Amendments To The Civil Procedure Act

Original Language Title: Grozījumi Civilprocesa likumā

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Read the untranslated law here: https://www.vestnesis.lv/op/2012/197.3


The Saeima has adopted and the President promulgated the following laws: the law of civil procedure to make the civil procedure law of the Republic of Latvia (Saeima and the Cabinet of Ministers rapporteur, 1998, no. 23, no. 15; 2001; 2002; 2003, no. 24, 15; 2004, nr. 6, 10, 14, 20; 2005, nr. 7, 14; 2006, nr. 1, 13, 20, 24, 3. No; 2007, nr. 24; 2008, 13 no, 2, 6, 2009., no. 14; Latvian journal, 2009, no. 205; 2010, 166, 183, 206. no; 2011, 16, 95, 132, 148. no; 2012, 50, 63, 100. No.) the following amendments: 1. Replace the words "the whole law location (legal address)" (fold) with the words "registered address" (the fold) and the words "newspaper" journal ""-with the words "official publication" journal ". 2. in article 11, first paragraph: make paragraph 4 by the following: "4 person capacity) on the restriction of the intellectual or other health impairment"; Add to part with the 4.1 and 4.2 point as follows: "temporary custody of 41); 42) future Governors the right to stop; " Add to part with point 6 in the following wording: "6) custody and rights of access." 3. in article 26: replace the words "in the name of the article to the place of residence or domicile" with the words "the declared place of residence or registered offices"; Add to the first paragraph, after the word "the" with the word "declared". 4. Article 27: put the name of the article as follows: "bringing, if the defendant is declared place of residence"; to supplement the article with the first part as follows: "(1) a claim against a defendant, who does not have a declared place of residence, to be built at his place of residence. '; believe the current text of article about the second part. 5. in article 28: replace the first and seventh paragraphs the words "location" with the words "legal address"; replace the second, third, fifth, seventh and ninth paragraph the word "the" with the words "the place of residence declared place of residence"; make the third paragraph as follows: "(3) a claim arising from personal injury (civil law, 2347-2353 1635), the applicant may bring on its declared place of residence or at the place of injury suffered."; Add to article 10 by the following: "(10) if the claimant in the cases referred to in this article is not a declared place of residence, he may bring the claim of their place of residence." 6. Replace article 29, second paragraph, the words "after the testator's domicile, but, if his place of residence was not in Latvia" by the words "after the testator's declared place of residence or domicile, but, if his declared place of residence or place of residence is in Latvia" was. 7. To supplement the law with article 31.1 the following: ' article 31.1. Bringing the Republic of Latvia in accordance with relevant international agreements and European Union law, if Latvia have jurisdiction If the Court of the Republic of Latvia in accordance with relevant international agreements and European Union law of Latvia have jurisdiction for the Court, but the rules of jurisdiction of this law provides that legal action commenced, the plaintiff may bring an action in any Court of Latvia of their choice, subject to this Act, 23. 24. and the provisions of article 25. " 8. Turn off the article 32 paragraph 3 of the second paragraph. 9. Turn off the article 34 paragraph 2 of the first paragraph, the words "or incapacitated long disease or dementia." 10. Add to article 37, first paragraph, point 4, before the word "disabled" with the words "civil procedure". 11. Article 43 first paragraph: make paragraph 6 by the following: ' 6) the applicants — limitation of a person's capacity for mental health problems or other reasons, the capacity to control the review or renewal capacity; " Add to part with 6.1 points by the following: "applicant-61) for the establishment of temporary guardianship and termination;" make point 7 by the following: ' 7) applicants for personal capacity and the establishment of guardianship or wasteful life of debauchery and alcohol or other intoxicating substances in excessive use; ". 12. Article 44: make the first introductory part and paragraph 1 by the following: "(1) to the carrying costs are recoverable in the following quantities: 1) expenses for payment of assistance: (a) reimbursable expenses) a lawyer for the payment of claims which are economic in nature and the amount of the claim does not exceed 6000 lats, the actual amount, but not more than 30 percent of claims are satisfied, b) recoverable expenditure for payment of assistance requirements that is the nature of the property and the amount of the claim is from lats to 40 000 lats 6001, — the actual amount, but not more than 2000 dollars, c) reimbursable expenditure for payment of assistance requirements, which are economic in nature and the amount of the claim exceeds LVL 40 001,-to the actual amount, but not more than 5 per cent of claims are satisfied, d) reimbursable expenditure for payment of assistance requirements that is not the nature of the property, the actual amount, but not more than 2000 lats, e) reimbursable expenditure for payment of the lawyer's assistance in claims that are not economic in nature, and the matters which the Court found to be complex, the actual amount, but not more than 3000 lats; "; to supplement the article with the fourth and fifth by the following: "(4) if the claim is pending only in the Court of first instance, recoverable expenditure for payment of assistance may not exceed 50 percent of the first part of this article, the maximum amount of remuneration. (5) the Court may determine the amount of recoverable costs less to help pay for a lawyer, and respecting the principle of proportionality, as well as assessing the objective circumstances of the case, especially the complexity and sheer size of the case, the number of court proceedings and the Court in which the action is pending. " 13. the express 54. the second subparagraph by the following: "(2) the Parties shall be invited to court to subpoena. In the cases specified in this law, the defendant may ask the Court to publication in the Official Gazette "Latvijas journal." " 14. To supplement the law with article 54.1 of the following: ' article 54.1. Find the place where the defendant lives (1) if the defendant is declared home address in Latvia, the applicant must specify the address of the place of residence of the defendant to the Court, if it is known. (2) If the applicant for objective reasons failed to find out the defendant's place of residence, which is not in Latvia, the Court reasoned request of the plaintiff can use the Republic of Latvia in binding international treaties or European Union legislation, the procedures provided for the address of the defendant. " 15. Replace article 55, paragraph 1, the words "place of residence or other specified address this person" with the word "address". 16. Article 56: make a fifth by the following: "(5) the court documents natural person delivered after its declared home address but when the Declaration contains an additional address, additional addresses, unless the individual has indicated to the Court their addresses, to communicate with the Court. Natural person is bound to be achieved its declared home address, additional address specified in the Declaration or this person at the above address for communication with the Court. If the defendant is declared place of residence and the address he has indicated his address to communications with the Court, the court documents sent to the parties in accordance with this law, the first paragraph of article 54.1 the specified address. The court documents also can be delivered to the person's workplace. "; Add to article 5.1 part as follows: "(51) using the foreign request for service of documents (662, 672 and 681), the documents supplied to the recipient at the address indicated in the request, but if the recipient is not present at this address, it can be delivered in accordance with the procedure laid down in this article."; turn off the eighth paragraph, the words "the residence"; turn off the ninth paragraph the word "residence" and the words "and his whereabouts are unknown." 17. in article 56.1: Supplement to the second part of the article as follows: "(2) the fact that the court documents are delivered to the persons declared place of residence address, additional addresses specified in the Declaration, the physical address of the person to communicate with the judicial or legal persons registered and from the mail you receive a certificate of mailing service or document is sent back, does not in itself affect the document notification. The presumption that documents were issued on the seventh day from the date of dispatch if the documents sent by postal mail, or on the third day from the date of dispatch if the documents transmitted by electronic mail, the recipient can be rebutted by pointing to the objective circumstances independent of his will, have been an obstacle to receive documents in the specified address. "; believe the current text of article about the first part. 18. in article 56.2: replace the first and third paragraph, the words "or" location "with the words" location or legal address "; Add to article 2.1 part as follows: "(21) if the court documents are delivered to the person in the first part of this article in accordance with the procedure laid down and approved without issue, the Court shall assess the reasons for non-service of documents and the documents do not issue impact on the proceedings shall be determined in accordance with the provisions of this law. The court document does not cause the service can deliver documents or use another method for the service. If the documents fail to issue repeatedly, applied this law, article 59. " 19. the express 54. the first paragraph by the following: "(1) the defendant's address could not be ascertained in accordance with this Act or with article 54.1 documents could not be issued to the address that was specified by the parties in accordance with this law, the first paragraph of article 54.1, or that court documents could not be issued according to this law article 56.2, calls on the Court with the publication in the Official Gazette of the" journal "of Latvia." 20. the express article 61 the first part as follows: "(1) in any hearing, write the trial protocol. In the course of the hearing in full can be fixed also by technical means. The judge's decision on the use of technical means may not be appealed. " 21. Article 62: turn off the first part of paragraph 8, the words "news on plastic and written examination of evidence"; to supplement the first part with 8.1 points as follows: ' 81) news on plastic and written proof; "; Add to article 2.1 part as follows: "(21) If in the course of the hearing shall be held in place by technical means, the minutes of the hearing indicates the first part of this article 8, 9, 11 and 12 above the news." 22. in article 72: make the first and second subparagraph by the following: "(1) the ability to exercise the rights and perform civil procedure obligations (capacity of civil procedure) is a minor natural persons in so far as it is not restricted by the Court of Justice, and legal entities. (2) the natural persons aged between 15 and 18 years of court cases led their statutory representatives. Minor natural persons whose capacity is restricted by the Court, the Court of the case led their representatives or, in the cases specified by law, agents with these persons. In cases where the said person, the Court shall invite the representatives to participate in the people themselves. " off in the third paragraph, the words "or recognized as incapacitated; to supplement the article with a fifth by the following: "(5) natural persons are minors whose capacity is restricted, however, the Court has a full capacity of civil procedure in cases where the action of the appearance and the limits of freedom, as well as disputes between that person and the protector. In such cases the Court upon the Prosecutor and a representative of the family courts. " 23. Make the text of article 81 as follows: "third party is invited or admitted to participate in the proceedings in accordance with the decision of the Court of Justice. The decision upheld or rejected a request for evidence or third party intervention, may not be appealed. " 24. the express article 84, first paragraph, point 2 as follows: "2) the person to whom the guardianship;". 25. To make 90. the second paragraph of article 2 of the following paragraph: "2) is in violation of the custody of minors, persons, people with disabilities, prisoners or other persons having rights or legitimate interests, which have a limited capability to defend their rights;". 26. in article 93: make the third paragraph as follows: "(3) the evidence submitted to the Court not later than 14 days before the hearing, if the judge determines another time limit for submission of evidence. This time limit does not apply to this law, article 48 of the fourth part of the second sentence. "; Add to article 3.1, 3.2 and 3.3 of the part as follows: "(31) during the hearing, evidence may be submitted by a party or other parties to the proceedings in the reasoned request if it does not hinder the court hearing or evidence not submitted in due time for reasons recognized as valid, or the evidence is the fact who became known during the hearing. (32) If the parties submit evidence after a deadline elapsed, and the Court did not submit a timely reason to not be recognised as valid, it imposes on the party to fines of up to five hundred lats. (33) the Court's decision on the refusal to accept evidence may not be appealed, but the opposition may be made by appeal or cassation complaint. " 27. Express article 127 in the first and second subparagraph by the following: "(1) the right to take legal action to defend their injured or disputed civil rights, are persons who have legal capacity in civil procedure. (2) in the interest of the minors the way that person claim statutory representatives, while article 72 of this law is the fourth part in the cases provided for in the action may be brought in even minor. Custody in the interests of the people in the way that person claims, together with the representatives of the people in custody, or on your own instead of the person concerned, if determined by the Court, except for the fifth subparagraph of article 72 of the cases provided for. " 28. Article 128: Add to second with 1.1, 1.2 and 1.3, as follows: ' 11) the applicant's name, surname, personal code, place of residence declared, but, if not, the place of residence; legal person, its name, registration number and registered office. In addition, the applicant can also specify a different address for communication with the Court; 12) third-party defendant, name, surname, personal code, place of residence and declared in the declaration specified additional address, but, failing that, a residence; legal person, its name, registration number and registered office. The defendant's personal number or registration number, if known; 13) the applicant, if the request of the representative travel agent, first name, last name, ID number and address for communication with the Court, but the legal entity — its name, registration number and registered office; " turn off the second part of paragraph 2;  to supplement the first sentence of the third paragraph with the words and the number "or the applicant, together with the representative, if determined by the Court, with the exception of article 72 of this law in the fifth part of the event". 29. Make 132. the first paragraph of article 6 paragraph 8 by the following: ' 8) application submitted by a person who is not the capacity of the civil procedure; ". 30. Article 137 in the first paragraph: Add to part with 1.1, 1.2 and 1.3, as follows: ' 11) the applicant's name, surname, personal code, place of residence declared, but, if not, the place of residence; legal person, its name, registration number and registered office. In addition, the applicant can also specify a different address for communication with the Court; 12) third-party defendant, name, surname, personal code, place of residence and declared in the declaration specified additional address, but, failing that, a residence; legal person, its name, registration number and registered office. The defendant's personal number or registration number, if known; 13) the applicant, if the request of the representative travel agent, first name, last name, ID number and address for communication with the Court, but the legal entity — its name, registration number and registered office; " 2. turn off the point. 31. Supplement article 139, the first paragraph after the word "left" with the words "declared place of residence or". 32. To supplement article 143 after the words and figures "If coverage is canceled this law article 140 in eighth case" with the word "or". 33. Article 150 of the turn in the third paragraph, the words "at the request of the applicant". 34. Add to article 205, the first subparagraph of paragraph 8 by the following: ' 8) matters arising from custody and rights of access. " 35. in article 208.1: turn off in the first paragraph, the words "at the request of the applicant"; Replace paragraph 2 of the third paragraph, the words "place of residence or location" with the words "the declared place of residence, residence, location or legal address". 36. Express 208.5 the second paragraph of article 2 of the following paragraph: "2) respondent's name, surname, personal code, place of residence declared, but, if not, the place of residence; legal person, its name, registration number and registered office. In addition, the defendant can also specify a different address for communication with the Court; ". 37. the express article 214 paragraph 2 by the following: "2) half or a third party, the Court determined the capacity limit, which does not allow it to independently realize the rights and responsibilities of civil procedure;". 38.219. in the first subparagraph of paragraph 2: express the following: "2) application submitted by a person who is not the capacity of the civil procedure;" supplemented with paragraph 5 by the following: "5), the Republic of Latvia in accordance with relevant international agreements and European Union law case is not the jurisdiction of the courts of Latvia." 39. Express article 227 of the second paragraph of point 1 and 2 by the following: "1) the applicant's name, surname, personal code, place of residence declared, but, if not, the place of residence; If the applicant is a legal person, its name, registration number and registered office; 2) respondent's name, surname, personal code, place of residence, declared in the declaration specified additional address (addresses) and place of residence, if known, and if the defendant is a legal person, its name, registration number and registered office; ". 40. the express article 230, the second subparagraph by the following: "(2) the decisions that are necessary, the bailiff shall, in addition to the particulars of the parties [natural persons — the applicant or the applicant's name, surname, identity code (if known) and the declared place of residence but, if not, the residence; natural persons-defendant: name, surname, identity code (if known) the declared place of residence specified in the Declaration, an additional address (addresses) and place of residence, if known; legal person, its name, registered office and registration number (if known)]. " 41. Article 234: replace the introductory paragraph of the article, the words "to the plaintiff's place of residence" by the words "the claimant's declared place of residence but, if not, — according to the plaintiff's place of residence"; 2. turn off the point; Add to paragraph 4 after the words "a person" with the words "which does not have a declared place of residence and". 42. To supplement the article with 236 1.1 part as follows: "(11) the Court of Justice, at the request of one of the spouses each spouse can listen in a separate hearing, if divorce is associated with violence against spouses who divorce or against his children, spouses or children." 43. in article 238: turn off the first part of paragraph 4, the words "or food"; to turn off the second paragraph, the words "or food". 44. Add to article 240, second subparagraph, the words "or if the divorce is associated with violence against spouses who divorce or against his children, spouses or children". 45. To replace the second paragraph of article 244 of the words "defendant" by the words "the defendant is declared place of residence and his place of residence". 46. To supplement the article with part 1.1 244.3 as follows: "(11) on the child's place of residence matters arising from custody and access rights, considered his parents declared place of residence. If the child's parents of the declared place of residence are located in different administrative areas, on the child's place of residence be considered it earlier declared place of residence, at which he lives. If the child's parents or the child does not have a declared place of residence, the child's place of residence be considered his parents residence. " 47. the express article 246, the fourth paragraph as follows: "(4) if the paternity allegation challenged the person, the guardianship case brought fosters representative." 48. Make 247. the first paragraph by the following: "(1) the paternity, which recognized and registered by the vital statistics office, can challenge the person who acknowledged paternity, the child's mother or the person who claims to be the baby's father." 49. Replace 250.1 to in the first paragraph, the word "the" with the words "the place of residence declared place of residence but, failing this, by place of residence". 50. Replace 250.16 in the second subparagraph the word "residence" with the words "the declared place of residence and domicile, if different." 51. Article: 250.23 complement the second part with the 1.1 and 1.2 of paragraph 1 by the following: ' 11), the applicant's name, surname, personal code, place of residence declared, but, if not, the place of residence; legal person, its name, registration number and registered office; 12) the defendant's name, surname, personal code, place of residence and declared the Declaration contains an additional address, but, failing that, the place of residence; legal person, its name, registration number and registered office. In addition, the defendant can also specify a different address for communication with the Court; " turn off the second part of paragraph 2. 52. in Article 251: express the following in paragraph 2: ' 2) about the person's capacity to limit mental or other health problems, the capacity to control the review and renewal; " Add to article 2.1 the following: "temporary custody of 21) establishment and termination;" make paragraph 3 by the following: "3) on the person's capacity and the establishment of stakeholders under the auspices of the dissolute or spendthrift life, alcohol or other intoxicating substances in excessive use;"; Add to article 3.1 paragraph by the following: "31) for future Governors the right suspension;". 53. Article 254: to supplement the first part with the 1.1 and 1.2 of paragraph 1 by the following: ' 11) given name, surname, personal code, place of residence declared, but, if not, the place of residence; legal person, its name, registration number and registered office. The applicant, in addition you can also specify a different address for communication with the Court; 12) interested persons name, surname, personal code, place of residence and declared the Declaration contains an additional address, but, failing that, the place of residence; legal person, its name, registration number and registered office. The party concerned identity number or the registration number, if known; " turn off the first part of paragraph 2; to supplement the first sentence of the second subparagraph with the words and the number "or the applicant, together with the representative, if determined by the Court, with the exception of article 72 of this law in the fifth part of the event". 54. Article 259: replace the first paragraph, the words "place of residence" adopter "declared place of residence of the adoptive parent, but, failing that, by the place of residence of the adoptive parent" and the words "the applicant's place of residence" — with the words "the applicant's declared place of residence, but if not, at the applicant's place of residence"; replace the second paragraph, the words "in the place of residence of the adoptee" with the words "the declared place of residence of the adoptee, but if the adoptee is in the care of the ārpusģimen, the place of the address that is provided in the ārpusģimen care". 55. To make the title of chapter 33 the following: "chapter 33 persons capacity limitation and the establishment of guardianship or other mental health problems." 56. Make the text of article 264 the following: "an application for a restriction of a person's mental capacity or other health disorder in the Court after the person's declared place of residence but, failing that, at the person's place of residence; If a person in a medical institution, the hospital's addresses. " 57. To supplement the law with article 264.1 as follows: "article 264.1. The applicant in the application for the person's capacity to limit mental or other health problems, and the establishment of guardianship may be submitted to the same person, her children, brothers, sisters, parents, spouse, or the public prosecutor. " 58. the express article 265 and 266 by the following: ' article 265. Content of the application the application shall indicate the person of the capacity to be determined. The application shall be accompanied by evidence which confirms the necessity of limiting the capacity of the person's interest. 266. article. Preparation of the hearing of the case and the application review (1) on the person's capacity constraints and the establishment of guardianship or other mental health problems due to the Court, with the participation of the representative of the public prosecutor and the family courts. (2) a representative of the family courts, submitting evidence which are relevant in the case. A representative of the family courts have the right to get acquainted with the materials of the case, to participate in reviewing the evidence and submit requests. (3) the Court is obliged to call for a hearing person, for which capacity restriction of the case. A copy of the application to be sent to the person proposed to restrict capacity and establish custody, except where that person is applicant, determining the time, not more than 30 days, the submission of explanation. (4) in considering the case, the Court, on its own initiative, request advice from the medical authorities and other personal capacity limit for fixing the amount of the necessary evidence from the applicant and the authorities. (5) the Court shall, in preparing the trials, may convene the preparatory meeting and the lack of evidence in the case to determine the additional inspection or request other evidence. " 59. Article 267: make the first paragraph by the following: "(1) the Court may decide the issue of judicial psychiatric and, if necessary, the psychological expertise. The decision on the judicial expertise discovery is appealable. "; turn off third. 60. To supplement the law with article 267.1 of the following: ' article 267.1. The establishment of temporary guardianship (1) at the request of the parties the Court may adopt a decision for a judgement on the restriction of the capacity to establish a temporary guardianship to the person concerned in accordance with this law, the provisions of chapter on interim 33.2 under the auspices of the establishment. (2) the decision shall enter into force immediately. It terminates when the matter concerned is assumed by another ruling. (3) the decision of the Court to establish the temporary custody of an ancillary complaint may be submitted. Next to the complaint shall not suspend the execution of the decision. " 61. article 268 Express as follows: "article 268. Judgment of the Court (1) if the Court finds on the basis of evidence that the person's capacity is limited, so make the judgment, stating the amount of limitation of legal capacity and guardianship of the person of the establishment. (2) the Court, when determining the capacity limit volumes, driven by circumstances for which evidence. The Court, in determining the amount of the limitation of the capacity at the request of the parties can be the limitation of capacity in areas such as: 1) and receive payment; 2) conclusion of transactions; 3) with the property and its management, especially the disposal of real estate, mortgage and keeping with the case law; 4) commercial and economic activities. (3) the Court's capacity to limit volume can be in other areas. (4) the Court shall, in assessing a person's ability to determine whether and to what extent the patron with the Guardianship Act together, and only then the extent to which patron will act independently. (5) following the judgment entry into the legal force of the Court shall forward a copy of the family courts, the appointment of the guardian, as well as the Prosecutor and the person whose capacity is limited. The Court judgment also information on the population register, and, if necessary, a copy of the judgment in the land registry office to record grades, movable property registry or other relevant public register. (6) After the entry into force of the judgment in the Court of the legal publishing in the Official Gazette of the "journal" communication indicating: 1) the name of the Court has given judgment; 2) the name, surname and personal code, in respect of which the judgment was given; 3) that this person is recognized as a person with a capacity limit; 4 the operative part of the judgment); 5) the date of entry into force of the judgment. " 62. Express 269. the second subparagraph by the following: "(2) if the Court finds that the applicant knowingly submitted in support of the application, not the court costs chargeable to the applicant." 63. Article 270 off. 64. To supplement the law with 33.1 and 33.2 of the following chapters: "the personal capacity of chapter 33.1 limit mental or other health impairment review 270.1 article. Application for personal jurisdiction capacity limits the amount of review shall be submitted to the same court, which determined the capacity limit. Article 270.2. The applicant (1) an application for a person's capacity to limit the scope of the review can be submitted to the party itself, its patron, children, brothers, sisters, parents, spouse or a public prosecutor. Family courts representative participating in the proceedings, submitting evidence which are relevant in the case. A representative of the family courts have the right to get acquainted with the materials of the case, to participate in reviewing the evidence and submit requests. (2) a custodian must submit an application to the Court for the limitation of the capacity review volume not exceeding seven years from the date of entry into force of the Court judgment on the limitation of legal capacity. 270.3 article. Content of the application (1) Applications shall indicate the extent to which the capacity limit is transparent. (2) the application for limitation of the amount of capacity to review evidence, which you want to add it. 270.4 article. Preparation of the hearing of the case (1) copy of the Application to be sent to the person whose capacity to review proposed, except where the person is an applicant. Then it determines the time not longer than 30 days, the submission of explanation. (2) the Court is obliged to call for a hearing person capacity limit. (3) in considering the case, the Court, on its own initiative, request from the hospital's statement and from the applicant and other evidence to the authorities that are necessary to limit the amount of capacity for review. Article 270.5. Determination of the judicial expertise of inspection shall be determined by the Court, the rules applicable in cases of restriction of a person's legal capacity and guardianship in the establishment of a mental health disorder or another. 270.6. Judgment of the Court (1) If a person's capacity to limit judicial review, the verdict indicates whether constraint: 1) be annulled in their entirety; 2) be reversed in part; 3) retained; 4) reversible. (2) the operative part of the judgment indicates the repealed and the stored limit. (3) After the entry into force of a judgment of a legitimate court sends a copy to the family courts — a protector of rights and obligations for the amendment of the amount or the abolition of the protector, as well as the public prosecutor, the custodian and the person whose capacity limits reviewed. The Court judgment also information on the population register, and, if necessary, a copy of the judgment to amend in the land mark, movable property registry or other relevant public register. (4) After the date of the judgment in the Court of the lawful force for publication in the Official Gazette of the "journal" communication indicating: 1) the name of the Court has given judgment; 2) the name, surname and personal code, in respect of which the judgment was given; 3) that the person has reviewed the capacity restriction; 4 the operative part of the judgment); 5) the date of entry into force of the judgment. 33.2 guardianship of provisional chapter establishment of 270.7 article. Jurisdiction for interim custody Applications for the establishment of a court for the person after that person's declared place of residence but, failing that, at the person's place of residence; If a person in a medical institution, the hospital's addresses. 270.8 article. The applicant in the application for the establishment of temporary guardianship a person may submit to the same person, her children, brothers, sisters, parents, spouse or a public prosecutor. 270.9 article. Content of the application, in addition to the application of this Act specified in article 254 of the civil code specifies the conditions referred to in article 364.2, adding these circumstances supporting evidence, and whether the applicant requests the trial hearing. 270.10 article. After the court proceedings (1) Once proceedings have been initiated for the establishment of temporary guardianship of the person, the judge, on his own initiative or at the request of a party to require evidence, including hospital's inquiries as to whether mental or other health disorder the person has lost the ability to understand the importance of their actions and to control it. (2) a copy of the application to be sent to the person proposed to establish temporary custody, except where that person is applicant. Then it determines the time not longer than 15 days, the explanation. (3) After the initiation of the proceeding, without hearing, the Court shall inform the public prosecutor's Office and the family courts for prosecution. After receiving explanations, all evidence and a statement from the hospital, the Court asked the Prosecutor within 10 working days to submit a written opinion on the case, but the family courts — evidence that have a role in the case. 270.11 article. The examination of the application (1) an application for the establishment of temporary guardianship a judge decide immediately. (2) if the applicant does not ask the trial court and the Court does not consider it necessary to adjudicate the case to the Court, the application shall be considered the writing process, timely notification to the parties on the date when the decision will be able to get a copy of the clerk of court. This date is considered the date of drawing up of the decision. (3) if the application is examined by the Court of session, participating in Prosecutor and a representative of the family courts. The Court is obliged to call for a hearing person who has temporary custody of reconcilable. 270.12 article. Court decision (1) if the Court, on the basis of the evidence, finds that a person has temporary guardianship of the reconcilable, it make a decision on the establishment of such custody, indicating the patron's obligation to take certain things and decision period not exceeding two years. (2) the decision on the establishment of temporary guardianship of the person shall take effect immediately and is valid for the period specified in this decision. (3) the decision on temporary custody of transcripts sent to the establishment of family courts for the appointment of a temporary guardian, as well as the Prosecutor and the person to whom the temporary guardianship is established. (4) the decision of the Court to establish the temporary custody of an ancillary complaint may be submitted. Next to the complaint shall not suspend the execution of the decision. 270.13 article. Termination of temporary guardianship (1) temporary custody shall terminate within the time limit fixed by the Court.  (2) If, before this law 270.11 referred to in the second subparagraph of article deadline has been lost in the circumstances that were the basis for the establishment of temporary guardianship, the same court by a protector or a person in custody shall terminate the application temporary guardianship established. (3) the decision on termination of temporary custody with immediate effect. (4) the decision on the provisional establishment of the termination of the guardianship of a copy sent to the person that was established under the auspices of the interim custodian, the Prosecutor and the family courts — the temporary abolition of the protector. 270.14 article. The court costs if the Court finds that the applicant knowingly submitted in support of the application, not the court costs chargeable to the applicant. " 65. Make 34. chapter name as follows: "chapter 34 persons capacity limitation and the establishment under the auspices of the dissolute or spendthrift life, alcohol or other intoxicating substances in excessive use." 66. Article 271 of the following expression: "271. article. Jurisdiction application for limitation of legal capacity and guardianship of the person adopting or wasteful life of debauchery and alcohol or other intoxicating substances due to overuse of shall be submitted to the Court by the person's declared place of residence, but if not, after its place of residence. " 67. To supplement the law with article 271.1 as follows: "article 271.1. The applicant in the application for limitation of personal capacity and the establishment of guardianship to the person or wasteful life of debauchery and alcohol or other intoxicating substances in excessive use may be submitted to the same person, her children, brothers, sisters, parents, spouse, or the public prosecutor. " 68. Make 272. the first paragraph by the following: "(1) the application shall indicate on what grounds and to what extent a person of limited capacity and guardianship should dissolute or spendthrift life, alcohol or other intoxicating substances and excessive use What evidence confirms this. " 69. To make 273. the first paragraph by the following: "(1) a copy of the application to be sent to the person proposed to restrict capacity and establish custody, except where that person is applicant. Then it determines the time not longer than 30 days, the submission of explanation. " 70. the express article 274 and 275 as follows: "article 274. Family courts and the Prosecutor's representatives participate in the thing about the establishment of the person in the custody or wasteful life of debauchery and alcohol or other intoxicating substances due to overuse of the matter, with the participation of the representative of the public prosecutor and the family courts. The family courts shall participate in the proceedings by submitting evidence that have meaning. A representative of the family courts have the right to get acquainted with the materials of the case, to participate in reviewing the evidence and submit requests. 275. article. Judgment of the Court (1) if the Court is satisfied that the person, or wasteful living a dissolute or excessive use of alcohol or other intoxicating substances, threat to lead yourself or your family, or poverty, the lack of a court with the judgment deprive that person the right to manage their property, restricts its actions to deal with such property and establishes the guardianship to the person concerned. If the Court, on the basis of the evidence, finds that the person has the legal capacity it controlled to make the judgment, stating the capacity limitation and joint actions with a protector or protector of the auspices of autonomous action. (2) After the entry into force of a judgment of a legitimate court sends a copy to the family courts — the appointment of the guardian, as well as the Prosecutor and the person whose capacity is limited. The Court judgment also information on the population register, and, if necessary, a copy of the judgment in the land registry office to record grades, movable property registry or other relevant public register. (3) After the entry into force of the judgment in the Court of the legal publishing in the Official Gazette of the "journal" communication indicating: 1) the name of the Court has given judgment; 2) the name, surname and personal code, in respect of which the judgment was given; 3) that this person is recognized as a person with a capacity limit; 4 the operative part of the judgment); 5) the date of entry into force of the judgment. " 71. Article 276: Add to the first paragraph, after the word "where" with the words "limited capacity and"; to turn off the second paragraph, the words "or family courts". 72. the express article 277 the following: ' article 277. A person's capacity to limit review of the person's capacity to review restrictions on people and wasteful life of debauchery and alcohol or other intoxicating substances, excessive use of this law, the provisions of chapter 33.1. " 73. To supplement the law with 34.1 Department by the following: "chapter future Governors 34.1 suspension of the eligibility of 277.1 article. Jurisdiction application for future Governors the right to stop after the principal's declared place of residence but, failing that, by the principal's residence, can be submitted to the principal's children, brothers, sisters, parents, spouse or a public prosecutor. 277.2 article. The content of the application, the application shall indicate the circumstances which are the basis for future Governors the right to stop it, and add these circumstances supporting evidence. article 277.3. (1) the examination of the application in case of future Governors the right to stop participating in the Court, the Prosecutor. (2) the Person who issued the mandate for the future, calls on the Court of session. 277.4 article. Preparation of the case for examination a copy of the application sent to the Trustees in determining his time not longer than 30 days, the submission of explanation. 277.5 article. Judgment of the Court (1) if the Court finds that the Attorney is the opposite of principal, interest or the Governor his duties did not perform, it stops him with the future mandate of the rights granted. (2) After the entry into force of the judgment in the lawful copy of it sent to the trustee, principal, the Prosecutor and the Latvian sworn notary Council. 277.6 article. The court costs if the Court finds that the Attorney is the opposite of principal, interest or proxy your responsibilities are not fulfilled, the court costs from the Governors of piespriežam. " 74. Article 288, second paragraph, point 5: turn off the words "(with the exception of the registration certificate); replace the words "registration certificate" with the words "the relevant register". 75. Replace article 290, the word "residence" with the words "the declared place of residence but, failing this, by place of residence". 76. To replace the second paragraph of article 294, the word "the" with the words "the place of residence declared place of residence but, failing this, by place of residence". 77. in 299 article to replace the word "the" with the words "the place of residence declared place of residence but, failing this, by place of residence". 78. the first subparagraph of article 300: replace in paragraph 1, the word "residence" with the words "place of residence declared, but, if not, place of residence"; Add to paragraph 1 with the following sentence: "the applicant in addition you can also specify a different address for communication with the Court;" make point 2 as follows: "2) of the person who issued the document, name, surname, place of residence and declared the Declaration contains an additional address, but, failing that, the place of residence; legal person, its name and legal address, as well as persons who, in accordance with document must meet their responsibilities, name, surname, place of residence and declared the Declaration contains an additional address, but, failing that, the place of residence; legal entity name and legal address. Also indicate the personal code or registration number, if known; " 79. To supplement the article with a 12.1 share 363.14 as follows: "(121) on the Court's decision on the approval of the auction law an ancillary complaint may be submitted." 80. Replace 363.22 in the first paragraph, the word "the" with the words "the place of residence declared place of residence but, failing this, by place of residence". 81. To supplement the article with part 9.1 363.28 as follows: "(91) for the Court's decision on the approval of the auction law an ancillary complaint may be submitted." 82. Article 368 part 2 of the first paragraph: replace the words "place of residence, but" with the words "place of residence declared, but, if not, place of residence"; supplemented with the sentence of the following paragraph: "the applicant in addition you can also specify a different address for communication with the Court;". 83. Make 378. the second paragraph of article 3 by the following: "3) If changing the declared place of residence, domicile and address for communication with the Court, within three days, notify the Court and the administrator or liquidator in the place of residence declared new, residence and address communications to the Court;". 84. Article 403: replace the first paragraph, the words "place of residence" with the words "the declared place of residence but, failing this, by place of residence"; Add to the second sentence of the second paragraph, after the words "district (City) Court" (fold) with the words "land registry office" (fold). 85. Replace article 406, first paragraph, second sentence with the following text: "claim in this case law of the Court that examined the application of the relation unchallenged forced. If the proceedings in the District Court, it agrees with the claim in the District Court in whose territory the seat of the district (City) land registry Department of a court, which considered the application of the relation unchallenged forced. " 86. Make 406.1 the second paragraph of article 2 and paragraph 3 as follows: "2) if the debtor's domicile or residence declared is not known;  3) if the debtor declared place of residence, residence, location or legal address is in the Republic of Latvia; ". 87. Replace 406.2 article, second paragraph, the word "the" with the words "the place of residence declared place of residence but, failing this, by place of residence". 88. in the second subparagraph of article 406.3: Supplement to part with 1.1, 1.2 and 1.3 of the following paragraph: ' 11) given name, surname, personal code, place of residence declared, but, if not, the place of residence; legal person, its name, registration number and registered office. The applicant specifies the address for communication with the Court, as well as the e-mail address for receiving the notification of the Court, if he agrees with the Court to use the electronic mail; 12) debtor's name, surname, personal code, place of residence and declared in the declaration specified additional address, but, failing that, a residence; legal person, its name, registration number and registered office; 13 the applicant's representative), if the application is lodged by the representative, first name, last name, ID number and address for communication with the Court, but the legal entity — its name, registration number and registered office; " 2. turn off the point. 89. Replace 406.10 of the first subparagraph the second sentence with the following text: "claim in this case law of the Court that examined the application of the relation of forced execution of the warning. If the proceedings in the District Court, it agrees with the claim in the District Court in whose territory the seat of the district (City) land registry Department of a court, which considered the application for a compulsory execution of liabilities on the alert. " 90.416. the first paragraph of article 6, paragraph 2: replace the words "place of residence, but" with the words "place of residence declared, but, if not, place of residence"; supplemented with the sentence of the following paragraph: "the complainant may in addition specify a different address for communication with the Court; ". 91. Express 430. the fourth part of the article as follows: "(4) If the appellate court shall submit to the parties or asked to examine evidence which he was likely to apply in the proceedings before the Court of first instance, and if the appellate court finds extenuating reasons why the evidence was not submitted to the Court of first instance, the Court of appeal, the evidence does not accept." 92. To complement the 442 the first part of the article with the sentence as follows: "the decision taken by written procedure, the next deadline for submitting many complaints from the date on which the decision was issued." 93. Supplement article 447 of the third paragraph as follows: "(3) an ancillary complaint about this law referred to in article 640. judge decisions in court hearing." 94.453. the first paragraph of article 6, paragraph 2: replace the words "place of residence, but" with the words "place of residence declared, but, if not, place of residence"; supplemented with the sentence of the following paragraph: "the complainant in addition you can also specify a different address for communication with the Court;". 95. To replace the words "in article 483 of the Supreme Court, the President, Chairman of the Department of civil cases of the Senate or Attorney General" with the words "the General Prosecutor's Office of the Attorney General or the Person and State Protection Department Prosecutor". 96. Article 497: make the second paragraph as follows: "(2) The arbitrator may appoint any person to whom the minor is not a guardianship, regardless of their nationality and place of residence, if that person has agreed in writing to be an arbitrator, it has a perfect reputation it has acquired higher professional or academic education (except for the first level professional education) and legal qualifications, with at least three years of practical work experience When working graduate specialties of law academic staff posts or other legal specialties and to not apply the fourth paragraph of this article, those limitations. "; to supplement the article with the fourth paragraph as follows: "(4) The arbitrator may not appoint a person: 1) which does not meet the requirements of the second subparagraph; 2) which the criminal proceedings for the purpose of committing a crime recognized as suspects or accused; 3) against which criminal proceedings for the purpose of committing a crime on an end reabilitējoš; 4) which penalized for intentional criminal offence, irrespective of the delete or remove a criminal record; 5) which in the past has committed an intentional criminal offence, but of parole released due to statute of limitations, amnesty or a pardon. " 97. To complement the 501. the second subparagraph following the words ' if his qualification corresponds, as agreed between the parties "by the words" and the number and apply any of this law, Article 497. in the fourth paragraph of the said limits. 98. Replace article 533. in the second paragraph, the words "the place of residence of the debtor" with the words "the declared place of residence of the debtor, but, failing that, at the debtor's place of residence". 99.536. in the first paragraph: replace paragraph 2, the words "competent person" with the words "the person to whom guardianship, or minor"; make paragraph 6 by the following: ' 6) the arbitrator does not meet this Law 497. the second part, the Tribunal was not established or arbitration process did not take place according to the arbitration agreement or this law, the provisions of part D; ". 100. Replace article 3.2 and 53, in the fourth paragraph, the word "the" with the words "the place of residence declared place of residence but, failing that, at the debtor's place of residence". 101. Replace 541.1 in the third paragraph of article names and the number "2000" of the Council with the numbers and the words "30 October 2007. the Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters article 54 and 58 of the certificate referred to in the Council in the year 2000". 102. Replace 543 of the first paragraph of article 7, the words "place of residence" and "domicile, declared the Declaration contains an additional address (address) and, if it is different." 103. Replace the second paragraph of Article 552, the word "the" with the words "the place of residence declared place of residence, the Declaration contains an additional address or place of residence". 104. off 555 in the fourth paragraph of article names "location" and the words "or if the debtor's location is unknown". 105. To make 560 first paragraph of article 2 of the following paragraph: "2) by a judgment debtor's limited capacity to the extent of the enforcement proceedings." 562. Article 106. off the first part of paragraph 2, the words "the incapacity of the debtor". 107. To complement the 563. the first paragraph of article 6, paragraph 6, after the words "updated" with the word "appeal court". 108. Replace 577 first paragraph of article 5 and paragraph 8, the words "place of residence" and "declared place of residence and the Declaration contains additional address, but if not," residence. 109. Replace 603. the second paragraph of article 4, the words "place of residence" and "declared place of residence and the Declaration contains additional address, but if not," residence. 110. in article 638: replace the first paragraph, the words "place of residence of the defendant" by the words "the defendant declared place of residence but, failing that, at the defendant's place of residence"; Add to the second part of the paragraph following the 1.1 and 1.2: ' 11) given name, surname, personal code (if not, then other identification data) and the address for communication with the Court, but the legal entity — its name, registration number and registered office; 12) the defendant's name, surname, personal code (if not, then other identification data), the declared place of residence and the Declaration of the additional address, but, if not, the place of residence; legal person, its name, registration number and registered office; " turn off the second part of paragraph 2. 111. Replace 641. in the second paragraph, the words "and 2.1 residence or location" with the words "in the place of residence declared, but, if not, place of residence or registered office". 112.644. in the second subparagraph of article: Add to subparagraph following the words "intended" with the figures and the words "30 October 2007 in Lugano the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters"; replace the words "relevant regulations" with the words "the relevant conventions and regulations". 113. in the first subparagraph of article 644.4: Supplement to part with 1.1 and 1.2: ' 11) given name, surname, personal code (if not, then other identification data) and the address for communication with the Court, but the legal entity — its name, registration number and registered office; 12) defendant (a collection agency) name, surname, personal code (if not, then other identification data), the declared place of residence and the Declaration of the additional address, but, if not, the place of residence; legal person, its name, registration number and registered office. "; 2. turn off the point. 114. Article 644.7: replace the second paragraph, the words "applicant" with the words "place of residence of the applicant's declared place of residence, but if not, at the applicant's place of residence"; Add to article 2.1 part as follows: "(21) of this article, the child's place of residence within the meaning of the second paragraph is determined in the same way as matters arising from custody and rights of access." Replace paragraph 2 of the third paragraph, the words "place of residence and correspondence address in Latvia court documents" with the words "the declared place of residence specified in the Declaration and additional address, but, if not, place of residence and address in Latvia in communication with the Court, to get court documents"; replace the third subparagraph in paragraph 4, the words "place of residence" and "declared place of residence and further specified in the Declaration, as well as the place of residence, if it is different from the declared place of residence and the additional declaration addresses". 115. Supplement article 644.9 second part with a new second sentence as follows: "The Court shall notify the defendant declared home address on it, but when the Declaration contains an additional address, click additional address, as well as to the place of residence or domicile address, if different from the declared place of residence and the additional declaration addresses." 116. Complementing article 644.12 second subparagraph with the following sentence: "the child's place of residence within the meaning of this part down like matters arising from custody and rights of access." 117. Article: 644.14 to replace in the first paragraph, the word "the" with the words "the place of residence declared place of residence but, failing this, by place of residence"; replace the second paragraph, the words "If that person's residence or location is not known" with the words "If that person is not a declared place of residence and the person's place of residence is unknown, as well as this person is not known and the location of the child". 118. in the third subparagraph of article 644.15: to replace in paragraph 2, the words "and the place of residence or the details of its location, as well as the correspondence address in Latvia court documents" with the words "the declared place of residence specified in the Declaration and additional address, but, if not, place of residence or the news on his whereabouts, as well as address for communication with the Court in Latvia to get court documents"; Replace in paragraph 4, the words "place of residence" and "declared place of residence and further specified in the Declaration, as well as the place of residence, if it is different from the declared place of residence and the Declaration specify additional addresses ". 119. Supplement article 644.18 with the third subparagraph by the following: "(3) the court documents and subpoena the defendant delivered to his declared home address, but where the Declaration contains an additional address, click additional address, as well as to the place of residence or domicile address, if different from the declared place of residence and the additional declaration addresses." 120. Replace 647. in the first paragraph, "defendant" by the words "the defendant declared place of residence but, failing that, at the defendant's place of residence". 121. in article 656: replace the first paragraph, the words "a Person whose residence or location" with the words "a Person with the declared place of residence, residence, location or legal address"; replace the second and third paragraph, the words "or" location "with the words" location or legal address ". 122. Express 662 the first part of the article as follows: "(1) a foreign request for service of documents the execution of district (City) court action within the territory of a foreign request for service of documents specified in the recipient's address or the recipient's declared place of residence, but if not, the recipient's place of residence or registered offices. ' 123.666. Article: replace the first paragraph, the words "a Person whose residence or location" with the words "a Person with the declared place of residence, residence, location or legal address"; Replace in the second, third and fourth paragraph, the words "or" location "with the words" location or legal address ". 124. Express 672. the first paragraph by the following: "(1) a foreign request for service of documents the execution of district (City) court action within the territory of a foreign request for service of documents specified in the recipient's address or the recipient's declared place of residence, but if not, the recipient's place of residence or registered offices. ' 125.675. Article: replace the first paragraph, the words "a Person whose residence or location" with the words "a Person with the declared place of residence, residence, location or legal address"; replace the second paragraph, the words "or" location "with the words" location or legal address ". 126. Put 681. the first paragraph by the following: "(1) a foreign request for service of documents the execution of district (City) court action within the territory of a foreign request for service of documents specified in the recipient's address or the recipient's declared place of residence, but if not, the recipient's place of residence or registered offices. ' 127. To supplement the transitional provisions with 59, 60, 61, 62, 63, 64, 65, 66 and 67 by the following: "59. If the Court established a temporary guardianship on the basis of the law "on the restored Republic of Latvia in the 1937 civil law, family law, the entry into force of part time and order" article 21, paragraph 1, and the month after the date of entry into force of the amendment have not been submitted for a person's legal capacity and the establishment of guardianship, the judge shall decide on the termination of the temporary guardianship. Decision on termination of temporary custody be sent for execution to the family courts, the public prosecutor, the custodian and the person whose capacity is limited. 60. when the Court stopped the proceedings based on the law "on the restored Republic of Latvia in the 1937 civil law, family law, the entry into force of part time and order" article 21, paragraph 2 and 3, it restores the proceedings on its own initiative, or after the proceedings are brought. Restoring the legal proceedings, the Court shall explain the rights of the applicant to amend his application the subject-matter and grounds. Following the court appearance of the civil procedure law, in force from the date of entry into force of the amendment. 61. A Person who the Court until 31 December 2011 recognized as incapacitated long illness or insanity, and co-founder of the dissolute or spendthrift trusts life as well as alcohol or another intoxicating substance use, further considered a person with a capacity limit of personal property rights not without restriction. Until the entry into force of the relevant amendments to other laws, the legal framework for the disabled person and the person to whom the guardianship of the dissolute or spendthrift life, as well as alcohol or another intoxicating substance use, translate and apply in accordance with this law and the civil law. 62. The transitional provisions of paragraph 61 of the incapacity of the person referred to in the review follows the same rules as the person with legal capacity limit. Custodian is obliged, on the transitional provisions of paragraph 61 of the persons referred to in the application for the Court to submit capacity limit review four years after the entry into force of this amendment, if the application for revision of the limit of capacity is not filed with the Court, or with respect to the entry into force of the judgment. If after the period has not been submitted to the Court on a person's capacity limits or for review of the judgement has entered into force, the family courts during the year from the custodian the obligation period shall inform the public prosecutor's Office about the fact that the legally incompetent persons who need to review the capacity limit. The Court shall inform the population registry that has received an application for the review of the capacity of the constraint disabled person who filed after four years from the date of entry into force of the amendments concerned. The population register shall inform the public prosecutor's Office, which person after four years from the date of entry into force of these amendments, entry into force of the judgment capacity limitation, review and that the transitional provisions referred to in paragraph 61 of the person in court is a proposed capacity limits of the review. The public prosecutor's Office shall submit an application to the Court for that person's capacity to limit review of seven years from the date of entry into force of the amendment. 63. this Act 483 article for the entry into force of the amendments to the relevant officials in the complaint submitted to the matter in accordance with the rules in force on the date of submission of the complaint. 64. This law, article 11, first paragraph, point 4.2, point 3.1 of Article 251 and 34.1 "future suspension of the eligibility of the Governors" amendments in relation to the future mandate enter into force simultaneously with the fourth part of the civil code, chapter 18 of the first subdivision of section III1 "authorisation" for the future. 65. Arbitration register founder standing arbitration until 2013 April 1, submit to the Registrar of companies a statement that an arbitrator complies with this Law 497. the second part, adding the documents justifying the qualifications of the arbitrators. 66. If the parties have agreed to transfer the persistent dispute arbitration and the founder of the arbitration law in the order until 2013 April 1 has not submitted proof of Permanent Arbitration arbitrator in conformity with this Law 497. the second part, the parties agree to the submission of the dispute to arbitration for the settlement of the other. If no agreement is reached, the dispute is pending before a court. 67. The arbitrator who does not comply with this Law 497. the second part of this amendment until the entry into force of the arbitration process is completed the relevant arbitration. " The law shall enter into force on January 1, 2013. The Parliament adopted the law in 2012 on November 29. The President a. Smith in Riga 2012 December 14.