Law 102 Of July 1, 2015 - Rules On Procedure And Civil Law And Administrative Procedure

Original Language Title: Legge 1 luglio 2015 n.102 - Disposizioni in materia di Procedura e Diritto Civile e di Procedura Amministrativa

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Council Commission THE PERMANENT FINANCE, BUDGET AND PROGRAM; CRAFTS, INDUSTRY, TRADE; TOURISM, SERVICES, TRANSPORT AND TELECOMMUNICATIONS, WORK AND COOPERATION its meeting on November 14, 2014 examined and approved at the referen SAN MARINO We the Captains Regent of the Most Serene Republic of San Marino Having regard to Article 4 of the Constitutional Law n.185 / 2005 and Article 6 of Qualified Law n.186 / 2005; Promulgate and publish the following ordinary law approved by the Great and General Council at its meeting on June 25, 2015: LAW 1 July 2015 102 PROVISIONS ON PROCEDURE AND CIVIL LAW AND ADMINISTRATIVE PROCEDURE CHAPTER I RULES OF CIVIL PROCEDURE Art . 1 (amendments to the rules of evidence and terms of production in the sleeve) 1. after Article 2, paragraph 2.5 of the Law 55 of June 17, 1994 and subsequent amendments, the following sentence is added: "However, where a defendant has used evidentiary terms renounce the terms reprobatori, can be opened end of rebuttal. When the actor forgoes the evidentiary terms and requires the opening of the term reprobatorio, the defendant shall reserve the right to waive such terms even after opening, provided she withdraws up to the first legal day following notification of the decree. ". 2. The Law Commissioner has authority to order the investigation opened only in the event that the production in the sleeve of the document meets the following requirements: a) the document can be considered decisive or at least influential in a decisive way to the dispute ; b) the document was not produced in ritual terms of evidence for reasons not attributable to the part. Art. 2 (Taking of evidence through letters rogatory) 1. after Article 2, Section 3.1, of the law n.55 / 1994 and subsequent amendments, the following points are added: "-3.2 - If you require through diplomatic channels the taking of evidence abroad in countries with which there are no bilateral or multilateral international agreements authorizing the judicial authorities to communicate directly, and the answer to the letter of request has been received within the period of six months after submission of the request by Secretary of State for foreign Affairs to the competent foreign authorities, the court may order the opening of the next term test, at the request of either party. -3.3 - If, later in the judgment, before the opening of the term to attach, comes the reply, the delegate evidence is admitted on record, with the right for the judge to grant the parties, upon specific request, a possible deadline for replication. -3.4 - With the opening of the term to attach, however, the test is decayed, and any late response can not be taken into account at that level of jurisdiction, without affecting the usability in the next degree. ". Art. 3 (Amendments to the discipline of the appraisals) 1. Article 2 of Law 55/1994, as amended, points 4.0, 4.2, 4.3, 4.4 and 4.5 are deleted and replaced by the following: "-4.0 - Should is disposed a judicial appraisal, the Judge, with the decree of appointment, give the appraiser a period not exceeding fifteen days from the current notification of the decree to declare acts whether it will accept the assignment; the appraiser at the time of acceptance must specify that no causes of incompatibility, enter the expense account and the time that will be necessary for carrying out their duties, which normally can not exceed ninety days, be extended only for serious reasons or with the consent of all parties involved. ". "-4.2 - After the acceptance, the judge assigned to the adverse parties, the period not less than fifteen days to submit additional questions and designate expert witnesses, after which is assigned to the party requesting the ten-day period to formulate any questions in response to those of the adverse party. -4.3 - The term to submit his report starts from the communication to the fund deposit appraiser expenses to be made by the Registrar, who shall report acts. -4.4 - The liquidation of the fee and expenses decree is enforceable against a party held at the anticipation. The Judge, after ordering the party to provide for the deposit of the sum paid, if within sixty days of notification of the amount is deposited, at the request of an interested party has the expertise of the allegation on the Court file, sending the Chancellor to release the expert copy of the liquidation decree bearing the enforcement clause.
-4.5 - The expert who fails to carry out the task in the time allowed, initially or in that or any extension, you lose any right to compensation for the work performed and reimbursement of incurred expenses; He also can not receive other expert assignments for the next four years, and is liable for damages caused to the parties for the delay. ". Art. 4 (reductions to be applied on the professional tariff in relation to official surveys) 1. In relation to the professional services provided by professional expert during the course of judicial proceedings, the Congress of State shall, in consultation with the professional associations and boards, delegated decree establishing a single table for the services rendered by court experts based on the value of the dispute and the complexity of the same. Art. 5 (Call the third party notice) 1. after Article 2, paragraph 4.7 of the 55/1994 Act, as amended, the following is added: "-4.8 - If supervenes the need for the call of the third party as collateral or improper guarantee, when there are serious reasons, also of procedural economy, to the participation of the third to the process at the end of the decision in a single judgment even on the action taken against him , the judge, on application, may still allow the intervention takes place after the opening of the terms reprobatori, and grant additional terms in favor of the called into question. ". Art. 6 (Amendments to the rules of notification) 1. Article 2 of Law 55/1994, as amended, the point 8.0 is hereby repealed and replaced by the following: "-8.0 - Plaintiffs parties are considered domiciled electively , the procedural effects, at the office of their lawyer and then all the acts of the process, may be validly notified at that address, with the same effects of notification made to the person. -8.1 - The notification of the judgment is carried out at the offices where the part was electively domiciled in accordance with normal procedures and time limits for bringing any liens from the date of notification of the same transaction. The judgment is likewise communicated to the just culture, personally to party by registered letter with acknowledgment of receipt. -8.2 - If notification of the judgment is not required by any of the parties within thirty days from the date of publication, the Judge will provides office. -8.3 - If the lawyer gives up the mandate after the publication of the judgment and it is impossible to notify the decision at the last known place of residence or headquarters of the party, after the expiry of sixty days from the unsuccessful notification, the notification means to have been validly by posting to valvas Palatii. "Art. 7 (provisions on the instance forfeiture) 1. the institution of the rescript of amnesty shall be deleted. 2. A partial amendment of the provisions of Book II, Book VI of the Leges Statutae, the forfeiture instance has only procedural effects and therefore the action, if it has not fallen in the meantime, the statute of limitations, can be recast, using also the results evidentiary validly adopted in Case abated, upon payment of the court costs of the same cause declared abated. 3. Further to Article 2, paragraph 12.0 of 55/1994 Act, as amended, to the list of legal days not having to be calculated for the purpose of forfeiture instance, the following is added: "- the days after the opening of the legal term to attach. "Art. 8 (Definition of exceptions concerning inadmissibility, admissibility and inadmissibility of judgment and nullity of the quote) 1. exceptions for all'inammissibilità, inadmissibility and inadmissibility of judgment, as well as those on the nullity of the summons shall be decided by the relevant Judge degree of competence by an interim judgment by observing the same procedures as for the definition of exceptions reservatae not governed by the Statutes. Art. 9 (Challenging of decrees and orders issued by the interlocutors of the Law Commissioner during the proceedings) 1. The appeal of the decrees and interlocutors measures liable to appeal issued by the Law Commissioner during the proceedings is permitted only in order to questions of law. 2. For the purposes of the definition of the appeal referred to in paragraph 1, the Judge of Appeal after hearing for the establishment of the parties, and the integration of contradiction by assigning to parts of the thirty-day deadline for their briefs, emits
decision. The incumbent instructors referred to in this subparagraph shall be made by the Law Commissioner, with Judge Instructor functions other than that it issued the decree or other contested measure. 3. In the proceedings regulated by this article the parties may not require the taking of evidence. Art. 10 (Amendments to the discipline of the appeal) 1. Article 3 of Law 55/1994, as amended, is hereby repealed and replaced by the following: "The writ of appeal in civil cases is addressed to judge of Appeal. The appeal does not suspend the enforceability of the judgment at first instance should contain exclusively to order payment of a sum of money. In the cases referred to in the second paragraph, the Judge of Appeal can still suspend all or part of the enforceability of the judgment of first instance, with or without bail, unless specifically required with the application made by the main appeal or the incidental when there are serious and founded motives. The deadline for an appeal has is thirty days of notification of the judgment at first instance carried out at such address or from the realization of the judgment. In the case referred to in Article 2, paragraph 8.3 of the 55/1994 Act, as amended the period runs from the date of posting of the judgment to valvas Palatii. The time limits for interlocutory appeal is thirty days from the notification of the act which introduces the main appeal. The appeal aims with the filing of the appeal within quote in the fourth paragraph. Any judgment on the admissibility, inadmissibility and inadmissibility of the appeal and the decision on the requests for interim measures or emergency, which can not be delegated to the final, are pronounced by the Judge of Appeal, to which the examining magistrate must send file. The process of preliminary investigation stage appeal against judgments or other measures issued at first instance by the Law Commissioner, also in his capacity as Magistrate for Labour, is entrusted to a Law Commissioner different from the one that issued the ruling or the contested measure ; however, is on the faculty of the Judge of Appeal personally follow all or part of the investigation phase and possibly dictate instructions in this regard also the beginning of the appeal process. Shall be referred to the investigating judge the decisions of issues arising in the course of the investigation and the taking of evidence requested by the parties. These judgments are still subject to a final decision within the ruling by Judge of Appeal. The Law Commissioner, which Judge judgment Instructor second grade, fixed by decree of summons to the hearing, and all subsequent pleadings. In the appeal it is forbidden to take the same evidence taken in the first instance in order to prove the same statements of fact and law. ". CHAPTER II RULES OF CIVIL LAW SECTION I Art. 11 (Prescription) 1. Except in cases where special rules of the common law provide for shorter terms, property rights are prescribed by the lapse of twenty years, the rights of credit with the course of ten years. Notwithstanding the imprescriptible rights related to non-property assets and the assets of the state not available, the statute of limitations established in the previous period increased by ten years if they are related to the state rights. 2. The period shall run from the date on which the fact or act that generated the law came into existence. 3. The limitation period is interrupted by the notice of court to be made in writing. Each interruption shall start time running afresh. 4. The course of prescription is suspended when the party is unable to rely on the right. The duration of the cause of suspension is not counted for the purposes of limitation. Section II Art. 12 (open reception of the UNIDROIT Principles in contracts) 1. If the parties expressly agree, contracts and contractual relationships existing between San Marino and foreign business entrepreneurs, or between foreign investors, they are also governed by the Principles of International Commercial Contracts processed by the International Institute for the unification of private law. 2. It is subject to compliance with the mandatory standards and rules on jurisdictional and territorial jurisdiction of the courts of San Marino. CHAPTER III LEGAL AID FREE Art. 13 (Legal Aid) 1. Article 3 of Law 20 December 1884, as amended is repealed and replaced by the following:
"The state of poverty is evaluated by the Management Committee and established rating under Chief Executive Decree 125 of December 20, 2007 based on the parameters set out in Articles 3 and 4 of Chief Executive Decree 12 March 2014 n. 32. The good law, namely the presumed validity of the claim that it intends to assert, is recognized by the National Commission of Free Professions. ". 2. Article 4 of the Law of December 20, 1884 and subsequent amendments shall be repealed and replaced by the following: "The application aimed at obtaining legal aid accompanied by the positive evaluation of the Management Committee and rating is signed by the lawyer office and it is directed to a Regency. ". 3. Article 5 of the Law of December 20, 1884 and subsequent amendments shall be repealed and replaced by the following: "The Regency appoint a rapporteur chosen from among the lawyers registered in a special list drawn up annually by the Association of Lawyers. The rapporteur, taking cognition of cause and recognized the likely merits of the instant claim, it first has to groped a poem. If conciliation fails, the rapporteur, in the first meeting of the National Commission of Free Professions, is the report of the cause, after which the National Commission of Free Professions issued the decision on admission and identifies with the list set out in the first period , the lawyer entrusted with the patronage of the cause according to the criteria adopted by resolution by the Bar Association. "4. Article 6 of the Law of December 20, 1884, as amended is repealed. 5. Article 7 of the Law of December 20, 1884 and subsequent amendments shall be repealed and replaced by the following: "The application for legal aid from the date of submission shall suspend the running of time-limits and procedural until the resolution of the National Commission of Free professions, positive or negative, regarding the request for legal aid is granted. ". 6. Article 9, second paragraph of the Law of December 20, 1884 and subsequent amendments shall be repealed and replaced by the following: "In this case, the National Commission of Free Professions is to decide after weighing especially the reasons for the decision at first instance and the reasons the act of appeal. ". 7. Article 10, second paragraph of the Law of December 20, 1884 and subsequent amendments shall be repealed and replaced by the following: "In case of refusal incurs a penalty of € 5,000.00 (five thousand euro / 00).". 8. Article 11 of the Law of December 20, 1884 and subsequent amendments shall be repealed and replaced by the following: "The party granted legal aid is exempt from the payment of court and all additional stamp duties, registration fees on acts to be used for the purposes of judgment. ". 9. Article 12 of the Law of December 20, 1884, as amended is repealed. CHAPTER IV RULES ON CONTROL OF LEGITIMACY AND PROCEDURE MMINISTRATIVA Section I Art. 14 (Changes to the preventive control of legitimacy discipline) 1. Article 24, third paragraph of the Law 68 of June 28, 1989, as amended is repealed and replaced by the following: "a copy of the register of practices subject to judicial review is published by the Registrar in the albo of the Court and made available by post or by means of computer or electronic instruments to the Secretariat of State for Internal Affairs and organizations union. ". Section II Art. 15 (Judicial vacations in administrative judicial remedies) 1. The discussion of administrative legal proceedings observes a period of vacations, which is fixed in the months of July and August each year, during which the course of procedural time limits is suspended. 2. All terms seats for the performance of acts, both of the judges that the lawyers, even if the case of acts to be performed or to be filed with the Registrar, when come to maturity in period of vacations, shall be extended to the first day following the end of the holidays. 3. However, if an administrative judicial mind the urgent character or is required the suspension of the contested measure, the judge must order the handling of the appeal is sustained during the period of judicial vacations. Art. 16 (Change how to appeal against the administrative penalties imposed by the Director of Labour) 1. Against the administrative penalties imposed by the Director of Labour has admitted judicial review to the Law Commissioner, in the forms and terms under Title II of 68/1989 Act, as amended, subject to the possibility for the court to derogate from the provisions of Article 18, fifth paragraph of the same law. Art. 17
(Change to the discipline of evidence in disputes devolved to the administrative jurisdiction) 1. In disputes relating to public employment under the exclusive jurisdiction of administrative courts are allowed oral evidence to ascertain the facts not otherwise demonstrable. 2. In disputes devolved to the administrative jurisdiction, to ascertain the facts essential to the decision, the court, on application, may exceptionally admit the means of oral evidence in addition to the documentary. CHAPTER V PROVISIONS RELATING TO CERTIFICATES ISSUED BY THE DEPARTMENT OF CRIMINAL RECORDS Art. 18 (provisions relating to certificates issued by the Filing of Judicial Service) 1. The certificates issued by the Judicial Service Casellario are exclusively signed by the Registrar or by the actuary. CHAPTER VI RULES OF COORDINATION Art. 19 (Entry into force of the provisions contained in the law) 1. The provisions contained in Chapter I of this Act shall apply to: a) civil disputes with effect on the continuation of the process; b) in all civil cases where the application is lodged at the Chancellery in following the entry into force of this Act. 2. The period of limitation provided for in Article 11, paragraph 1 shall apply to rights acquired before the entry into force of this Act, if the same does not prescribe before on the basis of existing rules. The abbreviation of the terms-limits referred to in Article 11 paragraph 1 shall not apply to cases pending before the entry into force of this Act. 3. The provisions contained in Chapter IV Section II apply to administrative appeals filed with the Registrar in following the entry into force of this Act. Art. 20 (Consolidated Law on civil procedure) 1. The State Congress passed a resolution to approve an official consolidated text on civil procedure. 2. The aforementioned text will have no legislative force but will be exclusively designed to allow users the use of a systematic and updated text on the subject. Art. 21 (Repeals) 1. Are repealed all provisions inconsistent with this Law, and in particular Article 3, first paragraph, number 5) of Law 13 of June 5, 1923. Art. 22 (Entry into force) 1. This law comes into force on the fifth day following that of its legal publication. Our Residence, this day of July 1 2015/1714 THE CAPTAINS REGENT Andrea Belluzzi - Roberto Venturini THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Gian Carlo Venturini