unemployment due to arrears, the judge, in the summons
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for the hearing, it will warn the tenant about his right to be dismissed in the trial if he pays the full amount of what is owed plus the costs of the process.
This right will be governed by the tenant who is for the first time being sued for default on a lease for housing, and will be able to make use of it in any state of the process prior to the
launch.
Deoccupation processes by building works
Art. 481.-When the owner intends the total or partial vacancy of the building to make a new construction in it, he must present with the demand a complete plan, duly
approved, of the works to be carried out, with specification of the time of duration of these.
The same must be done when the vacancy is sought to make works destined for
to increase the locative capacity of the building or essential repairs that cannot be deferred and demand the vacancy, then directing the demand against the tenant or tenants to those that affect the works or repairs.
In these cases, the owner must enter, with the claim, an amount equal to two income brackets, which will be delivered to the tenant if within one month of the vacancy the work that founded the claim will not begin, without prejudice to the fines
that are established in the law. Without this entry the application will not be accepted.
Prejudice to the summons for the hearing
Art.482.-In all the processes of inquiry in which the vacancy of the building is intended, the defendant shall be warned, in the summons for the hearing, that his failure to appear on the premises
shall lead to the declaration of eviction without further formalities within a period not exceeding ten days.
Subtenant Call
Art. 483.-The tenant will be obliged to make news to his subtenants of the application filed against him, and must do so within three days of the notification, so sorry
of responding to them for the damages and damages that they will suffer as a consequence of the process. The defendant shall inform the judge of the names of its subtenants, so that they may be summoned to the hearing.
Subtenant intervention
Art. 484.-The subtenant may intervene in the process as the intervener of the defendant, and to do so must accompany the contract that accredits it as such, provided that the sublease has been authorized by the lessor.
Subtenants will have no more rights than the law grants to the tenant and the ruling against the tenant will affect them even if they have not intervened in the process.
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Testing in processes of unemployment due to default
Art.485.-When you intend to terminate the property by default, only the defendant will be allowed to allege and prove the payment or the circumstances regarding the origin of the withdrawal.
S i during the processing of a process of unemployment by any of the causes in the numerals of 2 to 17 of the article 24 and those of article 25 of the special law the tenant incurs in arrears of the payment of the rent, the lessor will have the right to present another demand based on the causal number
one of the same article 24, which will not be cumulable to the already existing judgment.
Default statement and resources for default
Art. 486.-The sentence handed down in the processes of unemployment due to default will not produce effects of res judicata, and it leaves the right of the parties to go to the declarative process
corresponding in order to resolve the question.
It will be appealed against. Against the judgment given on appeal there will be no resource
any.
Statement and resources on other tenant processes
Art. 487.-The judgment given in the other special proceedings of inquiring will produce effects of res judicata, and against it will proceed the resources previewed in this code for those that are dictated in the abbreviated processes.
Statement in unending or unsanitary processes
Art. 488.-When the plaintiff seeks the vacancy of the building by ruin or insalubity, the judgment must state that the property is totally or partially uninhabitable. In this case, the vacancy will be maintained for the duration of the necessary rehabilitation works.
TITLE FOURTH THE MONITORING PROCESSES
CHAPTER FIRST THE PAYMENT PROCEDURE FOR MONEY DEBTS
Scope of the order for payment process
Art. 489.-The application of an order for payment of a payment of a debt of money, liquid due and payable, the amount of which does not exceed twenty-five thousand colons or its equivalent in dollars of the United States of America, whatever form and class or the
support in which it is found, or the creditor justifies a principle of sufficient proof, may be requested by another.
In any case, the document will have to be of those that serve to accredit creditor-debtor relations, and even if it was unilaterally created by the creditor, it must appear
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signed by the debtor or with evidence that the firm was placed in order of its own, or incorporate any other electronic mechanical sign.
Competition
Art. 490.-In order to know of the application for payment, the judge of first instance of the least amount of the defendant's domicile shall have exclusive jurisdiction.
Request Requirements
Art. 491.-The order for payment procedure shall be initiated by the filing of an application in which
's identity, the domicile or domicile of the debtor's creditor or the place where they resided or could be found, and the origin and amount of the debt, shall be known tothe application for the document in which it is made. The amount indicated for the purposes of the injunction
may be increased by one third of the amount of the amount due.
Rejection of the request
Art. 492.-If the conditions laid down in the preceding articles are not met, the judge shall give a reasoned decision rejecting the application, with which the proceedings shall be terminated, without prejudice to an appeal against it.
Admission of the payment request and request
Art. 493.-Fulfilled the requirements set out in the foregoing articles, the judge shall admit the application and order the debtor to require the debtor to pay directly to the creditor in the court within 20 days, or to make a comparison to the opposition, with the express warning that,
in another case, the execution shall be carried out.
THE PAYMENT ORDER MUST NECESSARILY BE MADE TO THE DEFENDANT
PERSONALLY, OR BY MEANS OF A CORNER IN YOUR ROOM. (1)
Payment
Art. 494.-If the required pay, he shall bring it to the attention of the judge, with verification of such payment, and this will dictate resolution that ends the procedure and orders the file of the performances.
Inactivity of the debtor. Execution
Art. 495.-If the requested person does not pay or object within the period granted to the effect, the judge shall order the seizure of his assets in sufficient quantity to cover the quantity, following the process by the procedures provided for the execution of sentences.
Opposing and processing as a short process
Art. 496.-If the debtor appears within the deadline by formulating opposition, the
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processing of the process according to the rules of the abbreviated process, and the statement that will be given the value of res judicata.
To this end, the applicant must present the claim within the next ten days. If I do not present the application within this period, the proceedings shall be terminated, and ordered to pay the costs.
If the opposition is to be founded on a creditor's request, the embargo will be ordered and the enforcement of the amount recognized as due will be followed.
CHAPTER SECOND ORDER FOR OBLIGATIONS TO DO, DO NOT DO OR DAR
Scope
Art. 497.-The order for payment shall also be applicable where the fulfilment of an obligation to do, not to do or to give specific or generic thing, is required if the value of the good or service does not exceed twenty-five thousand colons or its equivalent in dollars of the United States of America.
The obligation must be stated in document, whatever form and class, or the support in which it is found, and whenever it appears signed by the defendant or with signature that has been placed by its order or incorporates any other mechanical or electronic sign.
The order for payment procedure may also be applied when the obligation is credited by invoices, relationship certificates between the parties, telegrams, fax or other documents which,
in the legal traffic, document relationships between creditor and debtor, even if they were created unilaterally by the creditor.
Pretense content
Art. 498.-In these procedures, it is possible to exclusively pretend to comply with an
obligation to do, not to do, or to give specific or generic thing, without in such cases replacing the request for compliance with its equivalent in money, except express manifestation of the applicant or absolute impossibility of the specific fulfillment. In the latter case, the
applicant may choose between requiring the equivalent in money or the delivery of a good, service or product of characteristics and benefits similar to those of the original.
Competition
Art. 499.-The application shall be brought before the court of first instance of the least amount of the
domicile of the defendant; and if not done so, the provisions of this code shall be made.
The application shall be submitted in writing and shall be formalized with simplicity and clarity, and shall contain
at least the identification of the parties, the relationship of the facts on which the request is based, what is requested, the date and signature of the applicant.
The request will be accompanied by the supporting documents of the request that is formulated.
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Procedure
Art. 500.-In the cases referred to in this chapter, the rules laid down for the order for payment procedure will apply, with the specialties mentioned in this article.
The injunction to the debtor will be made to comply with the specific obligation that is the subject of the application.
If the debtor does not object to or complies with the requirement, the judge shall take appropriate action to comply with the request. If it is a matter of obligations to make a person of character or not to do so, it shall impose a fine in relation to the estimated value of the obligation. If it is a doing
that is not very personal, it will command it to be done at the expense of the debtor.
When the conviction consists of giving specific or generic anything, the judge shall take any
measures that it considers necessary to achieve the fulfilment of the obligation within the maximum period of twenty days, counted from the following to the one in which the absence of opposition or compliance was found.
BOOK FOURTH THE MEANS OF IMPEACHMENT
TITLE FIRST GENERAL PROVISIONS
General Principles
Art. 501.-They shall have the right to use the parts taxed by the contested decision. Equal
right will assist the litisconortes that would be taxed, even if they had not been converted into parts.
THE DEADLINES FOR RECOURSE SHALL BE COUNTED FROM THE DAY FOLLOWING THE NOTIFICATION OF THE DECISION BEING CHALLENGED, OR THE FOLLOWING DAY TO THE NOTIFICATION OF THEIR CLARIFICATION. (1)
The withdrawal of the resources will be possible at any time prior to your resolution, in accordance with the provisions of this code.
Prohibition of reformat in peius
Art. 502.-The judgments in which the appeal is lodged may not be more burdensome than the contested decision, unless the opposing party had, in turn, relied on or acceded to the appeal.
TITLE SECOND RECALL RESOURCE
provenance
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Art. 503.-THE DECREES AND THE NON-DEFINITIVE CARS WILL ADMIT RECOURSE OF RECALL, WHICH WILL BE RESOLVED BY THE SAME JUDGE WHO DICTATED THE RESOLUTION
APPEALED. (1)
Term and form
Art. 504.-The appeal shall be filed in writing within three days, and shall be made on the basis of the legal infringement which it considers to be committed, with a brief explanation.
If the resource does not meet the above requirements, the court will reject it as an improfile without any further processing.
Processing and decision
Art. 505.-The action brought shall be heard against the opposing party within three days of the notification, in order for it to formulate its opposition.
The judge or tribunal shall order, in order to resolve the recall within three days from the date of the conclusion of the one referred to in the previous article, whether the parties have made use of their rights.
Irability
Art. 506.-The resolution that resolves on the recall will not admit any other recourse, without
prejudice that the petition can be reproduced in the appeal against the resolution that ends the process definitive way.
Oral Revocation
Art. 507.-Against the decisions taken by the judge or tribunal in the course of the hearings
oral proceedings will proceed with a recall, which must be made verbally in the same act.
THE JUDGE OR TRIBUNAL WILL IMMEDIATELY RESOLVE WHATEVER PROCEEDS, WITHOUT FURTHER RECOURSE,
AND THE HEARING WILL CONTINUE ITS COURSE. AT THE REQUEST OF THE INTERESTED PARTY, IT MAY BE REQUESTED THAT THE ACT OF THE RECALL ATTEMPT BE RECORDED IN THE MINUTES WHEN IT IS REJECTED. (1)
THIRD APPEAL RESOURCE TITLE
APPEAL RESOLUTIONS ON APPEAL. (1)
Art. 508.-THE JUDGMENTS AND ORDERS THAT, IN THE FIRST
INSTANCE, END THE PROCESS, AS WELL AS THE RESOLUTIONS THAT THE LAW EXPRESSLY POINTS OUT. (1)
suspensive Effect
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Art. 509.-Final decisions under appeal shall not be enforced. However, in accordance with the provisions of this code, the convictions may be executed
provisionally.
Appeal resource finalities
Art. 510.-The appeal will have the purpose to review:
1. The application of the rules governing the acts and guarantees of the process.
2nd. The proven facts to be set in the resolution, as well as the assessment of the test.
3º. The right applied to resolve the issues under discussion.
4th. The test that would not have been admitted.
Interposition of the resource
Art. 511.-The appeal must be lodged with the judge who issued the contested decision, and at the latest within five days of the following, to that of the communication of that decision.
In the document of interposition of the appeal, the reasons in which the appeal is founded shall be clearly and accurately expressed, making a distinction between those relating to the review and interpretation of the
applied law and those affecting the review of the fixing of the facts and the assessment of the evidence. The contested pronouncements shall be clearly determined.
If the infringement of procedural rules or guarantees is alleged in the first instance, it must be mentioned in the letter that they are considered to be infringed and, where appropriate, to allege the indefencement suffered.
The document of interposition may be accompanied by the documents relating to the substance of the case which contain elements of judgment necessary for the decision of the court, but only in cases where they are after the hearing probate to the hearing of the abridged process; and also may be accompanied
the documents before that moment when the party justifies that he has had knowledge of them after him.
Court Competition DurantelAppeal
Art.512.-The appeal is filed, the judge will notify the opposing party and will be limited to referring the
written appeal to the higher court within the next three days, along with the file.
If provisional execution was requested, the lower court certification of
will be required for that execution.
When the request for interim execution is made after the orders have been submitted to the high court, the applicant must obtain, in advance, certification of whatever
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necessary to proceed with execution.
During the substantiation of the appeal, the jurisdiction of the judge who gave the contested decision shall be limited to the proceedings relating to the provisional execution of the appeal.
Admission or rejection of the resource
Art. 513.-IMMEDIATELY AFTER RECEIPT OF THE APPEAL BY THE SUPERIOR COURT,
THIS WILL 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 PAY A FINE OF BETWEEN TWO AND FIVE MINIMUM URBAN MINIMUM WAGES IN FORCE. (1)
AGAINST THE CAR THAT REFUSES TO GIVE THE APPEAL, IT WILL PROCEED WITH A RECALL. (1)
Admitted to the appeal, within three days the parties shall be summoned to a hearing at the seat of the tribunal, which shall be held no later than the month of the month starting from the day
following that of the call.
Audience and test at second instance
Art. 514.-In the hearing, the court will hear the appellant's appeal to oppose it or to adhere to the appeal. He shall then hear the appellant, in relation to the opposition, which may not extend the grounds of his appeal.
BOTH THE APPELLANT AND THE APPELLANT MAY PROPOSE THE TEST PRACTICE. ONLY THE DOCUMENTS RELATING TO THE SUBSTANCE OF THE CASE THAT CONTAIN
ELEMENTS OF JUDGMENT NECESSARY FOR THE DECISION OF THE CAUSE, BUT ONLY IN CASES WHERE THEY ARE AFTER THE PROBATIVE HEARING OR THE HEARING OF THE ABBREVIATED PROCESS, SHALL BE PROPOSED; THE DOCUMENTS BEFORE THAT MOMENT SHALL BE ADMITTED WHEN THE PARTY JUSTIFIES
THAT HAS HAD KNOWLEDGE OF THEM AFTER THAT. 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. (1)
In addition to the documentary, it can only be tested:
1. Where the evidence was wrongly refused in the first instance.
2nd. When, for any unattributable cause to which you apply for the test, it would not have been
to practice, in whole or in part, that test that would have been proposed in the first instance.
3º. Where the evidence is concerned with the occurrence of facts relevant to the right or interest discussed, but after the start of the period for issuing judgment in the first instance.
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Proposition the test, the court will resolve, admitting only the means that result. The resolution rejecting the evidence offered is unimpeachable.
Realized the test as the final point of the hearing, the parties may formulate their final claims, whereby the appeal will be in a state of judgment, without prejudice to the court's ability
to request clarification from the parties.
THE COURT WILL DETERMINE THE PRUDENTIAL TIME TO MAKE THE CLOSING ARGUMENTS,
ACCORDING TO THE COMPLEXITY OF THE CASE, WITHOUT IT BEING LESS THAN ONE HOUR, NOR GREATER THAN THREE HOURS, FOR EACH OF THE PARTIES, UNDER PENALTY OF NULLITY. HOWEVER, EACH PARTY MAY USE A PERIOD OF LESS THAN THAT WHICH IS ASSIGNED TO IT, IF IT CONSIDERS IT APPROPRIATE.
JUDICIAL DECISIONS ON THE TIME OF THE PLEADINGS WILL ADMIT RECOURSE TO RECALL IN HEARING. (2)
Appeal statement
Art. 515.-THE HEARING SHALL BE CONCLUDED, THE COURT MAY GIVE JUDGMENT IMMEDIATELY,
IF APPROPRIATE; OR TERMINATE THE HEARING AFTER THE CLOSING ARGUMENTS FOR WRITING A WRITTEN JUDGMENT WITHIN 20 DAYS FROM THE TIME THE HEARING WAS HELD. IN ANY CASE IT WILL ANNOUNCE THE RULING VERBALLY. (1)
The judgment in appeal must be made exclusively on the points and questions raised in the appeal and, where appropriate, in the written documents of accession.
Failure to comply with the deadlines set will make the court liable in a fine that will consist of an urban minimum wage, higher, in force for each day of delay.
Procedural infringement decision
Art. 516.-If, when reviewing the rules or guarantees of the process applicable to the contested judgment, some infringement is observed but there are sufficient evidence to decide, the court shall annul the judgment in appeal and resolve the matter or issues which are the subject of the proceedings. If you lack
of these items, you will cancel the actions, returning them to the appropriate procedural time.
Decision on the tested facts and on the right
Art. 517.-If by reviewing the facts that are declared proven in the contested judgment or the reasons of law applied in the same the court will observe some infringement will revoke the sentence and will resolve
on the question or questions that are the object of the process.
Resource Desertion
Art. 518.-If the appellant does not appear before the hearing, the appeal of appeal shall be declared deserted and the judgment under appeal shall be signed. The decision declaring the appeal deserted will impose the appeal on the costs caused.
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TITLE FOURTH APPEAL
CHAPTER FIRST GENERALITIES OF THE RESOURCE
Actionable Resolutions
Art. 519.-Admit an appeal:
1. IN CIVIL AND COMMERCIAL MATTERS, JUDGMENTS AND ORDERS DELIVERED IN
APPEAL IN COMMON PROCESSES AND IN COMMERCIAL EXECUTIVES WHOSE BASIS DOCUMENT OF THE CLAIM IS A VALUE TITLE; LIKEWISE THE JUDGMENTS DELIVERED ON APPEAL, IN THE ABBREVIATED PROCESSES, WHEN
PRODUCE EFFECTS OF A SUBSTANTIAL RES JUDICATA. (1)
2nd. In the case of family, the corresponding sentences in the terms that determine
the Family Law.
3º. In the field of work, the final judgments to be delivered on appeal, in accordance with the provisions of the Labour Code.
Special cases of rejection
Art. 520.-The appeal shall be rejected where it is brought against a judgment given in cases of voluntary jurisdiction or in special proceedings, where the judgment does not have the effect of res judicata material.
Cassation Motives
Art. 521. The action must be based on the existence of an infringement or erroneous application of the rule of law.
Background Motives
Art. 522.-The appeal proceeds when there has been a breach of law
or legal doctrine.
It will be understood that the law has been violated when it has been improperly or wrongly applied,
or when it is no longer applicable to the rule that regulates the supposed contract.
There is an infringement of legal doctrine when the case law established by
the court of cassation has been violated, arising from the application and interpretation of the laws and which is contained in three or more constant, uniform and non-interrupted sentences for other legal doctrine. Form motifs
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Art. 523. The appeal for violation of the essential forms of the process will take place by:
1. Abuse, excess or defect of jurisdiction;
2nd. Lack of competence;
3rd Procedure Inappropriateness;
4th. Lack of capacity to be a part, of procedural and postural performance;
5th. Pretense expiration;
6th. Litispendence and res judicata;
7th. Submission to arbitration and pending engagement;
8th. Waiver, withdrawal, search and transaction, if the object was not available or in violation of the public interest;
9th. Lack of placement to answer the demand;
10th. Legally permissible test refusal;
11th. No supported probative media has been practiced on the instance;
12th. Practice an illicit test medium;
13th. Because the improvenance of an appeal has been wrongly declared; and,
14º. For violation of internal and external requirements of the statement.
There is violation of internal requirements when the statement is incongruous or has conflicting
provisions. It is understood that there is an incongruity in the following cases: having granted the judge more than the request by the actor, less than the one resisted by the defendant or thing other than that requested by both parties; or having omitted to resolve any of the causes of asking for or some question for a preliminary ruling or
legal, necessary for the resolution of the process.
It will be understood that there has been infraction of the external requirements of the judgment when it is omitted
to relate the proven facts, lack of legal basis and darkness in the writing of the judgment.
CHAPTER SECOND
PROCEED MODE
Interpretation of rules
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Art. 524.-The rules on the appeal must be applied in the form that favors the uniformity of the case law as a means to ensure equality before the law, as well as security
and legal certainty.
Way to interject the resource
Art. 525.-The appeal shall be filed in writing and shall be duly substantiated.
Deadline
Art. 526.-The time limit for lodging the appeal is 15 days from the
of the
of the respective notice of the decision which is contested, outside that period no grounds of appeal may be adduced.Legitimation to interject the resource
Art. 527.-This resource should only be brought in by the party receiving grievance for the decision
challenged.
Formal Requirements for Interposition
Art. 528.-The document of the interposition of the appeal must be filed with the court that issued the decision that is challenged and will necessarily contain:
1. The identification of the resolution being challenged and the particular motive or grounds constituting the basis of the appeal; and,
2nd. The mention of the rules of law which are considered to be infringed, by reason, in separate paragraphs, of the relevance and substantiation of the pleas in law.
Rissue of the cars to the court of appeal
Art. 529.-Interposition the appeal and the corresponding legal term, the court, prior
notification to the parties, will transmit, within third day, cars and copies to where it corresponds.
Introduction of the resource
Art. 530.-If the appeal is accepted, the same order shall be sent to the opposing party, so that within eight days from the date of the respective notification, the party considers what
If the court of appeal considers that the appeal is not admissible, it shall reject it reasoned.
This resolution will support only the recall facility.
Dissubmission of the resource
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Art. 531. The appellant may withdraw the appeal in writing in any state of the proceedings. The withdrawal shall be admissible without further processing.
Auto Devolution
Art. 532.-Rejected or dismissed the appeal by the court of appeal, the contested decision shall be final, and the cars shall be returned to the court of origin with certification of the provision, within five days.
End of procedure
Art. 533.-The judgment shall be delivered within the period of 60 days after the closing of the relevant pleadings, in the event that they have taken place.
Failure to comply with the previous deadline will make the court liable for a fine of a minimum, higher urban wage, in force, for every day of delay.
CHAPTER THIRD STATEMENT
Statement and Order Obligation
Art. 534.-. In the judgment, the court of appeal must give its ruling on all the pleas relied on by the appellant, even if only one of them is married.
Order in the statement of the statement
Art. 535.-In the judgment, the court must first rule on the sub-grounds of form, and only rule on the underlying grounds if those were dismissed.
Iura novit curia
Art. 536.-The Court of Cassation is bound to rule on the grounds relied on and on grounds
of the legal arguments which the appellant would have made; however, within the foregoing, it may be resolved by application of other rules and legal bases which it considers relevant, even if they do not coincide with those of the appellant.
Estimation of the resource
Art. 537.-If the judgment is married as to the substance, it will be dictated that it is in its place.
If I will marry for vice of form, the ruling will be annulled and the process will be returned to the court
, in order for the action to be brought back from the vitiated act; but if the vice referred to questions relating to the jurisdiction, jurisdiction or procedural path, only the annulment will proceed.
If the appeal is to be founded in erroneous decision regarding the admissibility or assessment of the
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test and such decision shall determine the operative part of the judgment, the court of appeal shall decide as to the substance of the test that it considers admissible or the assessment it understands that
corresponds; and shall only return the cars to the court that committed the vice when it is considered that the unadmitted test is capable of influencing the judgment; and in that case the court shall proceed to its judgment. Diligence.
Legal motivation correction
Art. 538.-The Court of Cassation will dismiss the appeal when, however, there is no error in the legal basis of the contested judgment, because there are defects or defects that result in the infringement or erroneous application of the rule of law used to resolve the case, it is established that
such a judgment is correct and adjusted to the law according to other legal bases and grounds of law. In this case, the court of appeal shall confine itself to correcting the statement of reasons, giving the judgment the appropriate legal basis.
Coasts
Art. 539.-If the appeal is dismissed, the appellant shall be ordered to pay the costs.
TITLE FIFTH REVIEW OF FIRM STATEMENTS
Competition and actionable resolutions
Art. 540.-The review of firm sentences will be requested from the Civil Court of the Supreme Court of Justice.
There will be no review of the firm judgments that, by legal provision, lack the effects of res judicata.
General Motives
Art. 541.-There will be a review of a firm statement:
1. If, after pronounced, a decisive document is recovered or obtained, from which it would not have been possible to have force majeure or by force of the party in whose favor
it would have dictated the sentence.
2nd. If it had been pronounced by virtue of false documents in criminal proceedings,
or whose falsehood was later declared.
3º. If he had pronounced himself by virtue of evidence, he would testify to the expert and the expert witnesses
would have been convicted of false testimony given in the statements that served as the basis for the sentence.
4th. If the case had been unfairly earned for co-fact, violence or fraud.
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Motives for review of the sentence in absentia
Art. 542.-The defendant who has remained in absentia may request the review of the sentence:
1. When there was an uninterrupted force majeure that would have prevented him from appearing at all times, even if he had been aware of the process, for having been informed.
2nd. When he was unaware of the claim and the process, either because he was notified by the court that he did not come to power because he was not responsible, or because the communication
would have been served by advertisements and the defendant would have been absent from the place of the proceedings or from any other party in the Republic in which such notification would have occurred.
Active Legitimation
Art. 543.-The review may be requested who has been harmed by the firm judgment
challenged. General Term of Interposition
Art. 544. The review appeal shall be rejected after the expiry of the two-year period of expiry, which shall be counted from the day following the notification of the judgment to be challenged.
Interposition special strokes
Art. 545. The review shall not be carried out either where the expiry period of three months has elapsed, from the day following that in which the decisive documents, the co-fact, the violence or the fraud, or in which the falsehood had been recognised or declared, had been discovered.
Term of interposition for the rebel respondent
Art. 546.-In the case of the defendant who has remained in constant absentia, the review shall not proceed after the expiry of the expiry period of three months from the day following that of the notification of the judgment.
If the judgment to be challenged was personally notified, the expiry date shall be thirty days, which shall be counted from the day following that in which the judgment was served
on appeal or on the extraordinary of appeal when they proceed.
The deadlines provided for in the first indent may be prolonged if the force majeure remains that
would have prevented the rebel from appearing, but without exceeding the general deadline of two years.
Review demand. Allegations from other parties
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Art. 547. The review facility shall be in writing, with the requirements and formalities required for the application in the common process.
Admitted to the appeal, the Civil Chamber will request that all the proceedings of the process whose sentence be rescinded be sent to him, and he will place as many as he would have litigated or his successors in title,
so that within the five-day period they will manifest their defense, holding what is at their right, according to the requirements and formalities provided for in the common process.
Fulfillment
Art. 548.-CLAIMS OF DEFENSE, OR AFTER THE DEADLINE FOR
WITHOUT HAVING DONE SO, SHALL BE GIVEN TO THE PROCEEDINGS THE PROCESSING ESTABLISHED FOR THE ABBREVIATED PROCESS. (1)
If criminal questions are raised during the processing of the review, the general rules laid down in this code shall apply.
Decision. Resources
Art. 549.-If the Chamber considers the review requested, it shall declare that, and shall terminate the contested judgment. You will then send a certificate of the failure and return the file
to the court of which you proceed, so that the parties use their right as appropriate, in the relevant process. In this process, they will be taken as a basis, without the statements made in the review statement being discussed.
If the requested review is dismissed, the appellant will be ordered to pay the costs.
Against the judgment handed down by the review tribunal there will be no recourse.
Eventual suspension of execution
Art. 550.-The interposition of a review facility shall not suspend the execution of the firm sentences that motivate it, except as provided for in the cases of suspension of the review process and of the
sentences handed down in absentia.
FIFTH BOOK
ENFORCED EXECUTION
TITLE FIRST
GENERAL PROVISIONS
CHAPTER FIRST PRINCIPLES
ENFORCED EXECUTION
Access to enforced execution
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Art. 551.-Consentor or enforceable, where appropriate, in respect of the titles that have been implemented, and due to the time limit that would have been granted for compliance, it shall be carried out by
to be effective, at the request of a party, in accordance with the rules laid down in this code.
Top performer satisfaction
Art. 552.-The enforced execution will take effect on its own terms, and the performer has the right to be compensated for the damages and damages suffered by reason of the non-compliance, be it because
giving, negligence, morosity of the executed or any violation to the tenor of the obligation that is executed.
The execution will only end when the right of the performer is completely satisfied.
Prescription
Art. 553.-The pretense of execution prescribes within two years of having been signed the judgment
or resolution, of the approved and approved judicial agreement and transaction, or of the arbitral award whose fulfillment is intended.
CHAPTER SECOND
EXECUTION TITLES
National Execution Titles
Art. 554.-In order for the enforced execution to take place, in order to guarantee the outcome of a process, to give effectiveness to the jurisdictional protection granted in the declarative process, a title is required that
takes it away.
These are run titles:
1. The firm court rulings.
2nd. The arbitration awards firm.
3º. Agreements and judicial transactions approved and approved by the judge or tribunal.
4th. The procedural fines.
5th. The court of justice, which is endorsed by the court of law, against the party which has caused them, and also against the contrary, if it is presented in union with the judgment in which the payment is made.
6th. Any other court decisions which, under this code or other laws, have been implemented.
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Foreign Execution Titles
Art. 555.-The sentences and other foreign judicial decisions that put an end to a process, and the foreign arbitration awards recognized in El Salvador are also enforceable. Such securities shall have enforceable force in terms of the international multilateral treaties, the
legal cooperation rules or treaties concluded with the country from which the securities are awarded.
Once a foreign execution title has been recognized, compliance with the enforced enforcement rules contained in this code will proceed, unless otherwise provided by international treaties.
Recognition of foreign titles in the absence of international treaties
Art. 556.-When there are no international treaties or standards applicable to the recognition of a foreign title as a title of execution in El Salvador, such recognition may be produced if at least the following requirements are met:
1. That the judgment, with the authority of res judicata in the State in which it has been pronounced, emanates from the court competent according to the Salvadoran norms of international jurisdiction.
2nd. That the defendant, against which the execution is intended, would have been legally called, even if it was declared a rebel, provided that it had been
guaranteed the possibility of exercising its defense and that the resolution would have been legally notified to it.
3º. May the judgment gather the elements necessary to be considered as such in the place where it was issued, as well as the conditions of authenticity required by the national law.
4th. That the sentence does not affect the constitutional or public order principles of the Salvadoran law, and that the fulfillment of the obligation that it contains is lawful in El Salvador.
5th. That there is no pending process in El Salvador, nor a sentence executed by a Salvadoran court that produces res judicata.
Competition for recognition
Art. 557.-FOR THE RECOGNITION OF JUDGMENTS, OTHER JUDICIAL DECISIONS
AND ARBITRAL AWARDS FROM ABROAD SHALL BE COMPETENT IN THE CIVIL COURT OF THE SUPREME COURT OF JUSTICE. (1) ** DECLARED UNCONSTITUTIONAL
Foreign Title Recognition Procedure
Art. 558.-The recognition must be requested by the party to which you are interested, by written application filed with the Supreme Court of Justice. This request will be given an audience to the part
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contrary, placing it before the Court, so that it can make allegations about the requirements for the recognition of foreign securities in the absence of international treaties,
and propose evidence within ten days.
When no allegations have been made, or no evidence will be performed, the Court will dictate judgment
making recognition of the foreign resolution and giving it full effect, or denying such recognition, within ten days, with the return of the executor to whom it would have promoted the procedure.
If useful and relevant evidence has been proposed, its practice shall be ordered in a hearing, to be held within a period of not more than twenty days, and concluded in the terms of the sentence
of the preceding paragraph.
Against the Court's judgments, no recourse will be made.
Non-executable titles
Art. 559.-No application shall be made for enforcement in respect of statements of mere declaration or of constitutional judgments, without prejudice to the registration or entry into public records where they so require, without the need to open the enforcement.
However, when these statements contain statements of conviction, the enforcement of the sentences may be requested.
Limits of the execution activity
Art. 560.-The title of execution determines the limits of the activity to be fulfilled, and
is therefore null the enforcement actions that extend to substantial issues that would not have been decided in the corresponding process or that contradict the content of the title.
Such nullity may be invoked in the appeals of recall and appeal that are filed against the specific executive activity.
CHAPTER THIRD COMPETITION
Competition for the execution of national titles
Art. 561. " The jurisdiction to know of the enforced execution of the sentence is up to the
judge who would have dictated it in the first instance, regardless of what the court declared it to be. For such purposes, the court which would have issued the second instance or the appeal shall return the file to the lower, within three days of the date of the notification with certification
of the execution, making the parties aware.
COMPETENCE TO KNOW THE EXECUTION OF DULY APPROVED AND APPROVED COURT SETTLEMENTS AND TRANSACTIONS WILL BE THE RESPONSIBILITY OF THE JUDGE
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THE AGREEMENT OR TRANSACTION HAS OCCURRED. WHERE THE AGREEMENTS OR TRANSACTIONS ARE GIVEN IN THE SECOND INSTANCE OR IN APPEAL, THEY SHALL BE EXECUTED BY THE JUDGE HE MET
IN THE FIRST, WHOSE EFFECT THE FILE SHALL BE RETURNED TO THE LOWER, WITH CERTIFICATION OF THE AGREEMENT OR TRANSACTION AND OF ITS APPROVAL OR APPROVAL. (1)
FOR THE EXECUTION OF THE ARBITRAL AWARDS, THE JUDGE OF FIRST INSTANCE WHO SHOULD HAVE KNOWN OF THE DISPUTE SHALL HAVE JURISDICTION IF THERE WAS NO ARBITRATION. (1)
The execution of other judicial decisions which are legally enforceable in the category of enforcement titles shall be the jurisdiction of the judge who has issued them, except in the case of conciliation.
Competition for the execution of foreign titles
Art. 562.-For the execution of the recognized foreign titles the court will have jurisdiction
of first instance of the address of the executed person or, if it does not reside in the Republic, the first instance of the place in which the thing to be found is found, or the one that designates the performer to find in that place the goods that would have to be seized.
Competition craft review
Art. 563.-The judge who is to be executed must examine his or her own jurisdiction of his own jurisdiction
before issuing the execution. Once it has been released, it will no longer be able to carry out the ex officio examination of its competence. If you appreciate the lack of territorial competence, you must make a self-abstaining from continuing with the enforcement and pointing out to the competent authority to whom you must address.
The order for the judge to abstain from continuing the execution will be appealed on appeal.
CHAPTER FOURTH PARTIES TO EXECUTION
Parts to Execution
Art. 564.-It will be a legitimate part in the enforced execution that asks and also the one against which
is ordered, that it will be the one that appears in the title as obliged to the fulfillment.
Execution in case of succession
Art. 565. The execution may be requested by the successor of the creditor in accordance with the title, or against the successor of the person in that title as the debtor.
In addition, the execution may be dispatched against the successors of the obligated under the previous article.
The succession must be documented in a documentary and authentic manner before the judge who has competence to know the execution, and who will have to issue it in the requested form, if it considers sufficient the documents presented. In another case, you will call all those involved in a
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appearance in which, after hearing them, you will decide what is appropriate, for the exclusive effects of the execution and, therefore, without a preliminary ruling.
Running the performer on another run
Art. 566.-The applicant may intervene in another execution in which the goods are being carried out on his debtor, with suspension of which he has requested, subject to the authorization of the competent judge. The intervention gives the right to participate in the execution until the addition of the sum
obtained.
Third Party Intervention
Art. 567.-They may intervene in the execution, for the defense of their rights and interests, those whose property or rights would have been affected by the execution, even if they are not part
executing and executed according to this code.
The intervention will reach the exercise of all the rights and possibilities granted by the
legal order for the aforementioned defense, remaining subject to the obligations and burdens that the one determines.
Running solidarity obligations
Art. 568.-In the case of solidarity obligations, the execution may be directed against any of the debtors in solidarity, provided that it is expressly stated as condemned in the title that is intended
to be executed for having been a party in the process in which the sentence was handed down.
Run costs
Art. 569.-THE COSTS AND EXPENSES INCURRED BY THE EXECUTION SHALL BE BORNE BY THE EXECUTING AGENT, WITHOUT PREJUDICE TO THE FINAL LIQUIDATION WHEN
EXECUTION IS COMPLETED. IN ALL THE OTHER WILL BE AT THE Willing OF THIS CODE. (1)
CHAPTER FIFTH EXECUTION REQUEST
Execution Request
Art. 570.-The enforced execution may only be initiated at the instance of the executing party, which will request it
by means of a document stating the sufficient identification of the person against whom the execution is intended, the title in which it is founded, what is sought and the executive actions that are requested.
In the case of execution in money, the amount that is intended must be indicated, which may be increased by up to a third to cover the payment of interest payable and the costs incurred during the execution, without prejudice to the subsequent liquidation.
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Designation of Goods
Art. 571. -In the application, mention can be made of the executed goods which could be affected by the execution, if they were known to the performer. If the latter did not know of goods or those he knew were not sufficient, they shall be entitled to request the court of the location of
measures provided for in this code.
Documents to accompany the request
Art. 572.-The application for enforcement shall be accompanied by the title, except in the case of a judgment given by the judge himself to whom he is addressed, or of an approved agreement or transaction or
approved by him, in which case the procedure for which he derives is sufficient.
You will also be accompanied by how many documents the law requires, as well as those that the applicant considers
that are necessary, useful or convenient for the proper development of the execution.
Only the legal document of the attorney's power will be accompanied when this is not the same
that acted in the first instance. In another case, it will be sufficient to refer to the already accredited representation. In the case of the execution of arbitral titles, the power shall be accompanied by the application.
Accumulation of runs
Art. 573.-At the request of a party, the accumulation of the executions followed against the same person shall be permitted, in accordance with the provisions of this code and in concordant provisions.
Execution Issue
Art. 574.-The application shall be submitted, the judge shall decide to order the order for execution if the procedural budgets established in this code are met, if the title does not present any irregularities and if the actions requested are consistent with the title, this order shall not be admissible.
Auto rejecting the execution request
Art. 575.-If the application does not comply with the substantive requirements set out in the previous article, the judge shall reject the execution by means of an expressly reasoned order, which shall be subject to appeal.
If the application contains defects and these are subsable, the judge must grant a period of time, which shall not exceed five days, in order for the executor to subsane them. Once they are subsated, the order will be issued from
execution dispatch. If the judge did not proceed to the remedy, the judge shall confirm the order of rejection of the application.
Execution fulfillment content. Craft Momentum
Art. 576.-The execution dispatch will determine precisely the person against whom it is directed, the amount that follows, the actions that are ordered, including the seizure of goods, and the
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measures to locate the debtor's assets. The judge, if he considers it appropriate for a more appropriate development of the implementation, shall, in its resolution, make as many details as it deems appropriate.
The judge will henceforth initiate the procedure, ordering the actions that are necessary for the performer to receive what is appropriate for him.
Notification of execution dispatch to executed
Art. 577.-The dispatch of the execution, together with a copy of the application and its documents, shall be notified to the executed, without summons or placement, so that it can appear at any time and the successive actions are understood with it.
Effects of the notification to the executed
Art. 578.-The beginning of the execution, notified to the debtor, implies the court order that prevents him from having his assets and rights, limiting them or taxing them without judicial authorization; and this must be ensured by the annotation in the corresponding public records, if there is a place.
The obligation to demonstrate sufficient goods will be fulfilled, the general prohibition of availability will be lifted.
If there is not enough goods, all acts of disposition or disposition performed by the executed person from the time the execution is requested shall be null.
CHAPTER SIXTH OPPOSITION TO EXECUTION
Opposition to execution. Reasons
Art. 579.-If the executed person appears within five days of the notification of the
dispatch of the execution, he may formulate, by writing, opposition to the execution, due to lack of character or quality of the executing or of the execution, or of representation thereof; for lack of legal requirements in the title; for the payment or fulfilment of the obligation, documented; for having prescribed
the claim of execution; or for the transaction or agreement of the parties that are in public instrument.
Substance of the opposition. Hearing
Art. 580.-The opposition shall be substantiated, without suspension of the proceedings, in a hearing to which all the parties shall be summoned to attend with the means of proof that they attempt
to be valid, and to be held within five days of the date of the notification.
If the performer does not appear for the hearing, it will be decided on the grounds of opposition without
listening to him. If he does not appear to be executed, it shall be understood that he has withdrawn from the opposition, and the judge shall take the appropriate measures to continue the execution, order the court to pay the costs and compensate the claimant for damages, if he so requests, and shall prove them.
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Allegation of procedural defects
Art. 581.-The hearing will begin with the complainant's exposure to the procedural defects which would have been alleged as a matter of opposition, with the evidence that it is admitted at the moment. The judge shall rule on the grounds of opposition, and, if they are subsable defects, shall be granted
to the performer, the possibility of subsating them within a period of five days.
If the defects are not subsainable or have not been remedied within the period granted, the judge
will order that the execution be left without effect, order that the executed return to the state prior to the beginning of the execution, elk the measures taken against his estate and condemn the execution, as well as the compensation for damages caused to the executed.
If the judge dismisses the grounds for procedural opposition or the defects are remedied in time, it will be passed on to the examination of the opposition for substantive reasons.
If this class of opposition had not been articulated, the judge will dictate order to continue the execution and impose the costs of the incident of opposition to the execution.
Background Opposition
Art. 582.-The opposition for procedural reasons will be dismissed, the opposition of
will be resolved. The parties shall take the floor in order to make the arguments they deem appropriate and to practise the evidence which the judge admits at the time.
If any subsable defect in the opposition is warned, the provisions of the previous article will apply.
If the background opposition is dismissed, the judge will order the execution to continue, condemning the execution on the opposition's shores.
Opposition for lack of territorial competence
Art. 583.-The executed person who will allege the lack of territorial competence must do so within
the five days following the notification of the dispatch of the execution.
This opposition will be substantiated as provided in the first book of this code.
Resources against opposition decision
Art. 584.-Against a car which dismisses the arguments of opposition, an appeal may be brought, which shall not suspend the course of enforcement.
AGAINST THE ORDER THAT CONSIDERS THE ALLEGED GROUNDS OF OPPOSITION AN APPEAL MAY BE BROUGHT; AND DURING THE SUBSTANTIATION THE APPLICANT SHALL BE ENTITLED TO THE ENFORCEMENT OF THE EXECUTIVE MEASURES TAKEN IN RELATION TO THE ESTATE OF THE EXECUTED. (1)
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Opposition to concrete executive actions
Art. 585.-THE EXECUTED PERSON MAY OBJECT TO SPECIFIC EXECUTIVE ACTIONS THAT EXCEED OR CONTRADICT THE TITLE OR THAT VIOLATE THE LAW, BY MEANS OF THE APPEAL OF REVOCATION OR THE APPEAL WHEN IT IS EXPRESSLY ESTABLISHED BY THIS CODE. IF THE
PERFORMANCE GIVES RISE TO THE NULLITY, IT SHALL BE AS SET OUT IN THIS TITLE AS REGARDS THE LIMITS OF THE EXECUTION ACTIVITY. (1)
If these are legal violations, and the lack of express resolution, the executed person may submit a written statement indicating the proposed measure to remedy the infringement.
CHAPTER SEVENTH SUSPENSION OF EXECUTION
Suspension of execution. General Rule
Art. 586.-The execution may be suspended only, by order of order, when requested by
all parties personated or when expressly ordered by the law, without prejudice to the maintenance of the necessary measures to guarantee the executive actions taken. In the case of suspension before it is decreed, the executive measures taken shall be complied with.
The interposition of the resources established by the law against the executive actions will not suspend the course of the execution. Exceptionally, the judge may agree to the suspension at the request of the executed person, when he accredit that he will not suspend it for damages of difficult repair and always
that he provides sufficient caution to ensure the eventual compensation for the damages and damages that the suspension could cause to the performer.
Suspension in case of review process approach
Art. 587.-After the forced execution order has been issued, it will not be suspended
due to the start of a review process. However, the court has the power to agree to the suspension when it is requested by the court, if sufficient justification is present in the specific case and that sufficient caution is provided to respond to the damages that may be caused
to the performer.
IF THE DEMAND FOR REVIEW IS DISMISSED, AS SOON AS YOU BECOME AWARE
OF THIS FACT, THE SUSPENSION WILL BE LIFTED, THE EXECUTION WILL BE ORDERED TO CONTINUE, AND WILL BE DECIDED ON THE SUBJECT OF THE LOAN. (1)
If the review request is estimated, the court will order the executive actions to be filed as soon as it is communicated to it, and it will order the appropriate measures to be taken to bring the execution back to the situation before the start of the execution.
Special rule in case of revision of the default rendered statement
Art. 588.-If the review request is filed by the rebel respondent, the file of the
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actions will only proceed when the review would have been estimated and there would be a favorable judgment in the subsequent proceedings following the defendant's hearing.
If the subsequent process followed with the respondent's hearing ends in an unfavorable statement, the execution activity performed based on the revised
statement will be leveraged as far as possible.
Suspension in case of criminal prejudiciality
Art. 589.-If criminal proceedings are initiated for criminal acts related to the title or to the office of execution, the suspension of the criminal proceedings may be delayed, after hearing from all parties
and the Attorney General of the Republic. However, in the case of suspension, the applicant may avoid it if he provides sufficient caution in the judge's judgment, in order to respond to what he obtains and the damages caused to the execution.
In case of suspension of the proceedings or the criminal proceedings shall end by resolution stating the absence of the fact or its non-criminal character, the performer may seek compensation
for the damages that the suspension would have caused it.
CHAPTER EIGHTH EXECUTION AGAINST STATUS
Execution Procedure
Art. 590.-When the execution of a sentence is requested to condemn the State, a municipality or an official institution to the payment of liquid quantities, the judge shall forward the order of execution to the appropriate official, as well as to any other that indicates the law of the matter,
in order to free and authorize the payment orders from the corresponding items of the general budget in force.
If it is not possible to charge the payment order to the current budget, the appropriate official will propose that in the general budget of the following year the appropriations or items necessary for the payment of the ordered in the executed sentence be included.
Failure to comply with this article will be the personal responsibility of the offending official. In addition, the affected person may deduct the illegality of
from the courts and competent authorities.
Legitimation
Art. 591.-The execution of a pronounced sentence against the State, or the extension of the sentence as the case may be, the Attorney General of the Republic will intervene in the proceedings through
a delegate, leaving him at all times the right to search or oppose as it is considered appropriate.
When it comes to municipalities or official autonomous institutions, the person will intervene
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who in accordance with the law exercises the representation of the same.
SECOND TITLE THE INTERIM EXECUTION
Provisionally Executable Titles
Art. 592.-They may be provisionally executed, as long as the interposed resources are substantiated
against them, all sentences of conviction handed down by the courts of the Republic in the civil and commercial processes, except those that impose a declaration of will.
The statements of condemnation contained in constitutive or merely declarative sentences may also be provisionally executed.
Foreign judgments that would not have reached firmness may be provisionally executed when the international treaty applicable to the case so provides.
Execution and competition request
Art. 593.-Provisional execution shall only be initiated at the request of the party which has obtained a favourable pronouncement, and shall be carried out by the judge who has resolved in the first instance,
whatever the instance or degree in which the proceedings are held, with the same formalities as the execution of final judgments.
The application may be made at any time from the record of a resource and before the judgment is delivered.
When the execution is requested and the cars are before another court, this certification will be obtained from what is necessary to take it into effect, accompanying the request to the application. If it is requested before the cars pass to another court, it will be in the court of certification of what is necessary to proceed
to the execution.
Guarantees and Responsibilities
Art. 594.-As a general rule, the applicant for interim execution shall not be required to provide security or caution to ensure the possible damages that could be caused to the person executed in case of
revocation of the sentence.
Notwithstanding the foregoing, in view of the economic capacity of the applicant, the judge
shall decide, in the circumstances of the case, whether to provide prior assurance at the beginning of the provisional execution, in which form it may do so and in what amount. The amount to be fixed shall be proportional to the economic capacity of the applicant.
If the sentence is fully or partially revoked, whatever the cause, the performer must respond to all the damages produced to the execution, which may be immediately required in the same process.
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Issue of provisional execution. Resources
Art. 595.-If it is an enforceable title provisionally, the judge shall order the provisional execution of the order, if it has been applied for in time and the security fixed, if any, provided.
Against the decree ordering the provisional execution, no recourse will be made. Against which the refusal can be appealed on appeal.
Opposition to Interim Execution
Art. 596.-The execution may be opposed to execution when the
requirements required in the previous article were not met.
The executed may also claim, as an opposition, the extreme difficulty or impossibility of
returning things to the state they were in before the executive actions, or asking for the compensation to be secured if the judgment was overturned.
Opposition to interim execution on money payment runs
Art. 597.-If the sentence were to be paid, the opposition will not be able to address the entire execution, but must be related to specific executive actions of the procedure, when the
executed considers that such actions can cause an impossible situation to reverse or to compensate economically by the compensation of damages.
In this case, the executed person must point out, in the statement of opposition, alternative measures that are possible and do not provide situations similar to those that would cause, in his opinion, the action or measure to which he opposes.
When the judge considers the opposition to be founded but does not agree to the proposed alternative measures, the execution will provide sufficient guarantee to ensure the damages that the executing person can
suffer due to the delay in execution, if the judgment is confirmed in the appeal.
Opposition Substance
Art. 598.-THE STATEMENT OF OPPOSITION, WHICH SHALL ACCOMPANY THE DOCUMENTS DEEMED TO BE RELEVANT, SHALL BE SUBMITTED WITHIN FIVE DAYS FROM THE
FOLLOWING THE NOTIFICATION OF THE DISPATCH OF THE EXECUTION OR OF THE SPECIFIC EXECUTIVE ACTIVITY. (1)
The performer will be heard, and all parties will be summoned to a hearing, to be held within five days of the notification, and to which they must come with the means of proof that they attempt to avail themselves.
In the hearing, the parties shall submit what they consider to be relevant and shall practice the evidence that they provide and that the judge admits, and the resolution that is appropriate must be followed.
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Opposition Decision
Art. 599.-If the opposition is dismissed, the provisional execution shall be continued.
If the opposition is estimated to be unduly granted the provisional execution, the latter will be
declared to be improvised by order, in order to file the executive actions; and in addition, all the measures taken against the estate of the executed will be lifted.
If the opposition is estimated for reasons of substance, it will be issued to leave the execution suspended, without affecting the permanence of the measures taken on the estate of the executed person.
If you consider the opposition referred to as an executive act, it will proceed according to the alternative measure accepted by the judge. If the alternative measure is not accepted, the execution must constitute a guarantee and the provisional execution will proceed without performing any concrete action for which there was
opposition.
Interrupt pecuniary execution
Art. 600.-When the sentence is pecuniary, the judge must stop the provisional execution at the request of the person executed if this slogan is the principal plus the interest and costs accrued or that could be accrued until the firmness of the sentence.
Confirmation of the provisionally executed statement
Art. 601.-If the judgment that decides the pending appeal confirms the resolution provisionally executed, the provisional executive activity will continue, except in the case that the judgment has reached firmness for not having recourse against it or when the appeal has not been filed
within the legal period. In both cases the execution will continue as definitive.
Total revocation of the provisionally executed statement
Art. 602.-If the provisionally executed sentence is completely revoked, the execution will be terminated, and the judge must take the measures that are brought to bring the things back to the state
, either by the return that the performer of the perceived money, the thing or the good that has been delivered to him, be by the way of undoing the fact. If the return of the good or the thing is not possible, it will be replaced by its equivalent in money.
Return will reach interest, fruit, or income. The costs incurred will also be reinstated and the damages will be compensated for.
Partial revocation of the provisionally executed statement
Art. 603. In the event of partial revocation of the sentence of pecuniary conviction, only the difference between what was perceived by the performer and the amount to which he was convicted in the judgment that decided the appeal will be returned.
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The performer may object to the return, providing sufficient assurance to respond to the damages that may be caused to the execution.
THIRD TITLE THE DINERARY EXECUTION
CHAPTER FIRST FIELD OF APPLICATION
provenance
Art. 604. The provisions of this Title shall apply to all claims arising out of the existence of an implementing title where the obligation contained therein is liquid.
To order the execution, any amount of determined money, expressed in the title with understandable letters, figures or guismos, shall be deemed to be liquid, whichever is the case with letters if there is disagreement.
However, to order the execution, the amount that the performer requests for the interest that could be accrued during the execution and for the costs that this origine will not have to be liquid.
Expiration of a new obligation deadline
Art. 605.-If, during the execution, any period of the obligation executed or is in full, the execution shall be extended to the amount of the new maturities or to the total expired, if any, which may be requested in the application for execution. The extension of the run
will, by itself, cause enough cause to order the improvement of the embargo.
If in the initial writing of the performer the extension is requested directly, in the order that you order
the execution will be made to know to the executed that the one will operate automatically, except that by the date of the expiration the executed one would have entered the corresponding amounts in the account of foreign funds in custody.
Pre-Execution Audience
Art. 606.-Outside the case provided for in the second indent of the previous Article, once the extension of the execution has been requested, the execution shall be given to the person executed for the purpose of the fact that within a period of not more than three days the execution of the execution shall be carried out or oppose it.
The failure of the execution of the appeal shall be understood as submission to the extension referred to.
Opposition from the executed to the extension
Art. 607.-If the execution is opposed to the extension of the execution and the cause of the execution
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would be manifestly attachable, an incident will be opened in which they are exposed and tested, as the case may be, the reasons why enlargement is not appropriate.
The application for extension is admissible, the judge will order the improvement of the embargo and proceed as in the original execution.
Rejected the application for enlargement, the creditor's right to establish the corresponding claim for the sum whose enlargement has been denied to him will be issued.
Quantity for which the execution is issued
Art. 608.-The execution shall be decreed by the amount indicated by the performer in the application, as principal and interest due to the date on which it is filed.
Equally, it will reach the amount provisionally fixed for interest accrued during the execution and the costs incurred by it, without this amount being able to exceed
a third of the one mentioned in the previous paragraph, except that exceptionally a higher predictable amount is justified, given the circumstances of the case. The execution by these amounts is without prejudice to the subsequent liquidation.
CHAPTER SECOND EXECUTION AND COMPLIANCE
Payment for the Running of the Due Sum
Art. 609.-The debtor may pay at any time, making available to the creditor the
total of the amounts due, by means of consignment of the same in the court, which must extend proof to the debtor; and, after the liquidation of the costs, the execution will be closed.
The debtor may also be able to be raided without further payment of the sum due after receiving notification of the execution, proceeding in accordance with the preceding paragraph.
The costs of the execution will be imposed on the executed person, unless he/she credits the fact that he was prevented from making the payment.
Creditor Insatisfaction
Art. 610.-When the entry made by the debtor is total,
further dissatisfaction from the creditor shall be accepted in this respect
The judge will admit the consignment and in the act will send to the account of the Ajenos Funds in Custody
the amount of money in question, with the obligation being extinguished.
If the payment is partial, it will be understood that the debt is extinguished in the amount paid or made available to the creditor, and will continue the execution for the rest.
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CHAPTER THIRD DETERMINATION OF THE PROPERTY OF THE EXECUTED
Obligation to manifest sufficient assets
Art. 611.-The judge shall require the executed person to present, within five days, a statement under word of honor in which he manifests the possession and property of sufficient property and rights to deal with the execution.
This requirement will be made with the warning that, if you do not do so or you do so falsely, you will incur the sanctions that will occur for the disobedience of a judicial mandate.
Finding goods
Art. 612.-If the execution is installed, there is no knowledge of the existence of sufficient assets held by the execution, the judge may address the relevant public records in order to facilitate the relationship of all the goods or rights of the executed person, of which it was recorded.
You may also ask for a report of account and deposit balances that may have been executed on financial institutions, up to the limit of the amount that is being executed.
The above will be applicable when the investigation that could be performed by the executing creditor would have been unsuccessful.
Collaboration on the inquiry
Art. 613.-The persons and entities to whom the judge is directed in application of the previous article
are obliged to lend their collaboration and to give to him how many documents and data they have in their possession. In any case, the fundamental rights and limits expressly imposed by the laws shall be respected.
The judge may impose periodic fines on persons and entities who do not provide the collaboration that the court requires of them according to the previous subparagraph, in amounts ranging from five to ten
higher, current, urban minimum wages, which will graduate according to the value in litigation, without prejudice to the reporting of the contralorous entities.
If the court receives data other than the purpose of the execution, it shall take the necessary measures to ensure its confidentiality.
Goods absence for total satisfaction
Art. 614.-If the goods already made to cover the entire debt are insufficient and
does not consist of the existence of others, the provisional file will be ordered once the means of investigation have been reasonably exhausted, until other assets of the executed person are known.
New goods will be reported to the court that has issued the file for insufficiency
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of goods.
The resolution declaring the insufficiency of goods and their amendments shall be entered in the relevant public records.
FOURTH CHAPTER OF THE EMBARGO
General Rule
Art. 615.-The execution shall be carried out, the seizure of goods shall be carried out by means of the appropriate
judicial declaration that agrees, except that the executed one consignes the amount due, in which case the embargo will be suspended.
IF THE EXECUTED OBJECT IS OPPOSED, THE AMOUNT ENTERED SHALL BE DEPOSITED IN THE ACCOUNT OF FOREIGN FUNDS IN CUSTODY. IF NOT THE FORM, THE QUANTITY ENTERED TO AVOID THE EMBARGO SHALL BE DELIVERED TO THE EXECUTING PRIOR SETTLEMENT. (1)
Effect of the embargo
Art. 616.-Decrees the embargo, the goods to which it relates will be affected to the execution.
There shall be no effect on the performance of the executor, or on the solidarity or subsidiary officers of the executed person, the provision for free title or the waiver of the assets or rights that are taken up by
the person executed during the stay of the embargo.
Embargoer Executor
Art. 617. The embargo shall be made by means of an executor of embargoes, as a delegate of the judge and with the authority conferred by it. If goods located in place other than that of the
territorial district of the court are to be seized, the executor may carry out the embargo without the need for authorization from the competent judge of the locality in which the goods are located.
Embargo by trade
Art. 618.-The embargo on wages or on goods entered in any office or public register
may also be made by means of a trade which the judge will be able to deliver for such purposes.
Extension and limits of the embargo
Art. 619. THE EMBARGO OF A THING OR A RIGHT, INCLUDES THAT OF ALL ITS ACCESSORIES, BELONGINGS AND FRUITS, EVEN IF THEY HAVE NOT BEEN EXPRESSLY MENTIONED OR DESCRIBED.
(1)
Goods whose foreseeable value is greater than the amount that execution would have been issued will not be able to be shipped, unless they were the only ones existing in the execution estate
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and that its affectation will be necessary for the purposes of the execution.
Indeterminate embargo nullity
Art. 620.-The embargo on goods and rights whose effective existence does not exist will be null.
By way of derogation from the foregoing paragraph, bank deposits and the favourable balances to be disposed of open accounts in credit institutions may be foreclosed, provided that, due to the
executive title, an amount is determined as the maximum limit. It may be freely available for the purpose of exceeding that limit.
Inembargable assets
Art. 621.-Inembargable goods are considered as follows:
1. The goods and rights declared inalienable, as well as those that lack heritage content. However, the alienable accessories with independence
may be embargoed on the principal. 2nd. The goods and quantities expressly declared to be inembargable by any provision
legal or by International Treaty.
3º. The furniture of the house, as well as the clothes of the executed and his family.
4th. The books and instruments necessary for the exercise of the profession, art or craft to which
is dedicated the executed.
5th. In general, goods such as food, fuel and others which, in the judgment of the court,
are indispensable for the execution and the persons who depend on them to be able to attend to their subsistence with reasonable dignity.
6th. Those destined for the cult of legally established religious confessions.
7th. Those who by their nature, at the discretion of the judge, are less than the expenses
necessary for their realization.
Wages embargo
Art. 622.-THE SALARY, SALARY, PENSION, REMUNERATION OR ITS EQUIVALENT IS ALSO INEMBARGABLE, IN SO FAR AS IT DOES NOT EXCEED TWO MINIMUM, URBAN, AND HIGHER WAGES IN FORCE.
(1)
On the amounts perceived in such concepts that exceed that amount will be able to be locked
however according to the following ratio:
-one five percent for the first additional amount until you assume the amount of double the minimum wage;
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-ten percent for the additional amount up to the amount equal to a third salary
minimum;
-one fifteen percent for the additional amount up to the amount equivalent to a fourth
minimum wage;
-one twenty percent for the additional amount up to the amount equivalent to a fifth
minimum wage;
-one twenty-five percent for the amounts exceeding this sum.
Invalidity of embargoes
Art. 623. The embargoes of non-embargoable goods and those that exceed the limits set in this code, even if they are carried out with the consent of the affected person, are null and void.
Order of goods for the embargo
Art. 624.-When there are mortgaged or committed assets, they shall be carried out against them before they are not; but if the debtor presents other goods and the creditor is satisfied
it will bethe embargo.
Other goods will also be shipped from then, provided that, in the judgment of the executor,
will not reach the mortgaged goods.
Boarding money. Warranty
Art. 625.-If cash or convertible foreign currency will be shipped, it will be in accordance with the provisions of the Judicial Organic Law.
Embarment of accounts, credits, wages, wages, or other remuneration
Art. 626.-If accounts opened in financial institutions, credits, salaries, salaries or other remuneration or, in general, assets that generate money in favor of the executed person in charge of a third party, the judge will order the court to keep the amount corresponding to the
limit of what is owed in the execution. In excess of this limit, you may be able to dispose of your bank accounts or receive the relevant amounts.
After judicially ordered the credit retention of the executed will not be valid the payment made by the debtor.
Embargo of securities, securities, or financial instruments
Art. 627.-If securities, securities or financial instruments are to be seized, the judge may agree to the embargo on dividends, interest, income of all classes, and refunds that, at maturity, will
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correspond to the executed, it is necessary to notify that court decision to whom you must make the payment, order that you retain the amounts at the disposal of the court. You can also order the
to retain the
, value, or financial instrument itself.
The embargo will also be notified to those responsible for the market in which the securities, securities or
instruments are traded, or to the administrators of the issuing companies, when those will represent a stake in it.
Embargo of interest, income and fruits
Art. 628.-When interest, income or fruits are seized, it shall be ordered to whom it is to be delivered by
to the debtor or to the person who directly receives them and enters them into the account of the Ajenos Funds in Custody, if they are interests; or simply to make them available to the court, if they are income or fruits of another kind.
If necessary, in respect of the latter, it may be ordered that a judicial administration be constituted, in order to ensure a better guarantee; and the same providence can be agreed upon when the
of retention or entry is ignored
Furniture Ship Shipping
Art. 629.-The furniture embargo will be carried out in the place where they will be found. When practicing the embargo, the executor shall record the most accurate description of the goods shipped, with indication of their distinguishing signs, of the state in which they are located and of all those elements
that serve for the purposes of the subsequent realization. For this purpose, the executor may use the means of graphic documentation and shall record the statements made in the act by the interveners in the embargo.
The embargoed shall be deposited in accordance with the law, taking, in the act itself, the precise measures in order to the deposit and to the designation of the depositary.
Depository Designation
Art. 630.-The entity or person in charge of the deposit shall be determined, taking into account the nature of the property and its productivity. At the request of the executing person, the executing or third party of responsibility and solvency may be appointed as depositary.
In the case of objects of special value or requiring special care, the deposit shall be made in the accredited public or private entity that is more convenient.
Depository Duties
Art. 631.-The depositary must guard and keep the goods with due diligence, display them in the conditions indicated to him and hand them over to the person whom the judge designates, as otherwise he will be removed. Where the executed person is appointed a depositary, the use of the embargoed may be authorized which is not incompatible with its conservation, as well as its replacement if required by nature
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of things or business activity, but their fruits or incomes will be affected by the execution.
Real Embargo
Art. 632.-If real estate or other goods are entered in public records, the executor
of embargoes must be diligent the respective commandment of embargo until its effective registration.
If the property whose attachment is intended to be entered is already taxed, it will be recorded
in the respective minutes, with specification of the precedence of the annotation.
Embarge of companies. Judicial Administration
Art. 633.-When, at one time, the interested party requests the seizure of a company, the court shall appoint an intervener from the Box, and such appointment shall be entered in the Register of
Trade, after acceptance and swearing.
Corresponds to the controller with the box:
1. Keep an eye on the company's accounting, taking care that documents match such movements;
2nd. Monitor the purchases and sales that are made in the company, taking care that the documents match such movements;
3rd. Monitor the collection of debts in favor of the company;
4th. Take care that the investment of funds is done properly;
5th. To take account of the entries and expenses of the goods that are the subject of the intervention;
6th. Ensure that the undertaking on board continues with the operation of the rotation it has entrusted to it.
In the event that the financial controller notices abuse or embezzlement in the administration of these assets, he will give notice to the judge and the executing person, and may be the first to decree the deposit and retention of the liquid products in a bank or in the power of those who deem it appropriate without prejudice to informing the Office of the Prosecutor General's Office
Enhancing and reducing the embargo
Art. 634.-Both the executing and the executed may ask for the improvement, reduction or modification of the embargo when the change in circumstances makes it doubt the sufficiency of the goods
affected to the execution, or when the amount embargoed exceeds what is necessary to face the obligation, or when the circumstances of the embargo can change without risk for the success of the execution.
however
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Art. 635.-EXCEPT FOR LEGAL EXCEPTIONS, ANY GOOD EMBARGOED MAY BE THE SUBJECT OF SUBSEQUENT EMBARGOES, THE JUDGE TAKING THE NECESSARY MEASURES FOR ITS EFFECTIVENESS.
(1)
FIFTH DOMAIN TERCERIA
DOMAIN TERCERIST
ART. 636.-It will be possible to interpose domain terceria, in the form of a demand, the one that claims to own
of a well embargoed as belonging to the executed one, provided that it has not acquired it of this one time the embargo.
They may also institute third parties for the seizure of the embargo, who are the holders of rights that, by express legal provision, may object to the embargo or to the forced realization of one or more assets seized as belonging to the one executed.
Domain Terceria Demand
Art. 637.-The terceria of dominion must be brought before the same judge that is aware
of the process, since it has been locked in the good or in the goods to which it refers.
With the demand for domain terceria must be provided a principle of proof of the foundation
of the pretence of the third party.
If the demand for domain terceria is not accompanied by the principle of proof required, it will be
will prevent the third-party from the third party by one time, and for the period of three days, so that the omission will be remedied; if it does not, the demand will be rejected. It shall also be rejected after the delivery of the good to the creditor or the third party who is in the public auction.
Prohibition of subsequent third-party
Art. 638.-No second or subsequent third case shall be permitted on the same goods, founded on titles or rights which the person has in question at the time of making the first.
Effects of Domain Terceria Admission
Art. 639.-The admission of the demand for third-party goods shall only suspend the execution in respect of the goods to which it relates.
The judge, after hearing the parties, may condition the admission of the third-party demand to the third party to provide caution for the damages that could be caused to the executing creditor.
In the judgment of the court and at the instance, with the admission of a terceria of domain
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may be ordered to improve the embargo.
Procedure and legitimization
Art. 640.-Terceria of dominion will be dealt with through the common process, and in it can only
decide on the continuity or the lifting of the embargo that would have fallen on the good to which the terceria refers.
The demand for the third party will be filed against the executing creditor and against the executed debtor.
Resolution. Dismissal
Art. 641.-Terceria will be decided by order that will not cause the effect of res judicata.
In case the terceria is dismissed it will be ordered to continue the embargo on the good.
Storing resolution and lifting of the embargo
Art. 642.-The order that the third party considers will order the lifting of the lock and the removal of the deposit, as well as the cancellation of the preventive annotation and any other measure of guarantee of the embargo on the good to which the terceria refers.
SIXTH PAYMENT PREFERENCE TERCERIA
PAYMENT TERCERIST
ART. 643.-The intervention of a third party in the execution, founded on its right to be reintegrated of its credit with preference over the executing creditor, must be deducted before the judge who is aware of the execution, and will be substantiated with the executing and the executed, by the procedures of the process
common.
The terceria thus promoted will not suspend the execution in process, it must be continued until
the realization of the goods or the embargoed rights. Your amount, up to the limit of the amount discussed, will be deposited in the Ajenos Funds Account in Custody.
Procedure and legitimization
Art. 644. -A the claim, which must be directed against the executing creditor, will be accompanied by a
principle of proof of the alleged right, without which it will be rejected.
The demand will also be rejected when the payment to the creditor is made after the payment is made
, as well as that which is brought after the delivery of the good to the performer, provided that the performer has already acquired his ownership under the civil law.
The process will be limited to deciding on the existence of the privilege and order of satisfaction of the
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different credits, without prejudging other actions that might be exercised.
The executed can intervene in this process, to which the demand will be notified, giving it an audience of the same.
Raiding and dropping the performer
Art. 645.-If the credit of the third party is in executive title and the performer is cleared to that
best-right terceria, it will be dictated, without further formalities, order to order to continue the execution, in order to satisfy in the first place the third party.
If the credit of the third party is not enforceable, the executed person who is in the position of the third party must express his or her conformity or disconformity with the search of the performer, within five days of the date on which he had been transferred from the search document. If the
executed is shown in accordance with the break-in, or the deadline passes without expressing its disagreement, it shall proceed in accordance with the provisions of the preceding paragraph. When the execution is opposed to the raid, a car will be issued in which the executing agent will be searched, sending the third party to follow
with the execution.
If the demand is notified, the execution will desist from the execution, will proceed as set out in the previous paragraph, without the need to obtain the compliance of the executed person, provided that the
credit of the third-party person is executive. If not, the execution process will be overruled, unless the executed person agrees to continue to satisfy the credit of the third party.
CHAPTER SEVENTH REALIZATION AND AUCTION OF FORECLOSED ASSETS
Immediate Realization of Goods
Art. 646.-The money, balances in deposit, goods or securities that are accepted by the performer at their nominal value and the convertible currencies will be delivered to the previous creditor.
The shares, obligations and other forms of corporate participation will be carried out by means of disposal in the relevant market, or according to the rules that are applicable if they are not listed on the market.
Valued assets
Art. 647. In any event, the value of the goods seized by the expert appointed by the Judge shall be carried out.
In order to assess the assets, the judge will appoint an expert expert to demonstrate technical knowledge in this field.
The expert to be designated may be challenged by the performer and the executed person who has
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appeared.
Accepted the order, the expert will give the court the assessment within five days, unless there are justified circumstances to set another, which will not exceed ten days. The valuation shall be in accordance with the market criteria. In the case of real estate, the charges or
charges that they may have will not be deducted.
Predisposing of goods
Art. 648.-The executed person may submit to an interested party to acquire in whole or in part the embargoed, by the value of appraisal.
If the execution makes use of this faculty for dilatory purposes, that participation will be rejected in a reasoned resolution.
Hearing for the realization of the goods
Art. 649.-The goods shall, at the request of any of them, be cited to the parties and to third parties who have rights to the goods to be liquidated to a hearing which shall be intended to decide the best way to carry out such goods. The hearing will be held even if all the above mentioned are not present, if at least the executing and the executed are present.
The concurrent persons may propose in the hearing the procedure of realization and their conditions, and present in the act persons who, with the due bail, offer to acquire the goods for the justiprice.
Risk of loss or depreciation of foreclosed assets
Art. 650.-If, due to the delay in the realization, it is possible to cause transcendent depreciation, or loss or extinction of the goods or rights, it will be possible to order at any moment its realization without strictly adjusting to the procedures established in this code, as well as the variation of deadlines or of the
other conditions.
Realization Convention
Art. 651.-If there is agreement between executing and executed on the form of realization, the judge shall approve it by means of order, unless it is contrary to the law or that it causes damages to third parties. In case of
approve it, you will point to a maximum time limit to proceed to it, being suspended between the execution.
The convention has been completed, execution will be over if the performer is completely satisfied, and if not, the remaining amount will be continued.
If the realization agreement has been breached, the suspension will be lifted and the auction of the good will proceed.
Performing by the executed
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Art. 652.-The executed person may ask that he be authorized to perform the good, on what the judge will decide by hearing the performer.
If you agree to the application, you will set a maximum period for the performance, with the warning that, if the property is not performed, the damages and damages that are caused must be paid to the performer.
Delegation to the realization of the goods
Art. 653. At the request of both parties, it may be entrusted to carry out all or any of the goods to a person designated for that purpose, which is suitable for its specialty and effectiveness.
The designated person must carry out all the material and legal proceedings that carry out the performance of the goods in question; and may assume, where appropriate, the condition of the deposit of the same, for which he will provide caution to guarantee the good end of the order.
In addition, it must conform to the limits imposed upon it, in accordance with the rules that govern it; and it will perform, under its responsibility, the actions entrusted and those required by
the nature of the goods, and must bring to the attention of the acquirers the state of those.
The realization cannot be done by value less than the priced justiprice. The amount obtained will be entered into the Account of the Ajenos Funds in Custody, without the fees and commissions that
must receive the person who did the good. Approved by the court, the loan will be returned to the director.
If the sale is to be cancelled due to the person appointed, it shall reintegrate the amount of the commission and the fees it would have received, and shall be liable in person for the regularity of the execution procedure, without prejudice to any other responsibilities.
Adjudication of Goods
Art. 654.-The executor shall have at any time the right to award or acquire the goods for the amount of the Justiprice.
The award of assets to the creditor extinguishes its credit to the limit of the value of the good. If that value exceeds the amount of your credit, you must pay the difference.
Delivery of goods in administration
Art. 655.-The executing creditor may request the delivery of the goods in administration at
any time of execution. When requested, it shall be so, if the judge understands that the request is in accordance with the nature of the goods seized, and after hearing, where appropriate, of third parties affected by having rights registered after those of the executor.
THE PERFORMER MUST BE ACCOUNTABLE TO THE ADMINISTRATION WITH THE PERIODICITY TO BE SET BY THE JUDGE. THE EXECUTED OR THIRD PARTIES CONCERNED MAY OBJECT TO THE SETTLEMENT LODGED WITHIN SIX DAYS OF THE NOTIFICATION OF THE ACCOUNTS.
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THE DISCREPANCY WILL BE RESOLVED IN A HEARING WHERE THE PARTIES WILL BE ABLE TO AVAIL THEMSELVES OF THE RELEVANT EVIDENCE. (1)
The administration will cease when the income or products are covered by the total amount to be executed, or when the executed person pays the full amount at that time. In any case,
the performer must yield a final account of the administration.
Auction Call
Art. 656.-The completion of the goods seized by judicial auction shall be agreed upon, where the other procedures available cannot be applied or where the other procedures have been ineffective.
Any auction will be given advertising through edicts that will be set on the board of the court, which in addition must be published in an extract in a national circulation newspaper. The call
shall be made at least 15 days in advance of the date on which the auction is to be held. The respective notice shall indicate the date and the place and time of the celebration.
Requirements to participate in auction
Art. 657.-To take part in the auction, the person concerned must verify his economic solvency.
Tender Conditions and Offeror Requirements
Art. 658.-The edicts shall include a statement of all the conditions, general or particular,
of the auction, if any, and with the data and circumstances that are relevant to the success of the auction.
To take part in the auction the bidders must identify themselves in a sufficient manner and declare
that they know the general and particular conditions of the auction.
The performer will be able to take part in the auction and improve the positions that are made.
You will also be able to take a stand, reserving the right to release the auction to a third party. The assignment will be verified by appearance before the court, with assistance from the transferee, which must accept it,
with prior or simultaneous payment of the price of the auction.
Real Estate Auction Conditions
Art. 659.-In the case of the auction of real estate, in addition to the requirements required in the previous article, the edicts will state that there is in the court certification record updated on the
goods at auction.
Developing and terminating the auction audience
Art. 660.-The act of the auction, which shall be presided over by the judge, shall begin with the reading of the relation of goods, or, where appropriate, of the lots of goods, and of the special conditions of the auction. Each batch of goods shall be auctioned separately.
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THEN THE VARIOUS POSITIONS IN RELATION TO THE GOOD OR LOT IN QUESTION WILL BE GOING ON, 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. (1)
The auction will be completed, minutes will be raised, in which the names of the
who participated and the positions they formulated will be entered.
Approval of the auction
Art. 661.-The judge shall approve the auction in favour of the highest bidder by car, on the same day or in the following day.
The rematant will have to pay the total of its position within a maximum of ten days. If it is the performer who has made the best position, the liquidation of what is
shall be carried out by principal and interest, and shall indicate the difference, if any, within the next 10 days, taking into account the settlement of costs.
The payment shall be made up, the successful tenderer shall be placed in possession of the goods, with the registration of his or her right in the public registers in which the property is registered and the subsequent charges must be cancelled.
If the payment has not been made within the time limit, the car that approved the auction will be revoked, in any case the supplier obliged to pay the damages caused.
POSITIONS THAT OFFER TO PAY IN INSTALMENTS. (1)
Art. 662.-When there are positions above the value of the price and offer to pay in instalments with
sufficient guarantees, bank or mortgage, the performer will be able to ask in the following five days for the award of the goods for the value of the price. If the performer does not use this right, the auction will be approved in favor of the highest bidder.
Award for payment of unsold goods
Art. 663.-If in the event of the auction there is no bidder, the performer may ask for the award of the goods for the value of the roasting.
Distribution and payment of the sum due
Art. 664.-The amounts to be obtained in favor of the executants will be applied, in their order,
to the payment of principal, interest and costs, once settled those and valued. The remainder, if any, shall be made available to the debtor.
When there are several embargants and the surplus is insufficient, the payment shall be distributed on a pro rata basis. If there are third parties with preferential right, they will be paid in the order due, in accordance with the provisions of the civil code and relevant laws.
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CHAPTER EIGHTH SPECIAL RULES ON BUILDING
Certification of Domain and Loads
Art. 665.-When the object of the auction is a property that is susceptible to registration in a public register, the court will hold a warrant for the registration in question so that it will refer to it certifications in which the ownership of the domain is known, as well as the actual rights that affect it and the
burdens that will be taxed, if any.
The record keeper shall record the margin of the respective seat for the issue of the
certification referred to in the preceding paragraph, expressing the date and the procedure to which it relates.
Real Estate Rating for Auction
Art. 666.-The real estate will go to auction for the price.
DISPOSAL BY CONVENTION OR DELEGATED REALIZATION. (1)
Art. 667.-The disposal by agreement or delegated realization shall be approved judicially if it consists that the transmission of the good was produced with knowledge, by the acquirer, of the situation recorded
that results from the certification of loads.
Preferred previous rights holders
Art. 668.-At the request of the executing person, the court shall address the holders of the previous credits which are preferential to which it is executed to report on the current subsistence of the credit
guaranteed, its current amount, the due date and, where applicable, the time limits and conditions in which the payment is to be made. If the credit is overdue and not paid, it will also be reported in the past due moratoria interest and the amount to which interest is accrued for each day of
delay.
That report must be submitted within the maximum ten days; and the procedure will continue
even if the report does not give up.
Entitled rights holders
Art. 669.-The court shall communicate the existence of the execution to the holders of rights registered after that of the executing person, if his domicile consists in the register. The other right holders
will not be notified, but they will be able to intervene in the execution if they credit the registration.
Any holder of rights registered after the tax that is executed may
be subrogated to the rights of the performer if he pays the principal, interest and costs generated up to the moment of payment. This will be recorded in the register by note to the margin.
Communication from execution to tenants and to occupants in fact
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Art. 670.-If in the foreclosed building there were occupants who were not executed or those who live with it, they will be notified of the existence of the execution, so that within five days they present
to the court the titles that justify their situation.
The announcement of the auction will make known the property situation of the property, and, if there are any
occupants, it must contain the order of eviction, when it is an occupation of mere fact or without sufficient title, or to communicate that the occupants have the right to remain in the building after the alienation of the good.
In any event, this court statement on the occupants of a property will leave the rights of the persons concerned, whatever their content, to be safe, which may be exercised in the process
.
Third holder
Art. 671.-The one who becomes third holder of the building object of the embargo after being locked, may be personated in the execution without the suspension of its course, before the embargo is carried out,
having to prove the inscription of its title.
The third holder may release the good before its completion by satisfying what is owed to the creditor by principal, interest and costs, within the limits of the liability to which this subject
the good.
Acquisition Enrollment
Art. 672.-The acquirer of a well executed, whether by convention, performance, delegation or auction, may register his or her right in the corresponding records. To this end, the court will issue a certificate of
the transfer and justification of the payment or entry of the agreed amount or, where appropriate, verification of the financing that would have been obtained to carry out the acquisition.
Cancellation of loads
Art. 673.-At the request of the acquirer, it shall be issued, where appropriate, with the order of cancellation of
the annotation or registration of the charge which originated the auction or the award, as well as all subsequent entries or entries, stating in the same order that the value of the sold or awarded is equal to or less than the total amount of the claimant's credit and, if any
exceeded, that the remainder was retained at the disposal of the persons concerned.
Judicial possession and occupants of the building
Art. 674.-The acquirer may enter into possession of the building which is not occupied; and, where he is, he may do so if it has been stated that the occupants have no right to maintain
the occupation after the auction or the award. In this case, the launch shall be carried out, without prejudice to the actions which the occupants intend to exercise.
FOURTH TITLE
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THE EXECUTION OF DOING, NOT DOING, AND GIVING A CERTAIN THING
CHAPTER FIRST EXECUTION OF OBLIGATIONS TO DO
SECTION FIRST OBLIGATIONS TO DO NON-PERSONALISAS
Request and Requirement
Art. 675.-When the application of the executor is accepted, the obligor does not fulfill the benefit of doing so,
will be required to do so on its own terms with what the title establishes, within the time limit the judge deems necessary according to the nature of the obligation and the circumstances of the case. The period laid down for the commencement of compliance under no circumstances may exceed 15 days.
Warranty measures
Art. 676.-Where the obligation to execute and the delay cannot be immediately fulfilled, the effectiveness of the measures may be imposed, at the request of the executing person, the security measures deemed appropriate.
If the embargo is agreed, sufficient assets must be placed to ensure compliance with the principal obligation and the payment of interest, damages and damages and costs of execution that may result.
The embargo shall be lifted if the executed person provides sufficient caution, fixed by the court when he/she agrees, in accordance with the provisions of this code.
Incompliance with the obligation. Replacement or Compensation
Art. 677.-If the obligor does not comply with what is ordered, within the prescribed period, or shall do so in contravention of the obligation, the performer may ask that he be empowered to order the performance of a third party, at the cost of the execution, or to request that the cost
of the order be paid as damages.
However, when the title contains an express provision for the default case
of the debtor, it will be within the disposition of the debtor.
Performing by a third party
Art. 678.-If the performer chooses to order the performance to a third party, the cost of the execution will be assessed, either by means of the budget presented by the performer or by a skill ordered by the
judge; and the embargo will be carried out and the execution of the executed goods until the quantity to be determined is obtained. The executing person shall designate the person to be responsible for the execution, which shall be appointed by the judge.
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Damages Damages
Art. 679.-If the performer chooses to compensate for damages, they will be quantified as it is prevented for the liquidation of quantities.
SECTION SECOND OBLIGATIONS TO MAKE PERSONAL
Request and Requirement
Art. 680.-If the application of the performer is accepted, the obligor will not perform the benefit, it will be
toso, within the period that the judge considers necessary according to the nature of the obligation and with the circumstances of the case, to fulfill in his own terms what the title establishes. The period laid down for the commencement of compliance shall in no case exceed 15 days.
In the order, the executed person shall be warned that if he does not proceed to comply with the performance, the appropriate awards and fines shall be taken.
Warranty measures
Art. 681.-When the obligation to be executed cannot be immediately fulfilled,
and the delay could jeopardize its effectiveness, may be decreed, at the request of the performer, the guarantee measures deemed appropriate.
If the embargo is agreed, there will be sufficient assets to ensure compliance with the principal obligation and payment of the amounts that may be in the interest, damages and damages and costs of the execution.
The embargo will be lifted if the executed person provides sufficient caution, set by the court when he agrees.
Executions of the executed
Art. 682.-The person who was executed, within the period which he would have been granted in order to comply with the requirement, may express to the court the reasons why he refuses to comply with the obligation, making an argument of what he has as appropriate as to whether or not he is a person of the right to provide it.
If the judge considers that this is not an obligation of a personal nature, he will continue the execution to obtain compensation for the damages resulting from the non-compliance, as
to the provisions for the settlement of quantities.
Incompliance with the obligation. Option of the performer
Art. 683. -Translate the period granted without the executed fulfilling the obligation or present claims, the performer will be able to choose between requesting that the execution be realized in the delivery of an equivalent in money, that includes the repair of damages, or to continue to obtain the
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compliance.
However, when the title contains an express provision for the debtor's non-compliance case, it will be within the provisions of the debtor.
Cash Equivalent
Art. 684.-If the performer had opted for the delivery of the equivalent in money of the obligation
to do, it will be ordered to continue the execution with that purpose, proceeding to the quantification in the established terms for the settlement of quantities.
Without prejudice to this, the judge will impose a single fine on the execution of consideration at the price or the satisfied consideration, which may reach up to half of these amounts or of the value that is generally attributed to the obligation.
Run by the obligated and awards
Art. 685.-When the specific compliance is agreed, the executed person shall be subject to a fine for each month that passes without the obligation to carry out the obligation; the fine may amount to twenty per cent of the price or the unsatisfactory consideration or the value generally attributed to the obligation.
If, after one year, the execution has not been fulfilled or is in compliance with the obligation, the judge will order, at the instance of the performer, the replacement by the delivery of the money equivalent or the
adoption of any essentially analogous measure that is appropriate for the satisfaction of the performer.
SECTION THIRD OBLIGATIONS TO MAKE WILL STATEMENTS
Request and Requirement
Art. 686.-If the obligation to issue a declaration of will has not been made, at the request
the performer will be required to, within the time limit that the judge points out, that in no case may exceed fifteen days, proceed to issue it.
Incompliance
Art. 687.-If the obligor fails to comply with the requirement or will carry out the declaration of will
contravening the tenor of the obligation, the judge shall have it for the time being, provided that the essential elements of the act or contract are fixed. The judicial resolution shall be valid and effective as if it had been done by the executing person.
When the fixing of non-essential elements of the act or contract on which the declaration of intent is to be placed is lacking, the judge, hearing the parties, shall determine them in the resolution itself in which the declaration is issued, in accordance with what is customary in the market or in the legal traffic.
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When the indetermination affects essential elements of the act or contract upon which the declaration of will is to be placed, the execution shall be followed for the repair of the damages
caused to the performer, proceeding to quantify them as it is prevented for the settlement of quantities.
CHAPTER SECOND EXECUTION OF NON-DOING OBLIGATIONS
Request and Requirement
Art. 688.-IF THE OBLIGATION NOT TO DO ANYTHING TO DO THE FORBIDDEN, AT THE REQUEST
THE PERFORMER 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. (1)
In any event, damages caused by the breach of the obligation shall be repaired, which shall be quantified in accordance with the provisions of the settlement of quantities.
Undoing capability
Art. 689.-IF THE OBLIGATION DID NOT PROCEED IMMEDIATELY TO UNDO THE FACT AGAINST
OF WHAT SHOULD, WHEN POSSIBLE, BE IMPOSED FINES, EACH OF WHICH WILL AMOUNT TO TWENTY PERCENT OF THE VALUE THAT IS GENERALLY ATTRIBUTED TO THE OBLIGATION, FOR EACH MONTH THAT ELAPSES WITHOUT UNDOING THE FACT, UP TO A LIMIT OF FIVE TIMES. (1)
Undoable
Art. 690. Where it is not possible to undo the undue delay, the obligation to repair the damage caused to the performer shall be replaced.
Reiteration of obligation breaking
Art. 691.-S i the obligated to execute the forbidden, and how many times will it, will proceed
in the terms of this code. In any case, if the rebel will is credited with failing to comply, it will be certified to the Office of the Prosecutor General of the Republic, in case the facts are constitutive of crime.
CHAPTER THIRD EXECUTION OF NON-CASH OBLIGATIONS
Obligation to deliver generic or indeterminate things
Art. 692.-IF THE EXECUTION DOES NOT FULFIL THE OBLIGATION TO DELIVER GENERIC OR
INDETERMINATE, THE PERFORMER MAY REQUEST THAT HE BE PLACED IN POSSESSION OF THE THINGS DUE OR THAT THE OBLIGATION OF UNFULFILLED DELIVERY BE REPLACED BY THE PAYMENT OF THE EQUIVALENT OF ITS VALUE, UPON DETERMINATION IF NECESSARY, OR BY THE PAYMENT OF DAMAGES THAT WOULD HAVE BEEN CAUSED. (1)
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Obligation of Delivery of Certain Furniture Things
Art. 693.-If the obligor does not comply with the obligation to deliver certain furniture, the judge, at the request of the performer, shall place the person in possession of the goods, for which he shall use the means deemed necessary. If applicable, the transfer of the transfer will be ordered in the public records
, without the need for the obligation to intervene.
S i ignore the place where the thing is or will not be found, the
means of investigation that the judge declares pertinent may be used.
IF THE THING COULD NOT BE GIVEN, YOUR DELIVERY WILL BE REPLACED BY THE AMOUNT OF THE VALUE
OF THE THING PLUS THE REPAIR OF THE DAMAGES THAT WOULD HAVE BEEN CAUSED TO THE PERFORMER. (1)
Obligation of Real Estate Delivery
Art. 694.-When a property is to be delivered, the judge, admitted the application, will order that
to be in possession of the same to the performer, with the appropriate registration adjustments.
IN THE CASE OF POSSESSION, IT WILL BE EXTENDED DUE DILIGENCE IN WHICH THE LAUNCH OF OCCUPANTS AND THE STATE OF THE BUILDING WILL BE RECORDED, WITH INDICATION OF THE THINGS THAT
REMAIN IN IT, TO WHICH IT DOES NOT REACH THE TITLE, THOSE THAT MUST BE REMOVED WITHIN THE PERIOD THAT THE JUDGE POINTS OUT, SO THAT THEY ARE CONSIDERED ABANDONED THINGS. (1)
Furthermore, things which cannot be separated from the ground and on which the debtor or the occupants claim ownership shall be recorded in the diligence. If it consists of plantations or facilities strictly necessary for the ordinary use of the building, the performer must satisfy his
value at the request of the person concerned.
It will also be stated in the diligence the possible damages that exist in the building, for whose
repair it will be possible to agree the retention and deposit of sufficient goods that are found in that one and that they are owned by the possible one responsible.
Delivery of occupied properties
Art. 695.-When the building to be delivered is occupied by persons who do not
depend on the execution, they shall be notified of the existence of the execution so that within ten days they present in the court the titles that justify their occupation.
If the occupants are not entitled or insufficient, the launch will proceed immediately. The same will be done when the building is occupied by the executed or by whom it depends.
When the property is the usual house of the executed person you will be given a period of one month to dislodge it. After the deadline, the launch will take place.
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CHAPTER FOURTH SETTLEMENT OF AMOUNTS
Settlement of damages
Art. 696.-Where the amount due in respect of damages or the equivalent in money of a non-cash obligation is to be determined in the execution, together with the application, a detailed relationship including the amount and justifications or reports that
considers to be relevant shall be submitted. All this will be given to the obligation for a period of six days, in order to know its answer.
If the debtor expressly accepts the damages and the amount of damages, the judge shall approve it, continuing the execution in accordance with the provisions of the obligations for payment of money.
It will be understood that there is tacit acceptance of the relationship of damages and damages and of their amount if the debtor leaves the deadline to pass without answering to the request or if in the answer does not concrete his opposition to the request of the creditor.
When the debtor submits a reasoned opposition within six days, the creditor shall be heard, the procedure being substantiated by the proceedings of the abbreviated process, which shall end by means of order, in which the amount to be paid to the applicant shall be fixed.
Fruit or Income Liquidation
Art. 697. Where the amount due in respect of fruits, income, profits or products of any kind is to be determined in respect of the execution, the debtor shall be required to present the settlement within a period of ten days, subject, where appropriate, to the bases established
the debtor
If the debtor submits the settlement, the debtor shall be notified to the creditor; and, if it is displayed as compliant,
the judge shall approve it, continuing the execution in accordance with the provisions of the payment obligations.
When the creditor is opposed to the liquidation, the procedure shall be substantiated by the proceedings of the abbreviated process, which shall end by means of a self-order, in which the amount to be paid to the applicant shall be fixed.
Missing liquidation presentation
Art. 698.-If the debtor fails to present the settlement, the creditor shall be required to present the judgment which he considers to be fair, and shall be heard by the creditor in order to make it or to comment on it, continuing the proceedings for the proceedings of the abbreviated process. Items that do not
are repaired are considered to be consented.
Accountability
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Art. 699.-When a conviction has to be executed to account for an administration and to deliver the balance, the rules of the previous article will apply, although the deadline may be extended for
the obligation to present the accounts in consideration of the importance and complexity of the administration.
ONLY CHAPTER
FINAL PROVISIONS
Updating quantis
Art. 700.-All the amounts established in this code may be updated every five years, before the Supreme Court of Justice report in full.
Of the fines
Art. 701.-The pecuniary penalties that under this code are incurred for a fault, excess or for contravening the order in it, if it is dealt with the parties, will be given to it for forty-eight hours and with which it answers or without it, it will be confirmed or revoked this penalty. The certification
that of the acted will be extended will be executive title. More, if it is an official, either party may be able to go to the higher court to the extent that, by observing the same procedure as the parties, the fine shall be effective for the restraint system.
The above provisions for the parties will extend to any other intervener in the process.
Rissue of processes
Art. 702.-EVERY PROCESS SHALL BE TRANSMITTED FROM LOWER TO HIGHER AND VICE VERSA, WITH AN EXPRESSIVE NOTE OF THE FOLIAGE, THE CLASSIFICATION, THE REFERENCE AND THE PARTS THAT
INTERVENE; AND IN THE EVENT THE CORRESPONDING RECEIPT MUST BE ACKNOWLEDGED. (1)
Material media and human resources
Art. 703.-The Supreme Court of Justice shall take the necessary measures to ensure that the courts have the material resources necessary for the constancy of the oral proceedings and for the
procedural communications.
Judges Appointments
Art. 704.-REPEALED BY D.L. No. 430/13.
Derogatory
Art. 705.-Defeat the Code of Civil Procedures made law by means of Executive Decree
dated December 31, 1881, published in Official Journal No. 1, Volume 12, Publication of 01/01/1882, and its subsequent reforms; the Law of Commercial Procedures, published in Official Journal No. 120, Volume 239, publication of 29/06/1973; The Law of Cassation promulgated by Legislative Decree 1135 dated 31/08/1953, published in the Official Journal No. 161, Volume 160, publication dated 4/09/53 and its
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subsequent reforms; the procedural rules of the Inquilinate Law published in Official Journal No. 35, Volume 178, publication of February 20, 1958 and its subsequent reforms, as well as all those laws
or provisions contained in other normative bodies referring to the matters governing this code.
The provisions under this Article shall remain in force, shall be construed without
prejudice to their compatibility with the classification of the processes and to the reporting principles of this code.
Transient disposition
Art. 706.-The processes, procedures and procedures that are in process at the time of
to enter into force the present code, will be continued and will be concluded according to the regulations with which they were initiated.
Vigency
Art. 707.-This code shall enter into force on 1 January of the year two thousand ten following publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at eighteen days
of the month of September of the year two thousand eight.
Ruben Orellana,
President.
Rolando Alvarenga Argueta, Francisco Roberto Lorenzana Duran,
Vice President. Vice-President.
José Rafael Machuca Zelaya, Rodolfo Antonio Parker Soto,
Vice President. Vice-President.
Enrique Alberto Luis Valdés Soto, Manuel Orlando Quinteros Aguilar,
Secretary. Secretary.
José Antonio Almendariz Rivas, Roberto José d' Aubuisson Munguía,
Secretary. Secretary.
Zoila Beatriz Quijada Solis,
Secretariat.
NOTE: In compliance with the provisions of Art. 97, paragraph 3 of the Rules of Procedure of this Authority
of the State, it is stated that this Decree was returned with observations by the President of the Republic, on 13 October of this year, resolving this Legislative Assembly to accept these observations, in Plenary Session held on November 5, 2008.
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JOSÉ ANTONIO ALMENDARIZ RIVAS, SECRETARY-GENERAL.
CASA PRESIDENTIAL: San Salvador, on the fourteen days of November of the year two thousand eight
PUBLISH, ELIAS ANTONIO SACA GONZÁLEZ,
President of the Republic.
René Mario Figueroa Figueroa, Minister of Public Security and Justice.
D. O. No. 224 Volume 381
Date: November 27, 2008
LM/adar 19-02-09
REFORMS:
(1) D.L. No. 319, APRIL 15, 2010,
D.O. No. 100, T. 387, MAY 31, 2010.
(2) D.L. No. 246, JANUARY 21, 2016,
D.O. No. 29, T. 410, FEBRUARY 11, 2016.
PARTIAL REPEAL:
D.L. No. 430, JULY 25, 2013, D.O. No. 149, T. 400, AUGUST 16, 2013.
EXTENSION VALIDITY:
D.L. No. 220, DECEMBER 11, 2009;
D.O. No. 241, T. 385, DECEMBER 23, 2009.
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EXTEND THE VALIDITY OF TITLE IV AND V OF THE SECOND BOOK (Arts. 659 TO 777) OF THE CIVIL PROCEDURE CODE AND CHAPTER XI (Arts. 77 to 119) OF
MERCHANT PROCEDURE CODE (DEC. 360/73), ONLY UNTIL THE ISSUANCE OF A SPECIAL LAWL D.L. No. 377, 3 JUNE 2010;
D.O. No. 116, T. 387, JUNE 22, 2010.
UNCONSTITUTIONALITIES:
*THE CONSTITUTIONAL ROOM OF THE SUPREME COURT OF JUSTICE, BY RESOLUTION 46/2010, OF 23/12/2011, DECLARED UNCONSTITUTIONAL ART. 252 ORD. 2 °, BY CONTRADICTIONS WITH RESPECT TO ART. 2 INC., 1 ° OF THE CONSTITUTION, FOR NOT REQUIRING IN THAT ACT MANDATORY PROCUREMENT. (ROM/25/01/12)
** THE CONSTITUTIONAL ROOM OF THE SUPREME COURT OF JUSTICE, BY SENTENCE No. 117-2012, PUBLISHED IN THE D. O. No. 99, T. 411, OF MAY 30, 2016, DECLARES THE ARTS. 28 ORD. 1 ° AND 557, BECAUSE IT TRANSFERS TO THE CIVIL ROOM A JURISDICTION THAT THE CONSTITUTION CONFERS ON THE SUPREME COURT OF JUSTICE, WHICH, BY BEING JURISDICTIONAL, IS INSELECTABLE, IN VIOLATION OF ART. 182 ORD. 4 ° CN. (JQ/30 /06/16)
RELATED PROVISIONS:
LEGAL PROVISIONS TO THE EFFECT THAT THE COURTS THAT KNOW OF THE PROCESSES AND PROCEEDINGS IN THE PROCESS, TO THE ENTRY INTO FORCE OF THE CIVIL AND COMMERCIAL PROCEDURAL CODE, ARE KEPT BEING PURGED WITHOUT THE
ESTABLISHMENT OF A SPECIFIED PERIOD. D.L. No. 892, DECEMBER 12, 2014, D.O. No. 240, T. 405, DECEMBER 23, 2014.
REGULATIONS ON INTERIM FILE OF PROCEEDINGS AND PROCEEDINGS IN THE AREA OF PRIVATE LAW.
D. L. No. 105, SEPTEMBER 3, 2015, D. O. No. 174, T. 408, SEPTEMBER 24, 2015.
CREATING COURTS:
-CREATE PLURIPERSONAL COURTS THAT YOU WILL KNOW ABOUT THE PROCESSES REFERRED TO IN THE CIVIL AND COMMERCIAL PROCEDURAL CODE.
D.L. No 372, 27 MAY 2010; D.O. No 100, T. 387, 31 MAY 2010. PARTIAL REPEAL A D. L 372/10
D.L. No. 892, DECEMBER 12, 2014, D.O. No. 240, T. 405, DECEMBER 23, 2014. EXTENSIONS: D.L. Nº 42, JUNE 29, 2012;
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D.O. Nº 120, T. 395, JUNE 29, 2012. (Vence on 31/12/13) D.L. Nº 579, DECEMBER 12, 2013;
D.O. No 241, T. 401, DECEMBER 21, 2013. (Vence on 31/12/14)
- PROVISIONS FOR COURTS TO KNOW IN PROCESSES
REGULATED IN THE CIVIL AND COMMERCIAL PROCEDURAL CODE. D.L. Nº 59, 12 JULY 2012; D.O. No 146, T. 396, AUGUST 10, 2012.
EXTENSION: D.L. No. 238, 14 DECEMBER 2012,(Deadline for meeting and forwarding processes: 30 /06/13) D.O. No. 240, T. 397, DECEMBER 21, 2012.
CGC 03/02/10
JCH. 15/06/10
JCH 30/06/10
ROM 12/07/10
ROM 25/01/12
JCH 05/09/12
SV 07/02/13
SV 16/09/13
SP 20/02/15
SP 22/10/15
FN 10/03/16
JQ 20/06/16
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