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LAW 12760 Code of Civil Procedure BOLIVIA

This document presents a summary of the first chapters of the Code of Civil Procedure of Colombia. It establishes that judges and courts will substantiate and resolve claims in accordance with the laws. It also defines the duties and powers of judges, as well as the rules on jurisdiction, conflict of jurisdiction, excuses and challenges.
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© © All Rights Reserved
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0% found this document useful (0 votes)
61 views169 pages

LAW 12760 Code of Civil Procedure BOLIVIA

This document presents a summary of the first chapters of the Code of Civil Procedure of Colombia. It establishes that judges and courts will substantiate and resolve claims in accordance with the laws. It also defines the duties and powers of judges, as well as the rules on jurisdiction, conflict of jurisdiction, excuses and challenges.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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CODE OF CIVIL PROCEDURE

FIRST BOOK

OF THE PROCESS IN GENERAL

TITLE I

OF THE JUDICIAL ORGAN

CHAPTER I

JUDGE

ARTICLE 1 - (Judicial Power).- I.- The judges and courts of justice


will substantiate and resolve, in accordance with the laws of the Republic, the
claims submitted to their jurisdiction.

II.- They will not be able to excuse themselves from failing under the
pretext of lack, darkness
or insufficiency of the law, in the cases submitted to its judgment, and
a sentence must be pronounced according to the equity that arises
from the laws, in accordance with the provisions that include cases
similar to the particular event that occurred.

ARTICLE 2 - (Procedural Impulse).- The judges and courts will be in


charge and responsible for the necessary procedural impulse, so that the cases
are not paralyzed and are concluded within the legal deadlines.

ARTICLE 3 - (Duties of Judges and Courts).- The duties of judges


and courts are:

1) Ensure that the process develops without defects of nullity.

2) Dictate orders, orders and sentences within the terms indicated


in this Code.

3) Take necessary measures to ensure equality


effectiveness of the parties in all actions of the process.

4) Presiding over the hearings.

5) Arrange that visible posters be placed in their offices referring to


loyalty, cooperation, good faith and other standards of conduct
that the parties must observe, as well as others that contain
special instructions to facilitate and speed up the procedures.

6) Ensure that the officials of your department correctly carry out


the functions assigned to them.

ARTICLE 4 - (Special Powers).- Judges and courts will have the


following powers, ex officio or at the request of a party:

1) Declare the peremption of the instance and rebellion.

2) Reject any writing that contains expressions that are offensive to


the parties, the judge or morality, or that is not relevant to the
reason for the process.

3) Suppress incidents that only tend to interfere or


delay the process.

4) Demand the evidence they consider necessary, such as


exhibitions, expert opinions and oaths, call the witnesses offered
by the parties, carry out confrontations and use whatever means
are conducive to the greater clarification of the process.

5) Warn the parties and warn subordinates.

6) Impose the sanctions established in this Code.

7) Declare at the time of issuing a sentence the recklessness or


malice incurred by the parties or professionals involved.

ARTICLE 5°- (Liability).- Judges and magistrates will be responsible


for their acts, criminally or civilly, in the manner determined by this Code and
other laws.
CHAPTER II

JURISDICTION AND COMPETENCE

ARTICLE 6 - (Jurisdiction and Competence). - The jurisdiction and


competence of judges and courts will be governed by the provisions of Title II,
sole chapter of the Judicial Organization Law and by the provisions of this
chapter.

ARTICLE 7°- (Opening of Competition).- The jurisdiction of the


judge, before whom a claim is filed, will be opened with the summons of the
latter to the defendant. The person summoned by one judge may not later be
summoned by another on the same matter.

ARTICLE 8 - (Loss of Competence).- The judge or magistrate will


lose his competence in the trial:

1) By excuse declared legal.

2) By recusal declared legal.

3) For having settled the competition raised against him.

4) By termination of the lawsuit.

5) In the case of art. 208.

ARTICLE 9 - (Nullity).- Resolutions issued in cases of suspension or


loss of the judge's jurisdiction will be null.

ARTICLE 10 - (Competition Rules).- Outside of cases of express or


tacit extension referred to in article 24 of the Judicial Organization Law, the
following jurisdiction rules will be followed:

1) In lawsuits for real or mixed actions over property in general:

a. The judge of the place where he is located will be


competent.
where the disputed object is located or the domicile of the
defendant, at the plaintiff's choice.
b. If things were various and located in places
different, that of the one where any of them will be found.

c. If a property spans two or more jurisdictions, it will be


the one chosen by the plaintiff.

2) In lawsuits for personal actions, the judge of the


domicile of the defendant, the place where the obligation must
be fulfilled, or where the contract was signed, at the plaintiff's
choice.

3) In successions, the competent judge will be:

a. That of the place of the last domicile of the deceased, or


that of
where any of the inheritance assets will be found.

b. If the death occurs abroad, the


last domicile that the deceased may have had in the
Republic, or the one where any of the inheritance assets
are located.

4) Anyone who does not have a known address may be sued in the
place where they are found.

CHAPTER III

CONFLICT OF COMPETENCES

ARTICLE 11°- (Disputed Competence).- The dispute that arises


between two courts or tribunals of equal or unequal jurisdiction over which
jurisdiction corresponds to the dispute, may be promoted ex officio or at the
request of the parties, by inhibitory or declinatory.

ARTICLE 12 - (Inhibition).- The injunction will be attempted before


the judge or court who is considered competent, asking him to send a letter to
the one who is considered incompetent so that he can inhibit himself and refer
the process to him.

ARTICLE 13 - (Declination).- The declination will be proposed to the


judge or court who is considered incompetent, asking him to remove himself
from the knowledge of the case and refer the process to the one considered
competent.

ARTICLE 14°- (Provenance).- Questions of jurisdiction may only be


promoted by way of declination or inhibition, before having consented to the
jurisdiction against which the claim is made.

ARTICLE 15°- (Substantiation of the Declination).- The declination


will be substantiated like the other previous exceptions and, once declared
appropriate, it will be sent to the judge considered competent.

ARTICLE 16 - (Substantiation of the Inhibition).- If, once the


injunction has been filed, the judge or court declares himself competent, he will
send a letter to the judge or court deemed incompetent, accompanying
testimonies of both the document that raised the injunction and the resolution
that would have corresponded to him and other necessary precautions to
establish his competence; He/she will also request the other judge to restrain
him/her, to send the file or, failing that, to send it to the court called by law to
settle the dispute.

ARTICLE 17°- (Processing of the injunction before the requested


judge).- I.- Once the letter has been received, the requested judge or court will
rule within a period of forty-eight hours, accepting or denying the injunction.

II.- If the requested party accepts the restraining order, the case will be
sent to the judge or
requesting court summoning the parties to appear before the latter.
This resolution will be unappealable.

III.- If the requested party denies the restraining order and maintains its
jurisdiction, it will send the proceedings, without further substantiation,
and within a period of forty-eight hours to the competent court to settle
the dispute, at the same time notifying the requesting judge or court to
send its own. within the same period if the judges are in the same
judicial seat, or within six days if in different seats.

ARTICLE 18 - (Processing of the injunction before the superior


court).- Within five days of receiving the actions of both judges or courts, or
within fifteen days of sending those only by the requested party, the superior
court called by law will resolve the dispute without further substantiation and will
return said actions to the person who is declared competent, informing the other
ex officio.

ARTICLE 19 - (Suspension of Procedures).- During the dispute and


from the moment the requested judge or court receives the letter requesting its
injunction, both judges or courts must abstain from all proceedings on the main
matter, except for precautionary measures or any diligence whose omission
could result in irreparable harm.

CAPITULO IV

EXCUSES AND RECUSATIONS

ARTICLE 20°- (Causes).- REPEALED BY LAW 1760 OF 02/28/1997 IN ITS ARTICLE 2.


REPEALED BY LAW 1760 OF 02/28/1997 IN SPECIAL PROVISION THREE II.
CAPITULO V

PROCESSING OF EXCUSES

ARTICLE 22 - (Excuse ex officio) IN ITS THIRD SPECIAL PROVISION II.ARTICLE 24°-


(Excuse produced).- REPEALED BY LAW 1760 OF 02/28/1997 IN ITS THIRD SPECIAL
PROVISION II.ARTICLE 25°- (Excuse denied).-
REPEALED BY LAW 1760 OF 02/28/1997 IN ITS THIRD SPECIAL PROVISION
II.ARTICLE 26°- (Prohibition of excusing oneself without cause).- REPEALED BY LAW
1760 OF 02/28/1997 IN ITS THIRD SPECIAL PROVISION II.ARTICLE 27° - (Excuse
observed).- REPEALED BY LAW 1760 OF 02/28/1997 IN ITS THIRD SPECIAL
PROVISION II.ARTICLE 28°- (Excuse of magistrates).- REPEALED BY

LAW 1760 OF 02/28/1997 IN ITS THIRD SPECIAL PROVISION II.ARTICLE 29°- (Excuse
declared illegal).- REPEALED BY LAW 1760 OF 02/28/1997 IN ITS THIRD SPECIAL
PROVISION II.ARTICLE 30°- (Radicatory of process).- REPEALED BY LAW 1760 OF
02/28/1997 IN ITS THIRD SPECIAL PROVISION II.ARTICLE 31°- (Excuses of provincial
judges).- REPEALED BY LAW 1760 OF 02/28/1997 IN ITS THIRD SPECIAL PROVISION
II. .
CAPITULO VI

PROCESSING OF CHALLENGES

ARTICLE 32°- (Recusal of judges and magistrates).- REPEALED BY LAW 1760 OF


02/28/1997 IN ITS THIRD SPECIAL PROVISION II. ARTICLE 33°- (Recusal of judges of
the capitals of the Department).- REPEALED BY LAW 1760 OF 02/28/1997 IN ITS THIRD
SPECIAL PROVISION II.ARTICLE 34°- (Recusal of provincial judges).- REPEALED BY
LAW 1760 OF 02/28/1997 IN ITS THIRD SPECIAL PROVISION II.ARTICLE 35°-
(Inhibition of judge challenged).- REPEALED BY LAW 1760 OF 02/28/1997 IN ITS THIRD
SPECIAL PROVISION II.ARTICLE 36°- (Probatory period).- REPEALED BY LAW 1760
OF 02/28/1997 IN ITS THIRD SPECIAL PROVISION II.ARTICLE 37°- (Resolution).-
REPEALED BY LAW 1760 OF 02/28/1997 IN ITS THIRD SPECIAL PROVISION
II.ARTICLE 38°- (Condemning resolution).- REPEALED BY LAW 1760 OF 02/28/1997 IN
ITS THIRD SPECIAL PROVISION II.ARTICLE 39°- (Resolution of acquittal).- REPEALED
BY LAW 1760 OF 02/28/1997 IN ITS THIRD SPECIAL PROVISION II.ARTICLE 40°-
(Repetition of recusal).- REPEALED BY LAW 1760 OF 02/28/1997 IN ITS THIRD
SPECIAL PROVISION II. ARTICLE 41°- (Unresolved challenge).- REPEALED BY LAW
1760 OF 02/28/1997 IN ITS THIRD SPECIAL PROVISION II.ARTICLE 42°- (Annulment
appeal).- REPEALED BY LAW 1760 OF 02/28/1997 IN ITS THIRD SPECIAL PROVISION
II.ARTICLE 43°- (Subsistence of inhibition).- REPEALED BY LAW 1760 OF 02/28/1997 IN
ITS THIRD SPECIAL PROVISION II.ARTICLE 44°- (Partial recusal of Members).-
REPEALED BY LAW 1760 OF 02/28/1997 IN ITS THIRD SPECIAL PROVISION
II.ARTICLE 45°- (Recusal of all members).- REPEALED BY LAW 1760 OF 02/28/1997 IN
ITS THIRD SPECIAL PROVISION II. ARTICLE 46°- (Partial recusal of Ministers).-
REPEALED BY LAW 1760 OF 02/28/1997 IN ITS THIRD SPECIAL PROVISION II.
ARTICLE 47°- (Recusal of co-judges).- REPEALED BY LAW 1760 OF 02/28/1997 IN ITS
THIRD SPECIAL PROVISION II.ARTICLE 48°- (Recusal of auxiliary officials).-
REPEALED BY LAW 1760 OF 02/28/1997 IN ITS THIRD SPECIAL PROVISION
II.ARTICLE 49°- (Challenge of arbitrators and arbitrators).- REPEALED BY LAW 1760 OF
02/28/1997 IN ITS THIRD SPECIAL PROVISION II.
TITLE II

OF THE PARTS

CAPITULO I

INTERVENTION AND CAPACITY OF THE PARTIES

ARTICLE 50°- (Essential intervention).- The people who intervene


in the process are essentially the plaintiff, the defendant and the judge.

ARTICLE 51°- (Accessory intervention).- I. Prosecutors will also


attend when they do not represent the State as plaintiff or defendant, and
auxiliary officials of the administration of justice included in the Judicial
Organization Law.

II. Lawyers, experts,


interpreters, depositaries, administrators, auditors, auctioneers and
commissioners.

ARTICLE 52°- (Capacity).- Any legally capable person may


intervene in the process and request legal protection from the State, either
directly or through a representative.

ARTICLE 53°- (Incapacity).- Legally incapable persons may only


intervene through their parents or guardians.

ARTICLE 54°- (Supervening capacity).- If in the course of the


process the incapacitated person becomes qualified, the procedures will
continue with him.

ARTICLE 55°- (Death or disability in personal action).- I. When the


party acting personally dies or becomes incapacitated, once the fact is
confirmed, the judge will suspend the proceedings and summon the heirs or the
guardian by means of edicts so that within a period of thirty days they are
present and assume the defense, continuing the trial in the state in which it will
be found.

III. If the incapacitated person does not have a guardian, the judge,
once that period has expired, will
will appoint one ad litem.

IV. If the heirs do not appear within the specified period,


will declare peremption or rebellion.

ARTICLE 56°- (Legal entity).- Legally constituted companies, as well


as corporations, autonomous, autonomous entities, cooperatives and
communities, will attend through their legal representatives.

ARTICLE 57°- (Obligations and responsibilities).- The parties,


when making use of all the powers granted to them by law, will be obliged to
behave with loyalty, correctness and decorum, under the sanctions and
responsibilities that the judge may impose in the course of the process or when
passing sentence.
CAPITULO II

REPRESENTATION

ARTICLE 58°- (Representation by mandate).- The person who


appears in the process in the name or representation of another must
accompany the first document with the documents that demonstrate his or her
legal status.

ARTICLE 59°- (Representation without mandate).- I. The husband


or wife for their spouse, the parents for the children and vice versa, the brother
for the brother, the parents-in-law for their sons and daughters-in-law and vice
versa, may sue, answer and counterclaim as long as they are not actions of a
very personal nature, but with protest that the principal, until before the
sentence, will consider what was done in his name as well done; will provide
guarantee of being in compliance.

11. If the principal does not appear until before the


sentence, the action will be considered non-existent, condemning the
representative to pay costs and, where appropriate, damages.

ARTICLE 60°- (Effects of the admission of personality).- Once the


personality is admitted, the agent assumes all the responsibilities that the laws
impose on him and his acts bind the principal as if he personally carried them
out.

ARTICLE 61°- (Obligations of the agent).- The agent will be obliged


to follow all the procedures of the process as long as he or she does not legally
cease to hold office. Until then, the summons and notifications made to him,
including final sentences, will have the same force as if they were made to the
principal, without him being allowed to request an understanding with the latter.
Except for acts that by law must be personally notified to the party.

ARTICLE 62°- (Extension of power).- I. The power conferred for one


or more specific lawsuits, whatever their terms, will include the power to file and
process legal, ordinary and extraordinary remedies.

12. It will also include the power to intervene in incidents


and exercise all procedural acts, except those for which the law
requires special power or which have been expressly reserved in the
power of attorney.

ARTICLE 63°- (Cessation of representation).- The representation


of the attorneys will cease:

1) By revocation of the mandate that appears in the file. In this


case, the principal must appear himself or constitute a new
representative under penalty of continuing the process in
absentia. The mere presentation of the principal will not revoke
the power of attorney.

2) By resignation, a case in which the attorney must, under penalty


of damages, continue the efforts until the deadline set by the
judge for the principal to replace the attorney or appear
independently expires. The setting of the deadline will be made
under warning of continuing the trial in absentia. The resolution
that so provides must be notified by document at the principal's
address.

3) Because the personality with which the authorizing entity litigated


has ceased.

4) For having concluded the cause for which the power was
granted.

5) Due to death or incapacity of the principal. In these cases:

a. The agent will continue to exercise his/her legal capacity


until the heirs or the guardian take the appropriate
intervention in the process.

b. Meanwhile, once the death or incapacity has been


confirmed, the judge will set a deadline for the interested
parties to appear legally, summoning them directly if their
addresses are known, or, if not, by edicts for two
consecutive days, under the warning to continue the
process in absentia in the first case and to appoint guardian
ad litem in the second.

c. When the death or incapacity of the principal


If it has come to the attention of the agent, he must notify
the judge or court within a period of three days, under
penalty of losing the right to collect the fees that accrue
subsequently. The agent who fails to indicate the name and
address of the heirs, or of the guardian, if known, will incur
the same sanction.

6) Due to death or incapacity of the agent. Once the case occurs,


the processing of the process will be suspended and the judge
will set a deadline for the principal to appear by himself or by a
new representative, summoning him in the manner provided in
the previous paragraph. Once the deadline has expired without
the principal complying with the requirement, the process will
continue in default.

ARTICLE 64°- (Liability for costs).- Without prejudice to civil or


criminal liability for the exercise of the mandate, the agent must respond to his
principal for the costs caused by his exclusive fault or negligence. The judge
may, according to the circumstances, establish the joint liability of the agent
with the sponsoring lawyer.

ARTICLE 65°- (Unification of representation).- I. When several


litigants with a common interest act in the process, the judge, ex officio or at the
request of a party and after the claim has been answered, will inform them to
unify their representation provided that there is compatibility in it, that the right
or basis of the claim is the same or equal defenses. For this purpose, a hearing
will be scheduled, and if the interested parties do not attend or do not agree to
the appointment of a sole representative, they will appoint, choosing among
those who will intervene in the process.

II. The unification cannot be arranged if it is a process


Ordinarily, the parties, in the same act, will not reach an agreement
on the person who will assume legal direction.

III. Once the unification has occurred, the sole representative will
have,
With respect to its principals, all the powers inherent to the mandate.

ARTICLE 66°- (Revocation).- I. Once the unification is established, it


may be revoked by unanimous agreement of the same parties, or by the judge
at the request of any of them, provided there is justified reason. The revocation
will not take effect as long as the new president does not intervene.

II. The unification will be void when the


budgets mentioned in the first paragraph of the previous article.

ARTICLE 67°- (Litisconsorcio).- Several posonas may sue or be


sued in the same process, when the actions are connected by the title, the
object, or by both elements at the same time.

CAPITULO III

REBELLION

ARTICLE 68°- (Declaration of default).- The party with a known


address who, being duly summoned, does not appear during the period of the
summons or abandons the trial after having appeared, will be declared rebel at
the request of the other or ex officio. This resolution will be notified to you by
letter at your address. Subsequent notifications will be made at the court clerk's
office.

ARTICLE 69°- (Effects).- Default will not prevent the trial from
following its legal course and will constitute a presumption of truth regarding the
lawful facts affirmed by the person who obtained the declaration.

ARTICLE 70°- (Notification with the sentence).- The sentence will


be made known to the rebel in the same way as the summons with the demand,
as provided in article 68.

ARTICLE 71°- (Precautionary measures).- From the moment in


which a litigant has been declared a rebel, the necessary precautionary
measures may be decreed, if the other party so requests, to ensure the object
of the trial.

ARTICLE 72°- (Appearance of the rebel).- Once the rebel appears,


the declaration of rebellion will cease, and he will take up his defense in the
state in which the process is found, after payment of a fine.

ARTICLE 73°- (Subsistence of precautionary measures).- I. The


precautionary measures decreed in accordance with article 71 will continue until
the end of the trial, unless the affected party justifies having defaulted for
reasons that it could not have overcome. The rules on expansion, replacement
or reduction of precautionary measures will be applicable.

11. All requests related to these measures will be processed


by incidental means, without stopping the course of the main process.

ARTICLE 74°- (Second instance evidence).- If the rebel has


appeared after the period of evidence and appeals the sentence, at his request
the cause of evidence will be received in the second instance on the facts
alleged in the appeal. The maximum term will be twenty days.

CAPITULO IV

EVICTION CITATION

ARTICLE 75°- (Opportunity).- The defendant may request the


eviction summons within the period to raise prior exceptions. The denial will be
appealable without further appeal.

ARTICLE 76°- (Notification).- The guarantor of eviction will be


summoned in a manner and within a period equal to those established for the
defendant and must assume the defense within the term of the response. It will
be the responsibility of the defendant to activate the necessary steps to obtain
knowledge of the aforementioned, under legal summons.

ARTICLE 77°- (Abstention and delay of the aforementioned.- I. If


the summoned does not appear or, having appeared, does not assume a
defense, the trial will continue with the person who requested the summons,
except for the rights of the latter against the former.

11. If the summoned person appears, he will take the case in the state
in which
she will be found. In the response you may raise exceptions that have
not been previously opposed.

ARTICLE 78°- (Defense by the summoned).- If the summoned for


eviction assumes the defense, he or she may act jointly or separately with the
party that requested the summons, in the capacity of joint litigation.
CAPITULO V

FREE BENEFIT

ARTICLE 79°- (Origin).- I. The free benefit is personal and non-


transferable. It will be granted only to those who do not have sufficient financial
means to litigate or assert any right outside of litigation, even if they have what
is essential to survive.

11. Public charitable institutions will enjoy this


benefit, without the need for prior judicial declaration.

ARTICLE 80°- (Opportunity).- The request may be made before the


demand or at any stage of the process.

ARTICLE 81°- (Requirements of the application).- The application


will contain:

1) The mention of the facts on which it is based, the need to


judicially claim or defend rights of one's own, one's spouse or
minor children, as well as the indication of the process that will
be initiated or in which one must intervene.

2) The indication of the person or persons with whom the dispute


will be litigated.

3) The offering of proof of the impossibility of obtaining financial


resources to satisfy legal expenses.

ARTICLE 82°- (Procedure).- I. The request must be submitted to the


judge who knows or should know the main case, who will subject it to the
summary process.

II. If the main process is in progress, it will not be interrupted,


The request for the benefit must be substantiated as an incident in a
separate notebook, which will be attached to the principal once the
request is resolved.

ARTICLE 83°- (Resolution).- The judge, without the need for any
other procedure, will resolve the request or incident within three days, agreeing
to the benefit in whole or in part or denying it.

The resolution will be appealable in return effect, without further appeal.

ARTICLE 84°- (Nature of the resolution).- I.- The resolution that


grants or denies the benefit will not be enforceable and will be reviewable.

III. The one that grants it may be left without effect at the request of
the other party, when it is incidentally demonstrated that the
beneficiary is no longer entitled to the benefit.
IV. If it is denied, the interested party may offer other evidence
and request a new resolution.

ARTICLE 85°- (Benefits).- I. Who will obtain the free benefit:

1) You can use your requests on plain paper, without a stamp.

2) You will be exempt from judicial deposits to file your appeals.

3) You will have the right to be appointed a defender.

4) You will be exempt, partially or totally, from the costs or


expenses
judicial until fortunes improve. If you win in the lawsuit, you must
pay those incurred in your defense up to a maximum of one third
of the amounts you receive.

II. Professionals will have the right to payment of their fees


from the condemnation of costs to the adversary.

TITLE III

OF PROCEDURAL ACTS

CAPITULO I

PROCEDURAL RULES

ARTICLE 86°- (Initiation of the process).- The initiation of the


process will be the responsibility of the parties. The judge will initiate it ex officio
only when established by law.

ARTICLE 87°- (Direction).- The judge will be responsible for


directing the process, in accordance with the provisions of this Code.

ARTICLE 88°- (Economy).- Both the judge and the assistants of the
administration of justice will take the necessary measures to achieve the
greatest economy in carrying out the process.

ARTICLE 89°- (Concentration).- The procedural acts must be


carried out without delay, trying to shorten the deadlines and arrange in the
same act or hearing all the necessary procedures.

ARTICLE 90°- (Compliance with procedural rules).-I. The


procedural rules are of public order and, therefore, mandatory compliance,
unless expressly authorized by law.

11. Stipulations contrary to the provisions of this article


will be void.

ARTICLE 91°- (Interpretation of procedural rules).- When


interpreting the procedural law, the judge must take into account that the object
of the processes is the effectiveness of the rights recognized by the substantive
law. In case of doubt, you must pay attention to the constitutional principles as
well as the general principles of procedural law.

CAPITULO II

WRITINGS

ARTICLE 92°- (Drafting).- I.- The writings of the parties must be


written in Spanish, on a typewriter or by hand, in an easily legible manner, on
plain paper and with the legal stamps.

II. The judge or court before which they are directed will be indicated,
with the names of the parties and the individualization of the process.

III. They will have at the top, a sum or summary of the request
and at the end the date of the writing.
IV. They will be signed by the presenting party.

ARTICLE 93°- (Lawyer's signature).- All writing, in any process,


must bear a lawyer's signature, a requirement without which it will not be
admissible, except in summary processes. In matters of mere formality, the
lawyer may sign for the momentarily absent or impeded party.

ARTICLE 94°- (Writing signed at request).- When the presenter


does not know how or could not sign, he will put his digital impression and will
appear personally stating that he has had the document signed at request with
his lawyer or another person, which the secretary will record. in office.

ARTICLE 95°- (Copies).- Every document will be presented with as


many clearly legible copies as there are people to be summoned or notified.

ARTICLE 96°- (Charge).- Every document that is presented will be


charged, with proof of the documents that will be accompanied and the day and
time of presentation. The position will be written in legible writing or with a
mechanical date at the bottom of the document, and will be signed by the
secretary or actuary and, failing that, by the assistant.

ARTICLE 97°- (Presentation in case of urgency).- In case of


urgency and when a peremptory deadline is about to expire, the documents
may be presented at the home of the secretary or actuary, who will record this
circumstance in the position. If they are not found, the document may be
presented to another secretary or actuary or to a public notary of the respective
judicial seat.

ARTICLE 98°- (Proof of delivery).- The secretary or actuary, at the


request of the interested party, will record the presentation of the document and
documents if applicable, transcribing the charge in the copies that the person
hereby has reserved for himself.

ARTICLE 99°- (Non-acceptance of writings).- Secretaries and


actuaries will not receive writings that are not in accordance with the provisions
of this chapter.

ARTICLE 100°- (Reproduction of resolutions).- Any resolution


issued by judges and courts will be reproduced by the secretary or actuary at
the bottom of the copies that have been accompanied, authorizing the
reproduction with his signature and seal.

ARTICLE 101°- (Constitution of domicile).- The actor, the


defendant and the others who appear in the process will be obliged, for the
purposes of the trial, to establish in their first written domicile within a radius of
ten blocks with respect to the premises. of the court in the departmental capitals
and three in the provinces. This address will be considered subsisting for all
legal purposes as long as another address has not been designated.

CAPITULO III

HEARINGS

ARTICLE 102°- (General rules).- The hearings, unless otherwise


expressly provided, will comply with the following rules:

1) They will be public, unless otherwise provided for reasonable


reasons.

2) They will be indicated in advance of no less than three days,


unless urgent reasons require greater brevity.

3) The notification will imply a warning to hold the hearing with any
of the concurrent parties.

4) They will start at the appointed time. Those mentioned will


have
obligation to wait only thirty minutes.

5) The secretary or actuary will record the minutes, making an


abbreviated account of what happened and what was expressed
by the parties.

6) On the same day, the minutes will be signed by the judge and
the secretary or actuary, no later than within the following twenty-
four hours.

ARTICLE 103°- (Shorthand or recorded version).- I.- At the request


of a party, it may be ordered that at its expense a shorthand version of what
happened be taken or that it be recorded by recording or other technical means.
The stenographer(s) will be appointed by the judge.

II .- The stenographic version will be signed on each page by the judge


and
the stenographer. The latter will deliver the stenographic original and
its articulated version no later than within twenty-four hours
immediately after the hearing, and both documents will be attached to
the file after review by the judge, who will sign, together with the
stenographer, also the articulated version of the stenographic original
in each of its leaves.

III .- The judge at any time, and the parties within three
following days, they may request that the stenographer clarify or
revise the articulated version, within a period of forty-eight hours, after
which they will have another equal period to leave a written record of
their disagreement with the final version of the minutes.

IV .- When mechanical recording media are used, such as


assistants to prepare the minutes, this must also be signed by the
person who handled the devices. Within the following forty-eight
hours, the parties may verbally request that the minutes be compared
with the recording, which, for this purpose, will be kept during said
period.

CHAPTER IV

FILES

ARTICLE 104°- (Training).- A file will be formed from every process


that will remain in the court for the examination of the parties and all those who
have a legitimate interest.

ARTICLE 105°- (Judicial deposits).- Every judicial deposit certificate


will be added to the file, stating its number, value, date and the name of the
depositor.

ARTICLE 106 °- (Testimonies and certificates).- I.- From any


judicial file the parties may obtain full or partial testimony, or certification on the
points that interest them.
II.- The release of such documents must be ordered by the
judge, with summons from the opposing party.

ARTICLE 107°- (Loan of files).- I.- The files may be withdrawn from
the court under the responsibility of the lawyers and experts only in the
following cases:

1) By lawyers: to formulate their conclusions for


sentence, to appeal from it, to appeal for cassation and to
answer any of these appeals.

2) The experts: for the fulfillment of their task, whenever in the


opinion of the judge it is necessary to loan the file.

3) When the judge disposes reasoned decision.

II.- In the cases provided for in the last two paragraphs, the judge will
set
the period within which they must be returned.

ARTICLE 108°- (Return).- If the person responsible does not return


the files within the legal deadlines or within those established by the judge, he
or she will pay the fine established by law, without prejudice to being ordered.

ARTICLE 109°- (Loss and replacement of files).- Once the loss of


a file or some of its pieces has been proven, the judge, without prejudice to
reporting the fact to the Public Prosecutor's Office for the respective criminal
action, will order the replacement, which It will be done in the following way:

1) The new file will begin with the ruling of


replacement.

2) The judge will notify the plaintiff, or initiator of the actions


actions, if applicable, to present within five days the copies of the
writings, documents and proceedings that are in their
possession. They will be transferred to the other party or parties
so that they can express their authenticity and present, in turn,
any information they may have. In the latter case, it will also be
transferred to the other parties, with the same period.
3) The secretary or actuary will add copies of all the resolutions
corresponding to the lost file that appear in the court's books, will
report on the status of the case according to its books and will
collect copies of the acts and proceedings that could be
obtained in the offices. and public archives.

4) The copies presented and obtained will be


added to the file in chronological order.

5) The judge may order other measures that he deems necessary


without substantiation or appeal. Once the listed procedures
have been completed, a resolution will be issued, replacing the
file and ordering the prosecution of the case.

6) When the misplacement or loss is only of one or some pieces,


the judge, in accordance with the provisions of the previous
sections, will order the replacement, without suspending, if
possible, the continuation of the case.

7) The replacement costs will be the responsibility of the


secretaries and actuaries, except in the case of article 112.

ARTICLE 110°- (Replacement in courts of appeal).- If the loss or


loss occurs in a court or court of appeal, the repository incident will be sent to
the judge of first instance to proceed in accordance with the previous article.
Once the replacement is done, the inferior will submit the documents to the
court or judge of appeal so that he in turn can do what corresponds to him.

ARTICLE 111°- (Replacement in courts of cassation).-


The same procedure will be adopted when the loss occurs in a court or court of
cassation, and the judge of first instance must, after complying with all the
provisions of article 109, send the documents to the judge or court of appeal so
that he or she can do the same. own and, ultimately, send the said
replacements to the court or judge of cassation.

ARTICLE 112°- (Sanctions).- If it is proven that the loss of a file or


pieces of it is attributable to any professional, he or she, without prejudice to his
or her civil and criminal liability, will be liable to the fine that the judge will set
according to the severity of the case.
CHAPTER V

COMMISSIONS

ARTICLE 113°- (Commissions to other authorities).- When the


judge has to carry out any procedure within his jurisdiction and cannot carry it
out personally, he may entrust it to other judicial authorities, and, only in the
absence of these, to the administrative ones.

ARTICLE 114°- (Exhortations and instructed orders).- When


judicial proceedings have to be carried out outside of his jurisdiction but within
the national territory, the judge will issue exhortations for those of equal
hierarchy and instructed orders for those of lower hierarchy. If it has to be
entrusted to a foreign authority, it will be done by means of an exhortation.

ARTICLE 115°- (Provisions).- The Supreme Court and the Superior


District Courts, at the request of a party, will address their immediate inferiors
through compulsory, subpoena or executory provisions, so that without any
excuse they comply and execute what they they would have been ordered.

ARTICLE 116°- (Form and content of the provisions).- I.- The


provisions will be issued in the name of the Nation and will contain that of the
Court that dispatches it and that of the lower courts or judges to whom it is
addressed.

II.- In the compulsory and subpoena provisions, the writings of the parties
and the resolutions of the Court will be inserted, indicating a
prudential term for their compliance. In the final proceedings,
testimony of the sentence and hearing order will be inserted. All of
them will conclude with the mandate related to their purpose and with
the respective warning in the event of non-compliance.

ARTICLE 117°- (Agreed letters).- I.- The Cortes may also send
agreed letters to their immediate inferiors, in the following cases:

1) For the execution of sanctions imposed on judges,


lawyers, experts, auxiliary officials or dependents.

2) When in ex officio cases the summons or


another errand.
3) To collect the costs and fines that may have been imposed and
send your product where appropriate.

4) To incite them or administer justice within the legal terms, when


the litigants have complained of delay.

II .- The agreed letters will be signed by the secretary of


chamber and endorsed by the minister or member of the week.

ARTICLE 118°- (Communication to non-judicial authorities).-


When courts and judges must make their resolutions known to non-judicial
authorities, they will do so ex officio and in cases of urgency by telegram,
radiogram or other similar means.

CHAPTER VI

SUMMONS AND NOTICES

SECTION I

CITATION

ARTICLE 119°- (Deadline for summons).- The summons with the


claim and counterclaim will be made within twenty-four hours following the day
on which the corresponding order was issued.

ARTICLE 120°- (Personal Summons).- I.- The summons with the


claim and counterclaim will be made to the party in person, delivering a copy of
the claim and ruling, which must be recorded in the respective diligence,
indicating the place, date. and time, signed by the summoned and the official.

III .- If the aforementioned person refuses or ignores signing or is


impossible, it will be recorded in the proceedings with the intervention
of a witness.

ARTICLE 121°- (Summon by ID).- I.- If the person who must be


summoned is not found at his or her home or where the plaintiff, the
investigative officer or the official commissioned to issue the summons has
indicated for this purpose. will leave written notice to any of the family members
or dependents over fourteen years of age, and failing that, to a neighbor who
must be summoned, with the warning that he or she will be searched again the
following business day at a specified time.

IV.- If he cannot be found this second time, the official


will make a written representation stating the circumstances noted, in
view of which the judge will order that the summons be issued by
document, with the intervention of the judicial police or, where
appropriate, a witness who will be duly identified and will also sign the
proceedings. The ID will be delivered to any of the people mentioned
in paragraph I or posted on the door of the home.

V .- If the summons by document had been made at the home


indicated by the plaintiff and such address turns out to be false, the
procedure will be void.

ARTICLE 122°- (Content of the document).- I.- The notification


document will contain the following unequivocally expressed data:

1) The name and address of the person who is to be notified.

2) Court that processes the process.

3) Nature of the process.

4) Purpose of the notification.

5) Transcription of the relevant part of the resolution.

6) Signature and seal of the secretary or actuary who issues it.

II .- Copies of writings, reports of


experts and settlements that contain the transcript of the respective
order or resolution of the judge, authenticated with the signature and
seal of the secretary or actuary.

ARTICLE 123°- (Summons by commission).- I.- When the person


who must be notified does not have his address or is not in the place where he
is sued, he will be summoned by commission.

III .- If the defendant resides outside the Republic, the summons will be
will be done by commission by exhortation or in accordance with
international agreements and corresponding regulations.

ARTICLE 124°- (Summonation by edict).- I.- The summons to a


person whose address is unknown will be made by edict, under the warning of
appointing a public defender with whom the process will be followed.

IV .- The same procedure will be followed when the demand is


directed against unknown persons.

V .- In any of the cases mentioned above, the judge will order the
summons by edict only after the plaintiff has taken an oath that the
circumstances noted are true.

VI .- If thirty days have elapsed since the first publication of the


edict, the aforementioned does not appear, a defender will be
appointed to represent him in the process. The defender must try to
make the interested party aware of the existence of the claim.

ARTICLE 125°- (Publication of the edict).- I.- The edict will be


posted for a period of thirty days on the special board of the house of justice
and will be published during the same period in the newspaper authorized by
the Superior Court of the District. , three times, with intervals of no less than five
days. When there are no daily publications in the locality, the edict will be
published on the radio station authorized by the Superior Court of the District
with the term and intervals indicated above. In the absence of newspapers and
radio stations, the judge may order the publication of the edict in the manner
that ensures its greatest dissemination.

II.- The publication and broadcasting of the edicts will be accredited


adding to the process the newspaper numbers corresponding to the
first and third time, or the certificate of the station with the text of the
edict.

ARTICLE 126°- (Content of the edict).- The edict will contain the
following data:

1) Name of the person who is going to be summoned.

2) Court that processes the process.


3) Nature of the process.

4) Synthesis of the essential points of the claim.

5) Transcript of the judge's resolution.

Article 127.- (Summon to the State and Legal Entity).

YO. When the State is the defendant, it will be summoned in the person of the
hierarchically superior authority.

II.- If the claim is against a legal entity, the summons will be made
to its person or legal representative.

ARTICLE 128°- (Nullity of the summons).- Any waiver of the


summons, with the claim or counterclaim, will be void. Likewise, any citation
that does not comply with the precepts established in this chapter will be void.

ARTICLE 129°- (Lack of form in the summons).- I.- Any nullity due
to lack of form in the summons will be covered if it is not claimed before or at
the time of the response.

II.- The party that, without being legally summoned, has answered the
The claim may not allege lack or nullity of the summons.

ARTICLE 130°- (Effects of the summons).- The summons with the


claim or counterclaim will produce the following effects:

1) The judge will acquire prevention in hearing the case. The


person summoned by one judge may not later be summoned by
another in the same matter.

2) It will interrupt the prescription and cause the effects provided for
by the Civil Code.

3) It will make the legal interest run, in the absence of the


conventional, from the day of the summons, saves contrary
provisions of the law.
4) It will make the debtor default on the obligations without term or
condition, giving rise to damages, losses and costs.

5) It will oblige the possessor to return the fruits received after the
summons.

ARTICLE 131°- (Obligation of the summoned).- The summoned


will have the obligation to appear or constitute a proxy within the term of the
summons, under a warning of being declared rebel.

ARTICLE 132°- (Case of death of the cited person).- If the cited


person dies before the complaint is answered, his or her heirs will be
summoned again, under penalty of nullity.

SECTION II

NOTIFICATIONS

ARTICLE 133°- (General rule).- After the summons with the claim and
counterclaim, the judicial proceedings in all instances must be immediately notified in
the secretariat of the court or tribunal to the parties. For this purpose, the parties and
lawyers acting in the process will have the procedural burden of obligatorily attending
the secretariat on Tuesdays and Fridays to be notified of the actions that have taken
place; If these days are holidays, they will attend the following business day.

ARTICLE 134°- (Notification in court).- When the party who must


be notified goes to court, he or she will be notified by the secretary or any of the
other officials, who will provide him with the respective action for his reading,
and will give him the copies that correspond. The notification will then be filed,
which will be signed by the official and the interested party; If the latter is unable
or refuses, a record will be left.

ARTICLE 135°- (Notification in case of non-attendance).- I.- If


after the Tuesday or Friday following the day of the ruling or action that must be
notified, the party has not attended the court, the notification will be deemed to
have been made and will settle the respective diligence. The terms will begin to
run on the following business day.

II. The notification will not be considered fulfilled if the file is not in the
secretariat or office, in which case it will be
will record this circumstance in the Book of Notifications or other
authorized means of the court or tribunal, remaining as such
case postponed the notification to the following Tuesday or Friday.

III. Failure to comply with the rules indicated by article 14 of this Law amending
article 133 and
paragraph II above, within the year, by secretaries, actuaries and procedural
officers,
will determine the imposition of the following sanctions:
1. At the first opportunity, a warning from the judge;

2. In the second, a fine of twenty percent of the monthly salary,


request of the judge before the respective Superior Court;

3. In the third, exoneration of the charge, observing the procedure


provided in the previous paragraph.

ARTICLE 136°- (Tacit notification).- The removal from the file in


cases permitted by law, the notification with all the resolutions will matter.

ARTICLE 137°- (Exception).- I.- Notification in the manner provided


by article 135 may not be carried out in the case of the following resolutions:

1) The one who orders absolution of positions or confession


provoked.

2) The one that orders personal assistance of the parties or one of


them.

3) The one that will declare the question of pure law and the one
that will order the opening of evidence.

4) Final judgments and interlocutory orders.

5) Those that contain warnings or order the resumption of terms,


apply disciplinary corrections or make known precautionary
measures or their modification or lifting.

6) The first order that falls on the initial request for execution of the
sentence.
7) The one who orders summons to people who are not involved
in the process.

8) The one that travels in transfer exceptions tending to


destroy the action.

9) Whichever is the transfer of the presentation of documents made


in the case of article 331.

10) The provisions expressly provided by the judge.

II.- Notifications in all these cases will be made by document in


the addresses indicated by the parties for the purposes of the
process, unless they have been personally notified.

ARTICLE 138°- (Notifications and summons to witnesses and


other persons).- Notifications and summons to witnesses, experts and other
persons who are not a main party in the process, will be made by document
under the warning that if they disobey what is ordered, They will be subject to a
fine without prejudice to being criminally prosecuted.

CAPITULO VII

PROCEDURAL DEADLINES

ARTICLE 139°- (Character).- I.- The legal or judicial deadlines


indicated in this Code to the parties for carrying out the procedural acts, will be
peremptory and non-extendable, unless otherwise provided.

II .- When the law does not expressly set a deadline, it will be indicated
by the
judge taking into account the nature of the process and the
importance of the diligence.

ARTICLE 140°- (Beginning).- I.- The procedural deadlines will begin


to run from the business day following the summons or notification with the
respective judicial resolution.

III .- The common deadlines for both parties will run from the day
business following the last notification.
ARTICLE 141°- (Course).- The deadlines will pass uninterruptedly
and will only be suspended during judicial vacations. However, they may be
declared suspended due to circumstances of force majeure that make it
impossible to carry out the pending act.

ARTICLE 142.- (Expiration).- The deadlines will expire at the last


business moment of the respective day.

ARTICLE 143°- (Business days and hours).- I.- Judicial actions and
proceedings will be carried out on business days and hours, under penalty of
nullity.

IV.- They will be business days all of the year, except those declared
holidays by law.

V .- The working hours will be those indicated by article 249 of the Law.
of judicial organization; but regarding procedures that judges and
auxiliary or dependent officials must carry out outside the court,
business hours will be those between 6 a.m. and 6 p.m.

ARTICLE 144°- (Express authorization).- At the request of a party


or ex officio, non-working days and hours may be authorized to carry out
procedures and actions without compliance with which the exercise of a right
could be seriously jeopardized.

ARTICLE 145°- (Tacit authorization).- The diligence or action


initiated on a business day and time may be carried to its conclusion in non-
business time without the need for express authorization. If it cannot be finished
on the day, the judge or court will immediately set a time to continue the next
day.

ARTICLE 146°- (Distance period).- For all proceedings that should


be carried out outside the seat of the court or tribunal, but within the Republic,
the deadlines set by this Code will be extended at the rate of one day for every
two hundred kilometers or each fraction that does not fall below one hundred,
provided that there is air, rail or road transportation. If these services do not
exist, the extension will be one day for every sixty kilometers.

ARTICLE 147°- (Shortening of deadlines).- The parties may agree,


by express written statement, that a deadline be shortened.
ARTICLE 148°- (Suspension of the procedure).- The parties may
agree, also in writing, to suspend the process procedures, only once and for a
specific period that may not exceed ninety days.

CAPITULO VIII

INCIDENTS

ARTICLE 149°- (Principle).- Any accessory issue that arises in


relation to the main object of a dispute will be processed by incidental means.

ARTICLE 150°- (Prosecution of the main process).- Incidents will


not suspend the processing of the main process, unless there is an express
provision of the law or, in exceptional cases, the judge so resolves when it is
essential due to the nature of the case. the question raised.

ARTICLE 151°- (Rejection).- If the promoted incident is manifestly


inappropriate, the judge must reject it without further procedure.

ARTICLE 152°- (Procedure).- If the incident is admitted, it will be


sent to the other party to answer it within three peremptory days, after which, if
there are factual issues to prove, the judge will immediately open the
evidentiary period of six days.

ARTICLE 153°- (Reception of evidence).- If a hearing is required to


receive the evidence, the judge will immediately indicate it, adopting the
appropriate measures to receive all the evidence. If necessary, up to a second
hearing may be scheduled, always within the incidental evidence period.

ARTICLE 154°- (Resolution).- I.- Once the transfer has been


answered or the deadline has expired, or the evidence has been received, or if
none of the parties offer it or it is ordered ex officio, the judge, without further
procedure, will issue a resolution.

11 .- If there are two or more incidents in resolution status


They can be decided in the same car.

ARTICLE 155°- (Sanctions).- I.- The resolution that rejects an


incident will contain a condemnation of costs and a fine, which will be increased
in geometric progression, up to five times, in the case of new incidents rejected
to the same party.

12.- The resolution will also contain, where appropriate, the declaration
of
recklessness due to the conduct of the incidentist or his lawyer,
imposing, depending on its severity, a fine, individually or jointly, in
favor of the victorious party.

CAPITULO IX

PRECAUTIONARY MEASURES

ARTICLE 156°- (Request for precautionary measures).- Before the


claim is filed or during the substantiation of the process, the following
precautionary measures may be requested:

1) Preventive note.

2) Preventive embargo.

3) Kidnapping.

4) Intervention.

5) Prohibition of celebrating acts or contracts on goods


determined.

ARTICLE 157°- (Preventive notation).- I.- Whoever demands the


ownership of real estate, or the constitution, modification or extinction of a real
right over real estate or obtains seizure may request preventive annotation in
accordance with the provisions of article 620 of the Civil Code.

II.- Preventive annotation will also proceed in actions on furniture subject to


registration.

ARTICLE 158°- (Preventive embargo).- The creditor of a debt in


money or kind may request a preventive embargo when:

1) The debtor does not have a domicile in the Republic.

2) The existence of the credit is demonstrated by


recognized public or private document and provided that the
obligation is not sufficiently guaranteed.

3) The co-heir, the condominium owner or the partner, with respect


to the assets of the inheritance, the condominium or the
company, respectively, if they prove the plausibility of the right
and the danger of delay.

4) It would be necessary to request, with respect to the property


demanded, the
claim, division of inheritance, annulment of will or simulation,
provided that documentary evidence is presented that makes the
deduced claim credible.

ARTICLE 159°- (Order).- I.- The order will contain the indication that
the seizure must be limited to the assets necessary to cover the claimed credit
and the costs; the authorization of the officials in charge of executing it to
request the assistance of the public force and the search in case of resistance;
the proof that the debtor is warned to refrain from any act with respect to the
assets subject to the measure that could cause a decrease in the guarantee of
the credit, under the warning of the law.

II.- The debtor may continue with the use of the thing as long as it is
not
orders the seizure or judicial administration of the seized property.

ARTICLE 160°- (Deposit).- When the seized property is movable, a


depositary will be designated, but if the movable property subject to seizure is
that of the house in which the debtor lives, the debtor will be constituted as
depositary thereof, unless due to circumstances specials this was not possible.

ARTICLE 161°- (Obligation of the depositary).- The depositary of


seized furniture must, without any excuse, under a summons to present them
within twenty-four hours of having been judicially summoned.

ARTICLE 162°- (Kidnapping).- I.- The seizure of furniture and


livestock will proceed in the following cases:

1) When the seizure alone does not ensure the right invoked by the
applicant, and provided that a document is presented that makes
the credit whose effectiveness is to be guaranteed credible.
2) With the same condition, whenever it is essential
proceed to the custody or conservation of assets to ensure the
result of the sentence.

3) When it concerns things that the debtor offers for discharge.

II.- The judge, when ordering the kidnapping, will appoint a depositary
with the
responsibilities established by law.

ARTICLE 163°- (Inadmissibility of kidnapping).- Kidnapping will not


proceed when the defendant has had title to property or possession for more
than one year, any of these requirements being sufficient.

ARTICLE 164°- (Judicial intervention).- Judicial intervention may be


ordered, in the absence of another effective precautionary measure or as a
complement to another already provided:

1) At the request of the creditor if it has to fall on assets that


produce income or fruits.

2) At the request of a partner or community member, if the acts or


omissions of the administrators or holders of the assets of the
society or condominium could cause serious harm or endanger
the normal development of the activities of the society.

ARTICLE 165°- (Powers of the auditor).- I.- The controller will be


empowered to:

1) Monitor the conservation of the assets and ensure that the


assets do not suffer deterioration.

2) Check income and expenses.

3) Report immediately to the judge any irregularity that


warn the administration.

4) Periodically inform the judge about the progress of your


task.
11.- The judge will limit the functions of the intervener to what is
essential
and, depending on the circumstances, it may order that it act
exclusively in the collection of the seized part, without any
interference in the administration.

ARTICLE 166°- (Salary).- I.- The judge will set the salary of the
controller, who will only be able to receive it definitively when his management
has been judicially approved.

12.- If his performance exceeds six months, he may be authorized,


prior knowledge of the party, to periodically receive sums as an
advance in adequate proportion with the total salary and income of
the society or community.

ARTICLE 167°- (Prohibition of innovation).- The prohibition of


innovation may be decreed provided that:

1) The right was credible.

2) There is a danger that if the factual or legal situation were


altered, it could influence the sentence or make its execution
ineffective or impossible.

ARTICLE 168°- (Prohibition of contracting).- I.- When by law or


contract or to ensure forced execution, or the assets subject to litigation, a
prohibition of contracting on certain assets is appropriate, the judge will order
the prohibition, identifying what is the subject of it and arranging its registration
in the corresponding registry, and the interested parties and third parties
indicated by the applicant are notified.

II.- The measure will be void if the person who obtained it does not
deduct the
demand within five days of having been disposed of and at any time
when its inadmissibility is demonstrated.

ARTICLE 169°- (Other precautionary measures).- Outside of the


cases provided for in the preceding articles, whoever has a well-founded reason
to fear that, during the time prior to judicial recognition of their right, they could
suffer imminent or irreparable harm, may request urgent measures that,
according to the circumstances, were most suitable to provisionally ensure
compliance with the sentence.

ARTICLE 170°- (Powers of the judge).- To avoid unnecessary


damages or encumbrances to the owner of the property, the judge may limit the
precautionary measure requested or order a different one, depending on the
importance of the right that is intended to be protected.

ARTICLE 171°- (Danger of loss or devaluation).- If there is a


danger of loss or devaluation of the affected movable property or if its
conservation is burdensome or difficult, the judge, at the request of one party
and after transfer to the other party within a period which will be determined
according to the urgency of the case, will be able to order the sale in the most
convenient way, shortening the procedures and allowing days and hours.

ARTICLE 172°- (Property of commercial or industrial


establishments).- If it involves movable property, merchandise or raw
materials belonging to commercial, industrial or related establishments and
necessary for their operation, the judge may authorize the necessary acts to not
compromise the manufacturing or negotiation process.

ARTICLE 173°- (Contracautela).- I.- The precautionary measure


may only be decreed under the responsibility of the requesting party who must
provide security for the costs and damages that may be caused if it has been
requested without right.

II.- This guarantee will not be required when the applicant is the
State, municipalities, or a beneficiary of gratitude.

ARTICLE 174°- (Improvement of the bond).- At any stage of the litigation, the
party against whose assets precautionary measures have been adopted may
request that the bond be improved, summarily proving that it is insufficient. The
judge will solve the previous transfer to another part.

ARTICLE 175°- (Provisional nature).- The precautionary measures


will subsist as long as the circumstances that determined them last, and at any
time when they cease their lifting may be ordered.

ARTICLE 176°- (Modification).- I.- The creditor may request the


extension, improvement or replacement of the precautionary measure decreed,
justifying that it does not adequately fulfill the guarantee function.

II.- The debtor may request the change of a precautionary measure


for another that is less harmful, provided that it sufficiently guarantees
the creditor's right. You may also request replacement with other
assets of the same value or a reduction in the amount for which the
precautionary measure was adopted.

III.- The resolution will be issued after being transferred to the other
party by the
period of five days, which the judge may shorten according to the
circumstances.

ARTICLE 177°- (Expiration).- I.- The precautionary measures that


have been made effective before the process will expire automatically if, in the
case of enforceable obligations, the claim is not filed within five days following
the execution.

II.- The costs and damages caused will be borne by


who obtained the measure, and it cannot be proposed again for the
same reason.

ARTICLE 178°- (Liability).- I.- When it is decided to lift a


precautionary measure because it has been demonstrated that the applicant
abused or exceeded his right to obtain it, the resolution will condemn him to pay
damages if the other party does so. I will request.

II.- The determination of the amount will be substantiated and


determined by
incidental route.

CHAPTER X

NON-ATTACHABILITY OF GOODS

ARTICLE 179°- (Unseizable assets).- The following are non-


seizable assets:

1) Eighty percent of the monthly total received by


concept of salary or salary, except in the case of the family
assistance allowance in which the seizure may be greater than
said percentage.

2) Pensions, retirements, old-age pensions,


disability and other legally established social benefits, except in
the case of family assistance allowance.

3) Animals and agricultural products essential for the sustenance of


the debtor and his family.

4) The items for personal use of the debtor or the family that lives
under their protection and protection.

5) The essential furniture to furnish your home and that of your


family.

6) Books intended for the debtor's professional practice.

7) The machines, tools, instruments and other work objects


essential to the debtor for the exercise of his profession or trade
and for the teaching of any science, profession, art or trade.

8) Family assets, in accordance with article 32 of the Family Code


and the provisions of the Political Constitution of the State.

9) The machinery, equipment, tools, instruments, and materials of


factories, manufactures and workshops, which only admit
intervention. The products will be seizable.

10) Public service assets belonging to the State, municipalities and


universities.

11) The mausoleums.

CAPITULO XI

CONCILIATION

ARTICLE 180°- (Origin).- Conciliation will proceed in the processes


civilians, always that it was not part the state, the
municipalities, charitable establishments, public order entities nor the
incapable to hire, and will be able perform as
prior diligence or during the process at the request of the judge.

ARTICLE 181°- (Conciliation as prior diligence).- Whoever


attempts conciliation before filing the lawsuit, will go to the competent judge:

1) Expressing your reasons or claims and asking for


summons of the defendant to reconcile differences.

2) The judge will order the appearance of the defendant


indicating the day and time for the hearing, which must be held
within a maximum period of three days, with the presence of the
parties or their representatives with special power, and may be
assisted by their lawyers.

3) The judge will exhort the parties trying to obtain the


total or partial reconciliation of their differences.

4) If the parties reach a total agreement, they will sign


jointly with the judge the conciliation record, which will have the
value of res judicata. Its compliance may be required in the
execution process.

5) If there is only partial agreement, it will be recorded in the


conciliation record, and the subsequent demand will fall only on
the non-conciliated points.

6) If there is no agreement, the procedure will be concluded.

7) If any of the parties does not appear, it will be considered


the procedure is completed, unless an impediment is alleged, in
which case the day and time will be set for a new and final
hearing.

8) If the judge deems it appropriate, he may postpone the hearing


for three days, unless the parties agree to another period,
leaving a record. To the new audience the parts
They will appear without the need for a summons.
9) The secretary will prepare detailed minutes of the hearing and
will transcribe it in the conciliation book that will be in his/her
charge.

ARTICLE 182°- (Conciliation at the request of the judge).- The


judge may, until before the ruling, call the parties to conciliation, complying with
the procedures determined in the preceding article.

ARTICLE 183°- (Provision for excuse or challenge).- The opinions


issued by the judge in the conciliation hearing are not causes for excuse or
challenge.

CAPITULO XII

PECUNIARY SANCTIONS

ARTICLE 184°- (Sanction for non-compliance with judicial


mandate).- I.- Judges and courts may impose compulsory and progressive
pecuniary sanctions aimed at ensuring compliance with judicial mandates. Its
amount will benefit the party harmed by the breach. The sanctions will be
graduated according to the economic and personal conditions of the person
responsible and may be readjusted or left without effect if the person desists
from his resistance and fully or partially justifies his actions.

II.- The sanctions referred to in this article will be


independent of the procedural fines that benefit the judicial treasury.

ARTICLE 185°- (Appeal).- I.- Resolutions that impose any sanction


may be appealed in a devolutive effect, without further appeal.

II.- For appeal of resolutions on procedural fines


The prior judicial deposit of the amount will be essential.

ARTICLE 186°- (Coercive collection).- Once the resolution that


condemns the payment of any pecuniary penalty has been executed, the judge
will be obliged to demand its payment ex officio within the third day, without
prejudice to not admitting requests from the sanctioned persons.

TITLE IV
OF JUDICIAL RESOLUTIONS

CAPITULO I

PROVIDENCIAS AND CARS

ARTICLE 187°- (Providencias).- I.- The providences will only tend,


without substantiation, to the development of the process and will order acts of
mere execution.

II.- They will not require substantiation or other formalities other than
being expressed in writing, indicating the date and place, and the
signature of the weekly judge or magistrate. In the oral proceedings,
the rulings will be recorded in the minutes.

ARTICLE 188°- (Interlocutory orders).- The interlocutory orders will


resolve issues that require substantiation and arise during the processing of the
process. In addition to the requirements indicated in the preceding article, they
will contain:

1) The foundations of the resolution.

2) The express, positive and precise decision of the issues raised.

3) The imposition of costs and fines where appropriate.

ARTICLE 189°- (Mutations and revocations).- In interlocutory


rulings and orders that do not prejudge the main content of the litigation, nor cut
off another subsequent procedure by suspending the jurisdiction of the judge,
the judge may ex officio or at the request of a party at any stage of the process.
before the sentence, the mutations or revocations that it believes to be fair.

CAPITULO II

JUDGMENT

ARTICLE 190°- (Sentence).- The sentence will put an end to the


litigation in the first instance; will contain express, positive and precise
decisions; It will fall on the things litigated, in the way in which they would have
been claimed, known to be the truth from the evidence of the process; In it the
defendant will be acquitted or convicted.

ARTICLE 191°- (Obligation of the judge before the sentence).-


The judges, before issuing the order for sentencing, will carry out a thorough
examination of the process to correct ex officio or order any procedural defect
to be corrected by replacing works, where appropriate. , even the oldest vice.

ARTICLE 192°- (Form of the sentence).- The sentence will be given


by ruling and will contain:

1) The heading, with determination of the process, name of the


intervening parties and their generals, and object of the litigation.

2) The considering part with a summary presentation of the fact or


right being litigated, analysis and reasoned evaluation of the
evidence, and citation of the laws on which it is based.

3) The decisive part, with clear, positive and


precise information about the claim or counterclaim where
appropriate, and about the opposing exceptions, declaring the
rights of the litigants and condemning or acquitting them in whole
or in part.

4) The period that will be granted for its compliance.

5) The ruling on costs.

6) The imposition of a fine in the case of recklessness or malice on


the part of the litigants or professionals involved.

7) The place and date on which it is pronounced.

8) The signature of the judge and the authorization of the secretary


or clerk with the respective seals and that of the court or tribunal.

ARTICLE 193°- (Lack of express law).- The judge may not fail to
rule on the merits of the cases submitted to his judgment, under the pretext of
lack, obscurity or insufficiency of the law, nor save the rights of the litigants to
another process. He must base his sentence on the general principles of law,
analogous laws or the equity that arises from the legal system of the State.
ARTICLE 194°- (Scope of the sentence).- The provisions of the
sentence will only cover the parties that intervene in the process and those who
bring or derive their rights from them.

ARTICLE 195°- (Condemnation to pay fruits, interests, damages


and losses).- When the sentence condemns the payment of fruits, interests,
damages and losses, it will set the amount in a liquid amount, unless these
aspects have been additionally demanded, case in which they will be
established in execution of sentence.

ARTICLE 196°- (Powers of the judge after the sentence).- Once


the sentence has been pronounced, the judge will not be able to substitute or
modify it and will conclude his jurisdiction with respect to the object of litigation.
It will be your responsibility, however:

1) Correct ex officio, before notification with the sentence, any


material error as long as it does not alter the substance of the
decision. Simple numerical errors may be corrected even during
sentence execution.

2) At the request of the party, formulated within twenty-four hours of


notification, and without substantiation, correct any material
error, clarify any obscure concept without altering the substance,
and make up for any omission that may have been incurred
regarding any of the claims deduced and discussed. in the
litigation.

3) Order the precautionary measures that are pertinent, as well as


the release of testimonies that are requested.

ARTICLE 197°- (Judgments against the State).- All sentences


issued against the State or public entities in general, will be consulted ex officio
before the superior in grade without prejudice to the appeal that may be filed.

ARTICLE 198°- (Costs in the first instance).- I.- When the judgment
declares the claim unproven in all its parts, the plaintiff will be ordered to pay
costs.

II .- The defendant will be ordered to pay the costs.


who had pronounced a guilty verdict.
III .- In double proceedings there will be no condemnation of costs in
First instance.

ARTICLE 199°- (Scope of the costs).- I.- The costs of the process
will include the various justified and necessary expenses incurred by the
victorious party, such as those for stamped paper, stamps, and others
recognized by the tariff of procedural rights. .

II .- They will also include the attorney's fee and salaries


of the people referred to in paragraph II of article 51.

III .- The expenses corresponding to rejected orders will be


responsibility of the party that formulated them even if the ruling was
favorable in the main.

ARTICLE 200°- (Assessment).- I.- By order of the judge, the


secretary or actuary will assess the costs within a maximum period of forty-eight
hours.

II .- Once the parties have been notified with the appraisal, they may
complain about it.
within twenty-four hours.

ARTICLE 201°- (Regulation and payment order).- Whether or not


the appraisal is observed, the judge will pronounce the corresponding resolution
and will regulate the attorney's fee and the salaries referred to in article 199,
ordering at the same time the payment within of the third day of the total costs.
This resolution may be appealed, without further recourse.

CHAPTER III

DEADLINES FOR RESOLUTIONS

ARTICLE 202°- (Providencias).- The judges will issue the rulings


within twenty-four hours of the parties' requests being presented.

ARTICLE 203°- (Interlocutory orders).- Interlocutory orders will be


issued within a period of five or eight days, depending on whether it is a single-
person judge or a collegiate court. This period will be computed from the day
the file is entered into the office.
ARTICLE 204°- (Judgments, hearing and cassation orders).- I.-
The sentences, unless expressly provided by law, will be pronounced within the
following deadlines:

1) Forty days in ordinary processes.

2) Twenty days in the processes, summaries and executives.

3) Ten days in summary processes.

II .- These deadlines will be computed from the court order.


in the case of ordinary processes, and in the others from when the file
has been submitted to the office for resolution.

III .- The orders of hearing and those of cessation will be pronounced


within the
period of thirty days, counting from the date on which the file is drawn.

CHAPTER IV

DELAY OF JUSTICE

ARTICLE 205°- (Delay).- The judge or court that does not issue the
corresponding resolutions within the deadlines set in the previous articles will
incur delay of justice, therefore becoming liable to the consequent
responsibilities and sanctions.

ARTICLE 206°- (Justified delay and additional deadline for


judges).- Judges who, due to extra workload or other understandable reasons,
cannot pronounce sentences within the deadlines set in this Code, must inform
the Superior Court of the fact. of the District no less than ten days in advance of
its expiration. The superior court, if it considers the cause invoked admissible,
will establish a complementary period of equity in which the sentence must be
handed down by the same judge.

ARTICLE 207°- (Complementary period for courts).- When cases


similar to those mentioned in the preceding article are presented in the Superior
Courts of the District or in the Supreme Court of Justice, the members and
ministers will make them known to their respective chamber. with no less than
five days' notice before the expiration of the period indicated in Article 204, and
may be granted a complementary period of equity.

ARTICLE 208°- (Loss of jurisdiction of the judge).- The judge who


has not pronounced the sentence within the legal period or the period that the
Court has granted him in accordance with article 206, will automatically lose his
jurisdiction, in the process. In this case, the file will be sent within twenty-four
hours to the substitute judge called by law. Any sentence that the titular judge
subsequently dictates will be null and void.

ARTICLE 209°- (Loss of jurisdiction of rapporteur members).-


The Superior Court member who has not presented his/her report within the
legal or complementary period will automatically lose his/her jurisdiction in the
matter. In this case the room will pass the process to whoever follows in order
of draw.

ARTICLE 210°- (Alternate judge).- The provisions of this chapter will


only affect the jurisdiction of the regular judge and not that of the substitute
judge.

ARTICLE 211°- (Delayed trials).- In the event that a judge, upon


taking office, finds several processes in the state of sentencing, he or she may
request a general extension of the deadlines proportional to the number of
pending cases.

ARTICLE 212°- (Sanctions).- I.- The loss of jurisdiction incurred by a


judge or member of the Superior Court in the cases provided for by articles 208
and 209, will be immediately communicated by the District Court to the
Supreme Court. of Justice, sending a copy to the judicial hierarchy office.

II.- Poor performance of the position will result in the loss of


competence
for more than three times within a calendar year.

TITLE V

OF THE RESOURCES

CAPITULO I

GENERAL DISPOSITION
ARTICLE 213°- (Appealability of judicial resolutions).- I.- Judicial
resolutions will be appealable through challenge by the injured party.

II.- Only when the law declares a resolution irrevocable will it be


allowed to refuse to examine the appeal or submit it to the
corresponding judge.

ARTICLE 214°- (Types of resources).- Without prejudice to the


resources established in special laws, judicial resolutions may be claimed
through reconsideration, appeal and cassation resources, in accordance with
the provisions of the following chapters, without prejudice to the resources
special provisions provided by law.

CAPITULO II

REPLENISHMENT RESOURCE

ARTICLE 215°- (Provenance).- The appeal for reconsideration will


proceed against the orders and interlocutory orders, so that the judge or court
that issued them, warned of their error, can modify them or leave them without
effect.

ARTICLE 216°- (Deadline and form).- I.- The appeal for


reconsideration will be filed and substantiated in writing within three days
following the notification with the ruling or order, but when these are issued in a
hearing it must be filed orally. in the same act.

II.- If the law authorizes the providence or order claimed


appeal, in the same document or hearing the appeal may alternatively
be filed in the event that the judge does not modify or annul the
resolution.

ARTICLE 217°- (Procedure and resolution).- The judge may,


depending on the case:

1) Resolve the appeal without substantiation, confirming,


modifying or nullifying the appealed resolution.

2) Run in transfer to the adverse party, which must


respond within a period of three days, or at the same time if it is
a hearing.

3) Open an incidental period of six days, when the resolution to be


issued depends on controversial facts.

4) Grant the appeal if appropriate and have been


filed in the case of refusal.

ARTICLE 218°- (Emergent appeal).- If the new resolution modifies


or annuls the appealed resolution, the opposing party will have the power to file,
in turn, a new appeal for reconsideration and the subsequent appeal.

CAPITULO III

APPEAL

ARTICLE 219°- (Originality of the appeal).- The ordinary appeal will


proceed in favor of any litigant who, having suffered some grievance in the
resolution of the inferior, requests that the judge or superior court repair it. The
default declared in the first instance will not deprive the contumacious
defendant of the right to appeal the sentence.

ARTICLE 220°- (Deadlines to appeal).- I.- The appeal, unless


otherwise expressly provided, will be filed within the following deadlines:

1) Ten days, of the final sentences and orders pronounced in


ordinary summary and executive processes.

2) Five days, of the final sentences and orders in summary


processes.

II.- These deadlines are fatal and will be computed from the
notification with the sentence or order.

ARTICLE 221°- (Suspension of deadlines).- In the case of article


196, paragraph 2, the deadlines indicated in the preceding article will be
suspended and will be computed from the notification with the order of
explanation or complementation.

ARTICLE 222°- (Extensive right).- The appeal may also be granted


to any interested party to whom the final judgment or order causes obvious
harm, and who documentally demonstrates his or her status as interested party.
In this case, the term for filing the appeal will be that established by article 220,
which can be computed from the last notification to the parties.

ARTICLE 223°- (Effects of the appeal).- There are three effects


produced by the appeal: suspensive, returnable and deferred. The first
suspends the jurisdiction of the judge, preventing the execution of the final
sentence or order; The second allows you to continue processing the process
without prejudice to the appeal; and the third allows that, without prejudice to
compliance with the appealed resolution, the granting of the appeal is reserved
until the state of an eventual appeal of the sentence .

ARTICLE 224°- (Appeal in suspensive effect).- The appeal in


suspensive effect will proceed in the following cases:

1) Of the sentences pronounced in ordinary processes.

2) Of the sentences pronounced in eviction proceedings.

3) Of definitive orders that cut off all further proceedings.

ARTICLE 225°- (Appeal in the return effect).- The appeal in the


return effect will proceed in the following cases:

1) Of the sentences pronounced in the executive processes and the


orders that resolve the third parties filed within these processes.

2) Of the sentences and final orders issued in processes


bankruptcy, summary and summary proceedings.

3) Of the interlocutory orders that were pronounced during the


substantiation of the processes and against which the law admits
this appeal.

4) Of the orders that recognized the signatures, in default.

5) Of the resolutions issued in execution of sentence.

ARTICLE 226.- (Inadmissible appeal).- The appeal of simple


substantiation orders will be inadmissible.

CHAPTER IV

APPEAL IN THE SUSPENSIVE EFFECT

ARTICLE 227.- (Appeal of sentence or final order).- The appeal of


the sentence or final order will be filed, justifying the grievance suffered, before
the judge who pronounced them. This appeal will be sent to the opposing party,
which must respond within the deadlines set by article 220.

ARTICLE 228.- (Adherence to the appeal of the sentence).- The


appellee, at the time of responding, may adhere to the appeal filed, and in turn
appeal the sentence in everything that is unfavorable to him. This letter of
adhesion will be sent to the appellant.

ARTICLE 229°- (Grant of the resource). - Once the legal deadlines


have expired, the judge, with or without a response to the transfers provided for
in the previous articles, will grant the appeal, ordering the sending of the file to
the superior.

ARTICLE 230°- (Remission).- The referral of the file will be made


within twenty-four hours of the last notification. The remission will be considered
fulfilled with the delivery of the file to the clerk of the court or superior court, and
with the postage in the post office or sending by the fastest and safest means
that the judge deems appropriate, in the judicial seats where there are no court
or superior tribunal.

ARTICLE 231°- (Filing and legal address).- Once the file is received
by the judge or court of appeal, its filing will be decreed.

ARTICLE 232°- (Powers of the parties). I- Only within the


peremptory period of five days, counting from the date of the filing order, may
the parties present new documents or request the opening of the evidentiary
period.

II.- They may also request that the process be returned to the inferior if
the latter
would have improperly granted the appeal in the suspensive effect
and it is only admissible in the return effect. In this case, it will be
ordered to rectify the error and proceed in accordance with the law.
ARTICLE 233°- (Optional power of the judge or court).- I.- The
judge or court may open an evidentiary period of no more than twenty days in
the following cases:

1) When the parties request it by mutual agreement.

2) When, once the evidence has been declared in the first instance,
it has not been received for reasons not attributable to the
parties that offered it. In this case, the evidentiary period will be
limited to receiving them or to meeting the missing requirements
for their perfection within it.

3) When it concerns events that occurred after the opportunity to


offer evidence in the first instance has passed, but only to prove
or disprove them.

4) When trying to distort documents that could not be presented in


the first instance due to force majeure or fortuitous event or due
to the work of the opposing party.

II.- The judge or court may also, before the decree of the record
arrange for the evidence to be produced that it deems appropriate.

ARTICLE 234°- (Orders for resolution).- Once the deadline set in


article 232 or the evidentiary evidence that has been opened has expired, the
judge or court will ex officio decree orders for resolution.

ARTICLE 235°- (Resolution).- I.- Without further processing, the


judge or court will resolve the appeal within the legal period by issuing the
corresponding hearing order.

II.- The parties, before the resolution, may present their


written or verbal allegations.

ARTICLE 236°- (Pertinence of the resolution).- The hearing order


must be limited precisely to the points resolved by the inferior and that have
been the subject of the appeal and justification referred to in article 227, except
as provided in the part end of article 343.

ARTICLE 237°- (Forms of resolution and costs).- I.- The hearing order may
be:

1) Full confirmation, with costs in both instances.

2) Partial confirmation, without costs.

3) Total or partial revocation, without costs.

4) Cancellation or repository, with responsibility to the inferior.

II.- If both parties are appellants, there will be no condemnation in


coasts.

ARTICLE 238°- (Notification).- Once the hearing order has been


pronounced, each party will be notified in turn, leaving the file at their disposal
so that they can file the extraordinary appeal for cassation, if admissible.

ARTICLE 239°- (Explanation and complementation).- The parties,


within the fatal period of twenty-four hours, may make use of the right granted
to them by article 196, paragraph 2, the provision of article 221 being
applicable.

ARTICLE 240°- (Return of the file).- I.- Once the hearing order has
been executed, the file will be returned to the inferior within the following
twenty-four hours, under the responsibility of the secretary.

II.- Any appeal, in such circumstances, will be inadmissible.

CAPITULO V

APPEAL ON THE REFUND EFFECT

ARTICLE 241°- (Marking of pieces).- I. When granting an appeal in


the return effect, the judge will indicate the strictly necessary pieces that the
testimony will contain, setting at the same time a reasonable period for its
conclusion, computable from the last notification to the parties. The parties may
request that others be added to the testimony that considered necessary, as
long as they are not duplicated. If there are several appellants against the same
resolution, a single testimony will be made. The judge will be responsible for the
amount of useless or duplicate pieces.
II. In the indication of pieces provided for in the previous paragraph and in the cases of articles 242, 243,
244 and 245, referring to the testimony for the processing of the appeal in the return effect, the appellant,
alternatively, may request testimonies or legalized photocopies by the secretary or clerk of the court, of the
strictly necessary pieces, which will have the same authenticity as the original document.

III. If the appellant opts for legalized photocopies, the resulting expenses will be
his or her responsibility.

IV. If the appellant does not comply with the obligation to pay the costs of the
legalized photocopies within the aforementioned period, the provisions of article
243 in fine will apply.”

ARTICLE 242°- (Obligations of the appellant).- The appellant must


provide sufficient sealed paper for the testimony, within a maximum period of
two days from the date of notification of the author who granted the appeal. The
secretary or actuary will place the note of provision of the sealed paper in the
original file. The fees for preparing the testimony will be paid by the appellant,
through a form.

ARTICLE 243°- (Sanction).- If the appellant does not comply with the
obligation to provide the sealed paper for testimony within the period indicated
in the preceding article, the judge, ex officio or at the request of a party, will
declare the appealed resolution enforceable.

ARTICLE 244°- (Remission).- Once the testimony is concluded and


after notification to the parties, which must be done on the same day, the judge
will send it to the superior, within a maximum period of twenty-four hours, in the
manner provided for in article 230.

ARTICLE 245°- (Resolution).- The judge or court of appeal, upon


receiving the testimony, will decree its filing in accordance with article 231, and
without further formalities will resolve the appeal within a period of six days and
with preference to other resolutions. During this same period, the parties may
present arguments.

ARTICLE 246°- (Remission of the original file).- In the case of


appeal of sentences pronounced in executive, bankruptcy, summary and
summary processes, the original file will be sent, leaving testimony of the strictly
necessary pieces in the court.

ARTICLE 247°- (Dispensation of testimony).- When the judge has


nothing to process or execute, he will send the original file waiving the
preparation of the testimony.

ARTICLE 248°- (Appeal of a devolutive sentence).- Appeals of the


devolutive sentence will be processed in the manner provided for in the
previous chapter.

ARTICLE 249°- (Explanation and complementation).- The


provisions of articles 196, paragraph 2 and 239 will be applicable to the
resolutions issued in appeals with devolutive effect.

CAPITULO VI

CASSATION APPEAL

ARTICLE 250°- (Provenance).- I.- The appeal for cassation or


annulment will be granted to invalidate a judgment or definitive order in the
cases expressly indicated by law. It may be cassation in substance and
cassation in form.

11.- These resources may be filed at the same time.

ARTICLE 251°- (Nullity).- I.- No judicial procedure or act will be


declared null if the nullity is not expressly determined by law.

12.- Violations that are not charged or those that are not charged
If they imply nullity by express provision of the law, they will give rise
to reprimand, warning and even the trial of the guilty judge or court.

ARTICLE 252°- (Annulment ex officio).- The judge or court of


cassation will annul ex officio any process in which infractions that concern
public order are found.

ARTICLE 253°- (Resource from cassation in


the bottom).-
The appeal will proceed on the merits:

1) When the appealed sentence contains violation, erroneous


interpretation or improper application of the law.
2) When it contains contradictory provisions.

3) When an error of law or error of fact has been incurred in the


assessment of the evidence. The latter must be evidenced by
authentic documents or acts that demonstrate the manifest error
of the judge.

ARTICLE 254°- (Appeal of cassation in the form).- The appeal of


cassation will be admissible for having violated the essential forms of the
process, when the sentence to the appealed order has been issued:

1) By an incompetent judge or court, or by a court formed in


contravention of the provisions of the law.

2) By a judge or with the concurrence of a member who is legally


prevented or whose excuse or challenge is pending or has been
declared legal by a competent court.

3) By a court with fewer votes or with fewer


number of members than those required by law.

4) Granting more than what was requested by the parties or without


having
pronounced on any of the claims deduced in the process and
timely claimed before the lower courts.

5) On appeal withdrawn.

6) In one of the cases indicated by articles 208 and 209.

7) Failure to comply with any diligence or procedure declared


essential, a failure expressly punishable by nullity by law.

ARTICLE 255°- (Resolutions against which the cassation appeal


is appropriate).- There will be room for the cassation appeal against the
following resolutions:

1) Hearing orders that resolve on appeal the final sentences in


ordinary, summary, bankruptcy and legal arbitrator processes.
2) Hearing orders that resolve a declination of jurisdiction, decide
an exception of incompetence or annul the process.

3) Referring hearing orders, interlocutory orders that put an end to


the litigation.

4) Hearing orders that declare whether or not there is room to hear


a litigant convicted in absentia.

5) Final sentences pronounced in the first instance by the Superior


District Courts.

ARTICLE 256°- (Provisional execution).- The appeal of cassation


will not prevent compliance with the first instance sentence confirmed in all its
parts by the order of hearing in ordinary trials, provided that the victorious party
gives guarantee of results.

CHAPTER VII

CASSATION APPEAL PROCESSING

ARTICLE 257°- (Deadline).- The cassation appeal will be filed within


the fatal and non-extendable period of eight days counting from the notification
with the order of hearing or sentence.

ARTICLE 258°- (Requirements).- The resource must meet the


following requirements:

1) It must be presented before the judge or court that issued the


hearing or sentence order.

2) You must cite in clear, concrete and precise terms the sentence
or order that is appealed, its folio within the file, the law or laws
violated or falsely or erroneously applied, and specify what the
violation, falsehood or error consists of, whether it is cassation
appeal in substance, in form, or both. These specifications must
be made precisely in the appeal and not be based on previous
memorials or writings or replaced later.

3) In the appeal for annulment, it will not be permitted to present


new documents or allege new causes of annulment for
contraventions that have not been claimed in the lower courts,
except in cases that are of interest to public order for the
purposes of article 252.

4) It will have the stamps and certificates of judicial deposit provided


for by law attached.
ARTICLE 259°- (Transfer).- Once the appeal is presented, it will be
transferred to the other party to respond within the same period.

ARTICLE 260°- (Granting of the appeal and referral of the


process).- Once the process is returned with or without a written response to
the appeal, this, being admissible, will be admitted by order and the referral of
the file to the judge or court will be ordered. of cassation within a maximum
period of fifteen days, prior notification of the parties. The costs of this referral
will be borne by the appellant.

ARTICLE 261°- (Sanction).- If the appellant does not provide the


amount of the costs of sending the file within the period established in the
previous article, the expiration of the appeal and the enforceability of the
sentence or order appealed from will be declared ex officio.

ARTICLE 262°- (Competence to deny the granting of the appeal).-


The court or judge of second degree must deny the granting of the appeal of
cassation and declare the sentence or order appealed against enforceable, in
the following cases:

1) When the appeal has been filed after the term has expired.

2) When an appeal could have been made, this ordinary resource


was not used.

3) When the appeal is not provided for in the cases indicated by article 255.

ARTICLE 263°- (Appeal against refusal to grant).- Whenever the


granting of the appeal for annulment is denied in the cases indicated in the
preceding article, there will only be room for certification in accordance with the
formalities established for it.

ARTICLE 264°- (Tax intervention).- Once the process is received by


the judge or court of cassation, it will be heard in cases for which the law
determines the tax intervention. The opinion must be sent within a maximum
period of twenty days.

ARTICLE 265°- (Decree of proceedings and drawing of the


process).- Once the process has been returned by the prosecutor or when his
intervention is not necessary, the judge or court of cassation will decree orders
for resolution.

ARTICLE 266°- (Appearance of the parties).- The parties may


appear by themselves or by proxy before the judge or court of cassation to
improve in writing or orally the foundations of their defense.

ARTICLE 267°- (Distribution of cases and table).- Weekly and in


accordance with the provisions of article 72 of the Judicial Organization Law,
the distribution of cases will be carried out by lottery, strictly based on their
entry date. This distribution will be made public in the secretariat of each room.

ARTICLE 268°- (Relation).- I.- The minister or rapporteur member


designated in accordance with the preceding article, will present in court the list
of the subject matter of the appeal.

II.- If there are personal parties, they will be informed by


secretary, at least twenty-four hours in advance, on the day on which
the report will be made, in order to be able to attend it and verbally
and succinctly make the clarifications they deem appropriate, after
which they must leave so that the court can proceed to deliberate.

ARTICLE 269°- (Power of the members of the court of


cassation).- The ministers, members or co-judges who attend the hearing of a
case may request clarifications, read the pieces of the process that they deem
necessary and even hand over the process to obtain information. personally for
a period of three days.

ARTICLE 270°- (Draft resolution).- Once the report of the case is


concluded, the minister or rapporteur member will present the draft resolution
for the consideration of the court.

ARTICLE 271°- (Forms of resolution).- The court or judge of


cassation will resolve the appeal in one of the following ways:
1) Declaring it inadmissible.

2) Declaring it unfounded.

3) Canceling works, with or without replacement.

4) Marrying the sight car.

ARTICLE 272°- (Inadmissible appeal).- The appeal will be declared


inadmissible, with costs:

1) In the cases provided for by article 262, with a warning to the


court or appellate judge for not having complied with the
mandate of said article.

2) When the appellant has not complied with the mandate of


paragraph 2 of article 258.

3) When the appellant has not intervened in the instances or lacks


legal representation.

ARTICLE 273°- (Unfounded appeal).- The appeal will be declared


unfounded, with costs, when the judge or court of cassation does not find that
the law or laws accused in the appeal for annulment have been violated.

ARTICLE 274°- (Cassation).- I.- The court or judge will annul the
appealed sentence or order that violates the law or laws accused in the appeal,
and in this case will rule on the main part of the litigation, applying the violated
laws and condemning responsible for a fine to the offending judge or court,
unless I find the error excusable.

II.- The cassation can be partial or total.

ARTICLE 275°- (Annulment).- The process will be annulled by


restoring it to the oldest defect in cases 1, 2, 3, 6 and 7 of article 254; and will
be plainly annulled in cases 4 and 5 of the same article. When the annulment is
declared, a fine will be imposed on the offending judge or court, except in the
exceptional case of justified excuse.

ARTICLE 276°- (Explanation or complementation).- The provisions


of article 196, paragraph 2 will be applicable to the resolutions issued in an
appeal.

CHAPTER VIII

VOTES FOR RESOLUTIONS

ARTICLE 277°- (Number of votes).- The necessary number of votes


in the Superior Courts and the Supreme Court for there to be a resolution is that
indicated by the Judicial Organization Law, with the exception contained in the
following article of this Code .

ARTICLE 278°- (Cassation in the Courts).- In cases in which the


Supreme Court of Justice, in any of its chambers, annuls a resolution for having
violated an express and strict law, three votes in agreement will be required.
The same number of votes will be required in cases of cassation before the
Superior Courts whose chambers are made up of three or more members.

ARTICLE 279°- (Cases of discord and calling of co-judges).- In


cases of discord and in which there is not a sufficient number of votes to form a
resolution, the ministers and members of another room will be called in turn,
and in their case, also in turn, to the co-judges, who will cast their vote after the
dissenting ones. The call to co-judges will be void if, before appearing, they
have agreed among themselves on the dissenting votes.

ARTICLE 280°- (Dissident votes).- The votes of the dissident


ministers, members or co-judges will be recorded in the resolution but without
substantial mention of said votes. However, dissidents may request that their
vote be transcribed in the respective book, its publication not being prohibited.

ARTICLE 281°- (Explanation or complementation).- The


explanations or complementations that are requested will be resolved by the
same ministers, members and co-judges who voted in the case, even if they
have ceased their duties.

ARTICLE 282°- (Votes for nullity or inadmissibility).- The minister,


member or co-judge who has voted for the annulment or reinstatement of the
process or for the inadmissibility of the appeal. They will have the duty to cast
their vote on the main content of the dispute, if the court, with a legal majority,
decides to enter into the merits.
CHAPTER IX

COMPULSE

ARTICLE 283°- (Procedure).- The appeal for compulsation is


appropriate in the following cases:

1) Due to improper denial of the appeal.

2) Because the appeal was granted only in return effect,


It should be in the suspension.

3) Due to improper denial of the appeal.

ARTICLE 284°- (Filing and substantiation).- The appeal for


compulsation must be filed before the judge or immediately superior court,
which will substantiate it in accordance with the provisions that follow.

ARTICLE 285°- (Superior and inferior with seat in the same


place).- I.- If the appeal for compulsion is filed against a judge or court with seat
in the same place as that of the superior in degree, the litigant will appear
before him within of the fatal period of three days computeable from the time he
was notified with the refusal, refuting the grounds that the inferior had.

II.- The superior will immediately decree that the process be elevated
in the
day, as long as it is not the execution of a sentence; and will resolve
the appeal immediately and without any procedure.

ARTICLE 286°- (Declaration of legality).- If the superior declares


the appeal to be legal, in any of the cases provided for in article 283, he will
arrange for the filing of the process for the subsequent procedures. However, if
the appeal has been unduly denied in the return effect, it will order the
immediate return of the file to the lower person so that he or she can grant it on
the same day and present the legal testimony.

ARTICLE 287°- (Declaration of illegality).- If the certification is


declared illegal, the superior will order the return of the work on the day to the
inferior, so that he can continue with his decisions.
ARTICLE 288°- (Superior and inferior in different seats).- When
the inferior and superior have seats in different places, the litigant will announce
the certification before the same judge or lower court within the third day after
being notified with the author. of refusal, requesting, in the first two cases of
article 283, testimony of the claim, response, sentence or order, written appeal
and order of refusal; and, in the third case of the same article, testimony of the
hearing order and the memorials of the extraordinary appeal for annulment,
response and refusal order. The relevant notification procedures, reports and
certifications that may exist will be inserted in the testimonies.

ARTICLE 289°- (Obligations of the judge or court).- I.- The judge


or court announced by compulsivity may not deny under any pretext the
freedom of the testimony referred to in the preceding article, and will indicate to
the secretary or actuary a reasonable period of time. and non-extendable for its
preparation.

II.- You will be obliged to continue the process procedures while


The compulsory provision will not be presented to you.

ARTICLE 290°- (Record of the delivery of the testimony).- The day


of delivery of the testimony to the certifying party will be recorded by means of a
note placed both in the testimony and in the original file.

ARTICLE 291°- (Compulsory provision).- If the superior in rank


finds that the appeal or cassation appeal has been improperly denied, he will
order the compulsory provision to be issued.

ARTICLE 292°- (Nullity of actions).- If the superior declares the


enforcement legal, everything acted by the inferior since the filing of the appeal
will be null and void.

ARTICLE 293°- (Execution of orders and sentences).- In any


enforcement action raised due to the denial of the appeal or cassation, the
order or sentence will be enforceable when:

1) The applicant will not provide the sealed paper for the testimony
within twenty-four hours from the time he or she has been
notified with the order to release the testimony.

2) The day after the deadline indicated in article 289 has expired
and the testimony has concluded, the certifying party will not
collect it.

3) The compulsory provision will not be presented within the period


of thirty non-extendable days computed from the date of delivery
of the testimony in accordance with article 290.

ARTICLE 294°- (Compulsation before a judge or court of


cassation).- If the judge or court of cassation, in view of the original file or the
testimony, as the case may be, finds the certification founded, he will order to
continue the processing of the appeal of cassation in the first case or will order
the release of the compulsory provision in the second.

ARTICLE 295°- (Inadmissibility of the cassation appeal).- The


cassation appeal against the order that resolves the conviction will be
inadmissible.

ARTICLE 296°- (Costs and fine).- If the warrant is declared illegal,


the warrantor will be sentenced to pay costs and a fine; If it is declared legal, a
fine will be imposed on the inferior.

II.- The assessment of costs, their payment and the fine, are
They will be effective for the lower one.

CHAPTER X

SPECIAL REVIEW OF SENTENCES

ARTICLE 297°- (Provenance).- There will be room for an


extraordinary appeal for review before the Supreme Court of Justice, of a
sentence enforceable in ordinary proceedings, in the following cases:

1) If it has been based on documents declared false by another


enforceable sentence that was issued after the sentence that is
being reviewed.

2) If, having been issued exclusively by virtue of testimonial


evidence, the witnesses had been convicted of false testimony in
the statements that served as the basis for the sentence.
3) If it has been earned unjustly by virtue of bribery, violence or
procedural fraud declared in an enforceable sentence.

4) If, after it has been pronounced, decisive documents detained by


force majeure or by the act of the party in favor of which it was
issued are recovered, after a judgment declaratory of these facts
and executed.

ARTICLE 298°- (Deadline to file the appeal).- I. The appeal for


review may only be filed within the fatal period of one year counting from the
date on which the sentence became enforceable.

II.- If it is submitted after this deadline it will be rejected outright.


However, if by the end of the year the trial aimed at verifying some of
the circumstances indicated in the preceding article has not yet been
resolved, it will be enough for a formal protest to be made to use this
resource within that period, which must be formalized in the fatal
period of thirty days from the execution of the sentence pronounced in
said trial.

ARTICLE 299°- (Admissibility).- The extraordinary appeal for review


will be admissible as long as it meets the following requirements:

1) Presentation of the testimonies of the respective sentences with


certification of their execution.

2) Concrete expression of the cause that will be invoked and the


grounds that will be alleged.

3) Indication of the court where the file in which the contested


sentence was pronounced is located.

4) Presentation of as many copies of the appeal as the parties


involved in the process being reviewed.

ARTICLE 300°- (Procedure).- If the Supreme Court of Justice, in a


plenary session, considers the appeal admissible:

1) It will order the judge of first instance, by means of a summons,


to send the file whose sentence is the subject of the appeal.
2) Depending on the importance of the case, it will determine the
nature and amount of the security that the appellant must
provide within a period of fifteen days from the date on which it
was notified, subject to a warning if the period has expired.

3) It will be sent to the parties so that they respond within the


peremptory period of fifteen days, plus the distance.

4) It will order or deny the precautionary measures that have been


requested.

ARTICLE 301°- (Execution of the sentence whose review is


requested).- The filing of the appeal for review will not suspend the execution
of the contested sentence. The court may, however, in view of the
circumstances and at the request of the appellant, order that the execution be
suspended as long as a result bond is provided.

ARTICLE 302°- (Resolution).- I.- Whether or not there is a response


to the transfer that is decreed in compliance with article 300, section 3, the full
chamber of the Supreme Court of Justice will issue the respective resolution.

II.- If the appeal is declared founded, a new sentence will be issued.


totally or partially canceling or modifying the previous one. If the
appeal is rejected, the appellant will be ordered to pay costs and
damages, if applicable, and the loss of the deposit provided for in
article 300, paragraph 2, or the payment of the amount of the bond
set according to said article in favor of the judicial fund. .

TITLE VI

OF THE EXTRAORDINARY CONCLUSION OF THE PROCESS

CAPITULO I

WITHDRAWAL

ARTICLE 303°- (Withdrawal of the claim).- Before the claim is


answered, the plaintiff may withdraw it and it will be considered as not filed.
ARTICLE 304°- (Withdrawal of the process).- I.- After the claim has
been answered, the plaintiff, or his agent with special authority, may withdraw
from the process.

II .- The letter of withdrawal will be sent to the party


contrary, notifying him personally or by letter, under warning to accept
it if he does not respond within three days.

III .- The defendant may accept the withdrawal plainly or with


the condition that the costs incurred be paid. If the defendant does
not accept the withdrawal, it will be ineffective and the processing of
the case will continue.

ARTICLE 305°- (Withdrawal of the right).- I.- In the same


opportunity and manner provided for in the previous article, the plaintiff may
withdraw from the right on which the action was based. In this case, the consent
of the defendant will not be required, and the judge must limit himself to
examining whether the act is appropriate due to the nature of the disputed right
and ending the process if so.

II .- From now on, no other process may be promoted by object and


equal cause.

ARTICLE 306°- (Inadmissibility of withdrawal).- Those who litigate


on behalf of incapable persons may not withdraw, nor may the Public
Prosecutor's Office when it acts as the main party in the litigation, unless
express law authorizes withdrawal.

ARTICLE 307°- (Withdrawal of appeals and cassation appeals).-


The withdrawal of the appeal will require the express consent and the
enforceability of the appealed sentence; The withdrawal of the appeal will result
in the execution of the hearing order. Any court of appeal or cassation, once the
withdrawal has been presented, will accept it without further processing, with
costs.

ARTICLE 308°- (Withdrawal in third party).- If there is an exclusive


third party, the actor's withdrawal cannot be approved without the consent of
the third party.
CAPITULO II

PERENSION

ARTICLE 309°- (Declaration of peremption).- I.- When in the first


instance the plaintiff abandons his action for six months; The judge, ex officio or
at the request of a party, and without further procedure, will declare the
termination of the instance, with costs.

II.- The period will be computed from the last action.

ARTICLE 310°- (Precautionary measures).- Once the dismissal of


the instance has been declared, the precautionary measures that have been
decreed will be annulled, without prejudice to the appeal that is filed.

ARTICLE 311°- (Effects of termination).- The termination of the


instance will not mean the extinction of the action, and a new lawsuit may be
attempted within the following year. After this period the action will be
extinguished.

ARTICLE 312°- (Extinction of the action).- If peremption is declared


for the second time, the intended right will be deemed to have been
extinguished.

ARTICLE 313°- (Inadmissibility of peremption).- Peremption of the


instance is not applicable in the following cases:

1) After the order for sentencing has been issued.

2) In possession, voluntary and executive processes.

3) In those of suspension of the process by agreement of the parties


and approved by the judge.

CAPITULO III

TRANSACTION

ARTICLE 314°- (Conclusion of litigation by transaction).- All


litigation may end by transaction of the parties, in accordance with the
conditions and requirements established in the Civil Code.

ARTICLE 315°- (Form and procedure).- The parties may enforce


the transaction of the right in dispute by presenting the agreement or signing
the respective minutes before the judge. The court or judge will limit itself to
examining whether the requirements required by law for the validity of the
transaction have been met, and once fulfilled, it will approve it. If approval is
denied, the litigation procedures will continue.

BOOK TWO

OF KNOWLEDGE PROCESSES

TITLE I

GENERAL DISPOSITION

CAPITULO I

CLASSES

ARTICLE 316°- (Ordinary process).- Any contentious matter that is


not subject to special processing will be substantiated and resolved in the
ordinary process.

ARTICLE 317°- (Summary process).- The following will be


processed and decided in a summary process:

1) The small claims proceedings referred to in article 134,


paragraph 1 of the Judicial Organization Law.

2) Those indicated by the Commercial Code and other laws.

ARTICLE 318°- (Summary process).- The matters included in article


146 of the Judicial Organization Law will be processed and decided in a
summary process.
CAPITULO II

PREPARATORY MEASURES

ARTICLE 319°- (Enumeration).- Any process may be prepared by


whoever intends to sue or by whoever, with reason, foresees that he will be
sued, requesting:

1) That the person against whom the lawsuit is proposed to file a


sworn statement on some fact related to his or her personality,
verification without which a trial could not be entered into.

2) The recognition, before the competent judge, of signature on


private documents and papers. The following cases may occur:

a. In the case of a legal entity and when the signatory has


ceased to be its representative or is absent, its replacement
may be requested to declare the effectiveness of the
document.

b. If these are obligations contracted by illiterate people or


those unable to sign, the provisions of articles 1299 and
1300 of the Civil Code will apply.

c. If, legally summoned, the person to whom it is summoned


does not appear, the signature and the effectiveness of the
document will be considered recognized, unless there is an
impediment due to proven force majeure, in which case the
judge will set a new day and time or will be moved. to the
domicile of the location.

3) That the movable thing that is to be the object of the


action.

4) That wills or codicils be exhibited if the applicant


believe heir or legatee.

5) That, in the event of eviction, the titles or other documents


referring to the thing sold be exhibited.
6) That the partner or community member or whoever has the
documents of the company or community in his possession,
exhibit them, so that the applicant can establish an action related
to them or defend himself in a lawsuit brought by a third party,
whether the company has been or not legally dissolved.

7) That a defender be appointed for the presumed absentee who


will be sued, after justifying the absence within the prudential
period established by the judge; that in the same way he be
appointed defender of abandoned property.

8) That if a minor or incapable person has to sue or be sued and


does not have a guardian or the guardian is absent, an ad litem
guardian be appointed.

9) That, with contrary news, early statements be received from


seriously ill witnesses, about to leave the country or of advanced
age.

10) That a judicial inspection of the property or furniture that will be


the subject of the trial be carried out, with or without the
intervention of experts, to verify its condition.

11) That if the alleged defendant is about to leave the Republic, he


establishes a legal domicile in the place where the process
should be initiated, within three days of being summoned with the
request, under a requirement to have the domicile established at
the door of the court or tribunal where The summons will be
issued with the demand.

12) That whoever is to be sued for a claim or other action for which it
is necessary to know the character by virtue of which the thing
that is the object of the lawsuit to be promoted occupies, express
under what title he has it.

13) Let judicial measurement be carried out.

ARTICLE 320°- (Inadmissibility of the exhibition).- The exhibition


will not proceed:
1) Of private documents canceled.

2) Of documents accessible in public archives.

3) Of means of proof that should be exhibited by the holder.

ARTICLE 321°- (Sworn declaration).- In the case of article 319,


paragraph 1, the judge will set the day and time for whoever is to be sued to
take the requested oath. If the person summoned does not attend, it will be
acknowledged, unless he justifies his non-attendance for just cause, in which
case the judge will set a new day and time or will go to the home of the disabled
person.

ARTICLE 322°- (Exhibition of movable thing).- I.- The exhibition of


movable thing will be done in the time, manner and place determined by the
judge taking into account the circumstances.

II .- If the movable thing is exhibited, the actor states that it is the same
as
intends to sue, this fact will be recorded in the respective record,
leaving the thing in the power of the person who exhibited it with the
prevention of keeping it in the same state until the resolution of the
process or decreeing, at the request of a party, its deposit if the
requirements required for the kidnapping to be admissible are met.

III .- The prevention and deposit provided for above will be without
effect, with compensation for damages, if the claim is not filed within
the following twenty days. If the defendant refuses to exhibit, the
plaintiff's statements will be presumed to be true.

ARTICLE 323°- (Refusal to exhibit).- Whoever without just cause


refuses the exhibition referred to in paragraphs 3, 4, 5 and 6 of article 319 will
be responsible for damages, which may be claimed together with the main
demand.

ARTICLE 324°- (Advance declaration of witnesses).- I.- The


advance declaration of witnesses provided for in section 9 of article 319, may
be received even after the trial has been formalized and before the trial period
opens, with day authorization. and hours. The advance declaration will have the
same value as the one received within the probationary period without the need
for ratification. It is left to the judge's discretion to appreciate the circumstances
in each of these cases.

II .- The impeachment of these witnesses will be formulated and proven


during the
test term.

ARTICLE 325°- (Requirements of the request and resolution).- I.-


In the request for preparatory measures, the name of the future opposing party
will be indicated, its address if known and the grounds for the request.

III .- The judge will grant the request if he considers the causes in
question to be fair.
that it be founded, denying it otherwise. The resolution will be
appealable, without further appeal, only when the request is denied.

ARTICLE 326°- (Summonation).- Any diligence requested as a


preparatory action will be carried out precisely with a summons from the party
against whom the action is to be directed, under penalty of nullity.

TITLE II

OF THE ORDINARY PROCESS

CHAPTER I

DEMAND

ARTICLE 327°- (Form of the claim).- The claim, except in the


summary process, will be deduced in writing and will contain.

1) The indication of the judge or court before whom it is filed.

2) The sum or synthesis of the action that is deduced.

3) The name, address and general information of the plaintiff or the legal
representative if it is a legal entity.

4) The name, address and general laws of the defendant. If it is a legal


entity, the indication of who the legal representative is.
5) The thing demanded, designating it with complete accuracy.

6) The facts on which it will be based, stated with clarity and precision.

7) The law, succinctly stated.

8) The amount, when its estimation is possible.

9) The request in clear and positive terms.

ARTICLE 328°- (Plurality of petitions).- In a lawsuit, all actions that


are not contrary to each other and belong to the jurisdiction of the same judge
may be raised.

ARTICLE 329°- (Claim for a legal entity).- The lawsuit initiated by a


legal entity must be accompanied by the document that demonstrates the legal
status of the representative.

ARTICLE 330°- (Documentary evidence).- With the claim,


counterclaim and answer of both, the documentary evidence that is in the
possession of the parties must be accompanied. If they do not have it at their
disposal, they will individualize it, indicating the content, place, file, and public
office or person in whose possession it is found.

ARTICLE 331°- (Later documents, or unknown previous ones).-


After the lawsuit has been filed, only documents of a later date will be admitted,
or, being earlier, under oath of not having previously had knowledge of them. In
such cases, transfer will be made to the other party for the purposes of article
346, paragraph 2.

ARTICLE 332°- (Modification and extension of the claim).- The


plaintiff may modify or extend the claim only until before the response, in which
case the period for this will be computed from the moment the modification or
extension is notified.

ARTICLE 333°- (Defective claim).- When the claim does not


conform to the established rules, the judge may order ex officio that the defects
be corrected within the reasonable period of time established and under the
warning that if they are not corrected it will be considered not presented.
ARTICLE 334°- (Admission of the claim).- Once the claim is
presented in the prescribed form, the judge will transfer it to the defendant,
ordering its summons and summons in the manner provided for in Book I, Title
III, Chapter VI, Section I. , to appear and answer within the limits of the law.

CHAPTER II

EXCEPTIONS

ARTICLE 335°- (Kinds of exceptions).- The exceptions that the


defendant may raise will be prior and peremptory.

ARTICLE 336°- (Prior exceptions).- The prior exceptions are:

1) Incompetence.

2) Incapacity or impersonation of the plaintiff or defendant, or their


representatives.

3) Lis pendens. In this case the new process will be added to the
previous one. Whenever there is object identity. The greater
jurisdiction will drag the lesser.

4) Obscurity, contradiction or imprecision in the claim.

5) Prior summons to the eviction guarantor.

6) Lawsuit filed before the expiration of the term or the fulfillment of


the condition.

7) Juged thing.

8) Transaction.

9) Prescription, when it can be resolved as a matter of pure law.

10) Conciliation.

11) Withdrawal of the right.


ARTICLE 337°- (Mode of raising them).- The previous exceptions
must be raised all together within five calendar days from the summons with the
demand and before the response.

ARTICLE 338°- (Procedure and resolution).- I. Once the exception


or previous exceptions have been raised, the plaintiff will be sent to respond
within five calendar days from the notification, if they are included in sections 1
to 6 of article 336 and within fifteen days if the exceptions are included in the
sections 7 to 11.

11. Once the corresponding period has expired, whether or not there is
a response, the
The judge will issue a resolution within three days. The resolution that
declares the exceptions provided for in paragraphs 7, 8, 9, 10 and 11
of the same article proven will have the character of a ruling.

ARTICLE 339°- (Appeal).- Against the resolution that declares any of


the exceptions contained in sections 7 to 11 of article 336 proven, the appeal
will proceed with suspensive effect. In other cases, the aforementioned article
will proceed only in the return process.

ARTICLE 340°- (Requirements for the admission of exceptions).-


Exceptions will not be processed:

1) If the lis pendens is not accompanied by the testimony of the


statement of claim in the pending trial.

2) If the res judicata is not accompanied by testimony of the


respective sentence.

3) If the transaction, conciliation and withdrawal of rights are not


accompanied by the instruments or testimonies that prove them.

ARTICLE 341°- (Interruption of deadline).- The opposition of


previous exceptions will not suspend the deadline to answer the claim, except
in the cases of sections 7 to 11 of article 336.

ARTICLE 342°- (Peremptory exceptions).- When answering the


claim, the defendant may raise all the exceptions that may be invoked against
the claims of the plaintiff, including those indicated in sections 7 to 11 of article
336 when they have not been raised as prior. .

ARTICLE 343°- (Resolution).- I. Peremptory exceptions will be


resolved in the sentence.

II. When the judge finds a peremptory exception proven


He will not have the obligation to resolve the other proposals or
allegations, but the superior in grade, upon hearing the appeal, may
review and rule ex officio on the other objections if he finds the first to
be disproved.

ARTICLE 344°- (Exceptions in execution of sentence).- In


execution of sentence, only supervening peremptory exceptions based on pre-
constituted documents may be opposed.

CAPITULO III

REPLY

ARTICLE 345°- (Deadline).- The defendant must respond to the


claim within a period of fifteen days, with the corresponding extension due to
the distance.

ARTICLE 346°- (Content and requirements of the answer).- In the


answer the defendant, in addition to opposing the exceptions provided for by
article 342, must:

1) Recognize or deny explicitly and clearly the facts stated in the


complaint.

2) Rule on the documents accompanied or cited in the application.


Their silence, evasion or merely general refusal may be
considered recognition of the truth of the facts to which said
documents refer.

3) State clearly and precisely the facts that you will allege as the
basis of your defense.

4) Comply with the requirements established in article 327 in


everything that is applicable.
ARTICLE 347°- (Confession of the defendant).- If the defendant
clearly and positively confesses the claim, the judge will pronounce a sentence
without the need for other evidence or procedure. If a part is confessed, only
this part will be considered proven, and the process must continue on the other
points claimed.

CAPITULO IV

COUNTERCLAIM

ARTICLE 348°- (Opportunity to counterclaim).- In the same written


response, the defendant may deduce a counterclaim in the manner prescribed
for the claim. Outside of this opportunity you will not be able to deduct it, leaving
your right to assert it in a different process.

ARTICLE 349°- (Admissibility).- The counterclaim will only be


admissible in ordinary proceedings and whenever it corresponds, due to the
matter, to the jurisdiction of the judge hearing the claim, although due to the
amount it should be heard before a lower judge.

ARTICLE 350°- (Modification and extension of the counterclaim).-


The defendant may modify or extend his counterclaim only before it is
answered; In such a case, the period for the plaintiff to respond will run from the
date he is summoned with the extension.

ARTICLE 351°- (Transfer).- I. Once the counterclaim is raised, or


documents are presented by the counterclaimant, it will be sent to the plaintiff
who must respond, observing the rules established for responding to the
complaint.

II. The provisions of article 331 for the


counterclaimant defendant.

ARTICLE 352°- (Procedure and resolution).- The counterclaim will


be substantiated and resolved jointly with the main claim.

ARTICLE 353°- (Procedural relationship).- Once the documents of


claim, counterclaim and response of both have been presented, the procedural
relationship will be established and cannot be modified later.
ARTICLE 354°- (Classification of the process as ordinary in fact
or law).- I. With the written response to the claim or counterclaim where
appropriate, or in default, the judge will open a trial period whenever
contradictory facts have been alleged that should be approved.

III. If it results from pure law, new transfers will be made by


your order, which must be answered within a period of ten days,
unless they are waived by the parties.

IV. Once these requirements have been met, the process will be
concluded.
orders must be issued for sentencing.

CHAPTER V

THIRD PARTY

ARTICLE 355°- (Classes).- Third parties may be adjuvant, exclusive


and preferential.

ARTICLE 356°- (Foundation).- The third party must base its


intervention on its own interest and on a positive right of certain existence, even
if its exercise is pending a deadline and condition.

ARTICLE 357°- (Adjuvant third party).- The intervening third party


will be deemed to be the same person with the main litigant and must take the
case in the state in which it is located; He may not reverse or suspend its
course, nor allege or prove what is prohibited to the principal because the term
has passed or for any other reason.

ARTICLE 358°- (Exclusive third party within the ordinary


process).- I. The third party opponent in ordinary proceedings will be granted in
factual causes and only in the first instance, a period of proof of ten to twenty
days that will be common to the parties.

II. If the third party is presented before the expiration of the term
probative in the main, it will be substantiated without interrupting this
period, expired which can continue the additional up to
complement it.
III. If the third party is presented after the expiration of the
evidence in the main or second instance, will be substantiated by
pure law.

ARTICLE 359°- (Exclusive third party in second instance).- Any


exclusive third party filed in second instance will be processed in the manner
indicated in paragraph III of the preceding article. To be admitted, it must be
accompanied precisely by a recognized public or private document that
demonstrates ownership over the property or personal property subject to
registration duly registered in the corresponding division prior to the registration
of the embargo or title against which it is opposed.

ARTICLE 360°- (Third party in execution of sentence).- I. In


execution of the sentence, only the exclusive third party will proceed. The
incident will be processed as a matter of law.

II. The third party, in addition to proving, in the manner provided by


the
preceding article, your right and ownership over the seized assets,
must accompany the demand, a judicial bank deposit for the value of
five percent of the base on which the auction is to be carried out.

III. If the third party is declared proven, the deposit will be returned;
Yeah
If it is declared unproven, it will be consolidated in favor of the judicial
fund.

ARTICLE 361°- (Third parties on movable property not subject to


registration).- Third parties on movable property not subject to registration may
only be proven by documentation.

ARTICLE 362°- (Third parties with preferential rights).- I. Within


the same process, only up to two third parties with preferential right to payment
may be proposed.

II. The third party must accompany its claim with the documents
that demonstrate the priority of the registration of their rights over the
seized assets.

III. This third party will not suspend the auction.


ARTICLE 363°- (Opportunity).- Third parties of exclusive ownership
over real estate or personal property subject to registration may be filed until
before the order approving the auction is issued. Those of furniture not subject
to registration, until the auction. Preferably, even before payment to the
performer.

ARTICLE 364°- (Procedure and resolution).- I. Once a third party is


presented, the judge will transfer it to the plaintiff and the defendant, who will be
notified personally or by document at the address that appears in the file.

II. In all cases in which the third party should be processed as


incident of pure law, the judge will issue a resolution within the third
day of the last notification referred to in the previous paragraph,
without waiting for the transfer to be responded to.

III. If the exclusive third party is declared proven, the


immediate release of the property, with the plaintiff being able to
extend the execution on the other assets of the debtor or on those of
his guarantor.

IV. If the third party payment preference is declared proven, this


It will be made effective with the auction value.

V. In other cases, the third party will be resolved in a judgment.

ARTICLE 365°- (Inadmissibility of the third party).- No third party


will be admissible in an appeal.

ARTICLE 366°- (Effects of resolutions).- I.- Only resolutions


decided by third parties filed within the ordinary processes and in the first
instance will be enforceable and will have the value of res judicata.

II. The resolutions of the third parties filed in the second


instance, in the execution of a sentence or in an executive process,
they will not have the value of res judicata and may be annulled or
modified by another ordinary process that must be formalized within
the fatal period of thirty days from the execution of the order that
rejects the third party.

ARTICLE 367°- (Costs).- I. In the resolution that declares the third


party disproved, the third party will be ordered to pay costs.

II. In which I declare proven the third party will be ordered to pay
costs
to the main plaintiff or executor.

ARTICLE 368°- (Collusion).- If it becomes evident that the third party


acts in collusion with the defendant, the judge will order that criminal records be
passed to the judge for the respective prosecution, without prejudice to the fact
that both those parties and their lawyers will be impose disciplinary sanctions
for acting against the duties of loyalty, good faith and probity.

ARTICLE 369°- (Power of the third party).- The third party, at any
time until before the auction is approved, may obtain the release of the property
by paying the capital, interest and costs in case of not having proven that the
seized property belongs to it.

CHAPTER VI

PROOF

SECTION I

GENERAL PRINCIPLES

ARTICLE 370°- (Opening of the trial period).- Whenever there are


facts to be proven, but without agreement between the parties, the judge, even
if they do not request it, will open a trial period of no less than ten days nor
more than fifty. depending on the process in question. This order will be final.

ARTICLE 371°- (Setting of the points of fact to be proven).- When


the case is put to proof, the judge will establish, in an express order and in a
precise manner, the points of fact to be proven. This order may be objected to
by the parties within the third day and will give rise to a prior and immediate
ruling. It may be appealed in return effect without further appeal.

ARTICLE 372°- (Closing of the trial period).- The trial period may
be closed before its expiration if all the tests have been completed or the parties
waive the pending ones.
ARTICLE 373°- (Means of proof in general).- All legal means as
well as those morally legitimate, although not specified in this Code, will be able
to prove the truth of the facts on which the action or defense is based.

ARTICLE 374°- (Legal means of proof).- The following are legal


means of proof:

1) Documents.

2) The confession.

3) The judicial inspection.

4) The expertise.

5) The witnessing.

6) The presumptions.

ARTICLE 375°- (Burden of proof).- The burden of proof falls on:

1) To the actor regarding the fact constituting his right

2) To the defendant regarding the existence of the impeding act,


modifying or extinguishing the actor's right.

ARTICLE 376°- (Relevance and admissibility of the evidence).-


The evidence must adhere to the factual points established by the judge. Those
that are not relevant will be rejected ex officio.

ARTICLE 377°- (Opportunity to prove).- The parties will produce


their evidence within the period set by the judge; Outside this period they will be
rejected ex officio, except for those pre-constituted and those included in article
331.

ARTICLE 378°- (Power of the judge).- The judge, within the


evidentiary period or even before the sentence, may order ex officio statements
from witnesses, expert opinions, visual inspections and all the evidence that he
deems necessary and pertinent.
ARTICLE 379°- (Proposition of evidence).- The parties will propose
their evidence in writing within the first five days of the notification with the order
that will establish the facts to be proven.

ARTICLE 380°- (Ways of proposing evidence).- The written


proposal of evidence will contain:

1) The fact that is to be demonstrated, with an indication of the


means of proof that will be offered.

2) The request to summon the adversary, attaching the


interrogation in a sealed envelope, if the intention is to provoke
his confession.

3) The list of witnesses with names and surnames, marital status,


profession, trade or usual occupation, place of work, house or
place of residence.

If due to the circumstances of the case it is impossible for the


party to know any of this information, it will be enough to indicate
what is necessary to be able to identify the witness without delay
and obtain his or her summons. The interrogation may be
reserved by the parties until the hearing in which the witnesses
must appear.

4) Data relating to the expert, including name and surname,


professional registration number, place of work, street and house
number or location of residence.

5) The request for the commission, if the evidence must be


produced in a place other than the seat of the judge or outside
the Republic.

ARTICLE 381°- (Admission and relevance of the proposal of


evidence).- Within twenty-four hours of receiving the proposal of evidence, the
judge will admit it with notice of the parties. Proposals that do not comply with
the requirements set out in the preceding article or deviate from the order that
established the facts to be proven will be rejected.

ARTICLE 382°- (Objection to the proposal of evidence).- I.- The


person notified with the proposed evidence according to article 380 may object
to it within the third day:

1) Because the proposed evidence is not found in accordance with


the facts established by the judge.

2) Because there are legal obstacles in the evidentiary means


offered.

II .- The first case will give rise to a prior resolution by the judge,
resolution that may be appealed in return effect, without further
appeal.

III .- In the second case, the notified person will protest to prove
jointly with the main case the legal obstacles that will be opposed to
the contrary evidence, but it must precisely and explicitly point out
these obstacles, which will be resolved in a ruling.

ARTICLE 383°- (Continuity of the trial period).- The trial period will
not be suspended due to any incident or appeal.

ARTICLE 384°- (Test notebooks).- Separate notebooks will be


formed with the evidence of each part, which will be added to the file at the
expiration of the trial period.

ARTICLE 385°- (Reception of evidence abroad).- If the evidence


must be produced outside the Republic, the judge will commission the
corresponding judicial authority, provided that any of the following
circumstances are presented:

1) That the fact to be proven had occurred outside the Republic.

2) That the files or offices that contain the documents are located
abroad.

3) That the person who must declare resides abroad.

ARTICLE 386°- (Extraordinary period of evidence).- For the case


provided for in the preceding article, the judge will set an extraordinary and non-
extendable period, according to the distance and means of transportation,
which may not exceed sixty one hundred and twenty days. depending on
whether or not it is a neighboring country. The resolution granting the
extraordinary period will be unappealable; Anyone who denies the deadline will
be appealable in return effect, without further appeal.

ARTICLE 387°- (Evidence pending).- If the extraordinary period has


elapsed without presenting the proceedings of the commission provided for by
the preceding article, the judge may issue a sentence. If the evidence has been
produced within the extraordinary period, it may be added to the file at the time
of filing the appeal or in the second instance.

ARTICLE 388°- (Computation of the extraordinary period).- The


extraordinary period of proof will run together with the ordinary period and will
begin to be computed from the day following the resolution that granted it.

ARTICLE 389°- (Evidence outside the jurisdiction of the judge).-


When the evidence must be produced in another jurisdiction, the judge may
travel to receive it or commission its reception to the judges of the respective
localities and, in their absence, to a administrative authority, granting, where
appropriate, the term of the distance in accordance with article 146.

ARTICLE 390°- (Reception of evidence).- I.- The reception of


evidence will be done within the period granted by the judge, in public hearings,
after summoning the parties, for which purpose the day and time will be
indicated ex officio. within the third day after the deadline for objections has
expired.

II.- The documentary evidence will be governed by the provisions of


the
articles 330 and 331.

ARTICLE 391°- (Discipline at the hearing).- During the hearings the


parties, their lawyers and other attendees will maintain correct behavior. Any
act of disrespect or disobedience will give rise, without any recourse, to a
reprimand and, where appropriate, to the sanction of arrest of the offender for
the time indicated by the judge, not exceeding forty-eight hours, all of this
without prejudice to the criminal action that may proceed. .

ARTICLE 392°- (Concentration of reception).- If the designated


hearing is not sufficient to conclude the reception of the evidence, the judge will
appoint a new day and time, without the need for other notification to the
parties, experts or witnesses, who They will be obliged to attend, under the
sanctions of the law. Between one hearing and another there will not be an
interval greater than two business days, under the responsibility of the judge.

ARTICLE 393°- (Non-attendance at the hearing).- I.- The non-


attendance of one or both parties, or their lawyers will not suspend the hearing.

II.- The absent party will lose his right to question the
examined witness, as well as to request clarifications, explanations or
complements to the expert reports that have been provided at the
hearing.

ARTICLE 394°- (Conclusion of the trial period).- I.- Once the trial
period has expired or in the case of article 372, the judge, without the need for
any management, will order the trial notebooks to be added to the file and
delivered to the lawyers. of the parties, in their order, for a period of eight days
each, to present, if they deem appropriate, their conclusions. Those acting
under common representation will be considered as a single party.

II.- If the file is not returned within the established period, the judge
following a report issued ex officio by the secretary, he will order his
return under duress, the party losing its right to present conclusions.

ARTICLE 395°- (Decree of orders).- After the deadlines indicated in


the preceding article, the judge, with or without the conclusions of the parties,
will decree orders for the sentence within the subsequent forty-eight hours.

ARTICLE 396°- (Effects of the decree of the proceedings).- Once


the order of the proceedings has been issued, all discussion will be closed and
no writings may be presented or evidence produced, except if the judge uses
the power conferred in article 378.

In this case, the period for issuing a ruling will be suspended for the days
required to produce the evidence.

ARTICLE 397°- (Assessment of the evidence).- I.- The evidence


produced in the case will be evaluated by the judge according to the evaluation
granted to them by law; but if this does not determine otherwise, you may
appreciate them according to your prudent criteria or sound criticism.
II.- The judge will have the obligation to evaluate the evidence in the
sentence
essential and decisive.

SECTION II

DOCUMENTARY EVIDENCE

ARTICLE 398°- (Provenance).- Whenever the law requires written


proof or the nature of the facts requires it, the parties will be obliged to present
documents.

ARTICLE 399°- (Authentic document).- I.- Every public document is


considered authentic until the contrary is proven.

II.- A private document will also be considered authentic in the


following cases:

1) When it has been expressly judicially recognized or declared as


such by the judge.

2) When the signature has been denied, it is declared authentic by


an enforceable judicial resolution.

3) When it has been registered with the legal formalities of the case
in the public registry at the request of the party against whom it
is opposed.

4) When it has been presented in the process claiming to have


been signed or to have been handwritten by the party against
whom it is opposed, and it has not been opportunely labeled as
false.

III.- The authenticity of commercial books and documents is


will be governed by the provisions of the Commercial Code.

ARTICLE 400°- (Probatory value of testimonies).- The testimonies


will have the same probative value as the original, in the following cases:

1) When they have been authorized by the notary or other public


official in charge of whom the original is found.

2) The testimonies may consist of mechanical reproductions of the


original document as long as they are duly authenticated by the
official holding said original, and are granted by court order or
competent authority.

ARTICLE 401°- (Indivisibility and evidentiary scope of the


document).- The evidentiary effectiveness that results from public or private
documents will be indivisible and will include even those merely stated,
provided that it has a direct relationship with the provisions of the act or
contract.

ARTICLE 402°- (Documents in Spanish or other language). I.- The


documents must be presented in Spanish.

II.- Documents submitted in another language must


be accompanied by the corresponding translation into Spanish. If the
party against whom they are opposing requests an official translation,
it will be ordered in accordance with the law and at the expense of the
requester. If the judge considers it necessary, he may order the
translation and the expenses will be prorated between the parties.

SECTION III

CONFESSION

ARTICLE 403°- (Kinds of confession).- There are two types of


confession: the judicial one, which may be provoked or spontaneous, and the
extra-judicial one.

ARTICLE 404°- (Judicial confession).- I.- A judicial confession will


be the one that a party makes by virtue of an express request and in
accordance with the interrogation of the other party, or ordered by the judge,
with an oath and the formalities established by law. .

II.- It will be spontaneous, what is done in the demand,


answer or in any other act of the process and even in execution of
sentence, without prior interrogation; In the latter case, waiver of the
benefits agreed in said sentence will matter.
ARTICLE 405°- (Personal confession or by agent).- The
confession will be personal; but it may also be done by an agent with special
and explicit notarized power, unless it refers to different facts or is contrary to
the law.

ARTICLE 406°- (Confession of legal entities).- I.- The


representatives, directors or managers of commercial, industrial or any kind of
companies may confess on behalf of their entities.

II.- If they deny their capacity as representatives, they will be obliged


to
demonstrate it and indicate to the person who invests the
representation.

ARTICLE 407°- (Confession of litigation).- The confession of a


litigation will not harm the others.

ARTICLE 408°- (Requirements of confession).- Confession will


require:

1) The confessor must have the capacity to do so and dispositive


power over the right that will result from what is confessed.

2) Discuss facts that produce legal consequences adverse to the


confessor or favorable to the opposing party.

3) Be express, conscious and free.

4) Discuss personal facts of the confessor or of which he has


knowledge.

5) Be duly proven, if extrajudicial.

ARTICLE 409°- (Effects of express confession).- Express judicial


confession will constitute evidence, except when:

1) This means of proof is excluded by law with respect to the facts


that constitute the object of the process, or affects rights that the
confessor cannot validly renounce or compromise.
2) The investigation of which the law prohibits will fall on facts.

3) Oppose reliable documents of a previous date, already added to


the file.

ARTICLE 410°- (Scope of the confession).- I.- In case of doubt the


confession will be interpreted in favor of the person who makes it.

II.- The confession will be indivisible, except when:

1) The confessor will invoke impeding, modifying or extinct facts, or


absolutely separable or independent from each other.

2) The qualifying circumstances presented by the confessor were


implausible or contrary to a legal presumption.

3) The modalities of the case make divisibility appropriate.

ARTICLE 411°- (Retraction).- The party that defers to confession


may not retract it when the adversary has been notified with the summons and
is ready to absolve it.

ARTICLE 412°- (Opportunity to provoke confession).- Confession


may only be provoked within the trial period.

ARTICLE 413°- (Notification).- I.- The party whose confession is


provoked will be notified by document three days in advance. The document will
include the decree by which the day and time for the reception hearing will be
indicated, with a legal warning in the case of non-appearance.

II .- If the process officer does not find the party in the


address that has been indicated in the process, will deliver the ID to
whoever lives or works at said address; The person who receives the
card must sign the copy of it which will be attached to the file; If you
refuse to sign, an eyewitness will do so; Another copy will also be
placed at the main door of the home, which will be recorded in the
notification procedure.

ARTICLE 414°- (Claim regarding the form of notification).- I.- The


person deferred to confess may complain about the form of notification within
twenty-four hours; Once this period has expired, your right will expire.

III .- Once the claim has been raised in a timely manner, the judge,
prior
report from the investigative officer and transfer to the adverse party,
will resolve the incident.

ARTICLE 415°- (Interrogation).- I.- Whoever provokes the confession must


attach the interrogation in a sealed envelope, which will be opened upon
receipt.

IV.- The questions will be clear and precise, each one will not contain
more than one fact, and they must deal with controversial points
related to the personal actions of the absolvent.

V .- The judge may modify ex officio and without any recourse the
order and
the terms of the questions proposed by the parties, without altering
their meaning. You may also eliminate those that are not related to
the subject of the dispute.

VI .- When the confession must be made before a commissioner, the


The commissioning judge will open the envelope in the presence of
the deferent to rate the questions, and using his or her powers, he or
she will close it again before sending it.

ARTICLE 416°- (Hearing).- Upon prior appointment of the day and


time, the confession will be received in a public hearing to which the parties and
their lawyers may attend. The non-attendance of the client will not suspend the
reception.

ARTICLE 417°- (Formalities prior to reception). I.- Once the


hearing is established, the judge will ask the declarant:

1) Name and surname.

2) Civil status.

3) Profession, trade or habitual occupation.


4) Language.

5) If you read and write.

6) Personal identity card, which must be displayed.

II .- Second act he will take an oath to tell the truth about everything
He will be asked and he will open the interrogation envelope.

ARTICLE 418°- (Minutes).- I.- Minutes of the action will be drawn up,
literally recording the questions and answers in their order, leaving a record that
before closing the minutes the statement was read and whether the confessor
ratified or not in her.

III .- Any amendment, clarification or extension will be saved at the end


of the minutes, which will be signed immediately by the confessor,
judge and secretary.

IV .- The confessor may verbally request a copy of the record and this
will be
will be granted in plain paper by order of the judge.

V .- To guarantee the fidelity of the minutes as well as the speed in the


Actions may use mechanical means, with the advisable safeguards,
in accordance with the provisions of article 103.

ARTICLE 419°- (Powers of the judge at the hearing).- I.- When the
answers are obscure or evasive, the judge may ask other questions; The client,
through his lawyer and with the permission of the judge, may ask for
explanations or clarifications of the confessor's answers.

II .- If the confessor does not know how to speak Spanish, the


interrogation is
will be done through an interpreter provided that the judge does not
speak the language of the deponent.

III .- When the confessor refuses to answer or gives


evasive and irrelevant answers, the judge will admonish you to
respond clearly and explicitly.

ARTICLE 420°- (Designation of interpreter).- In the case of


paragraph II of the preceding article, the judge will be empowered to appoint an
interpreter ex officio at the same reception hearing; If this is not possible
immediately, the hearing will be suspended for a period of no more than three
days to designate the interpreter, and the parties will be notified with the
appointment of the new hearing, which will take place before the suspension of
the event.

ARTICLE 421°- (Requirements to be an interpreter).- The


interpreter must meet the following requirements:

1) Be of age.

2) Have full command of the language spoken by the confessor and


Spanish.

3) Not have any cause of impediment.

4) Take an oath to faithfully translate the declaration.

ARTICLE 422°- (Non-concurrence and new appointment).- If the


person notified to confess proves, within three days following the day in which
he was to appear, that he could not attend the procedure for reasons that the
judge finds justified, a new appointment will be made. day and time for the
effect. This right cannot be used except once. The resolution that accepts the
postponement will not admit any appeal. If, due to the postponement, the
confession is received after the conclusion of the evidentiary period, it will be
deemed to have been acquitted in good time.

ARTICLE 423°- (Request for postponement of the hearing. Its


effects).- In the event that the person summoned to confess is unable to attend
the hearing, he or she will request, in advance of its verification, a
postponement, or that the judge move to the house or premises where said
summoned person will be found. . The judge, finding the request reasonable
and duly justified, may access it.

ARTICLE 424°- (Presumptive confession).- If the person cited does


not appear to testify at the time set for the hearing or, having appeared, refuses
to answer or answers evasively, despite the judge's warning, the judge will
consider it confessed when pronouncing the sentence. appreciating the
circumstances of the case.
ARTICLE 425°- (Prohibition of advice).- The declarant may not be
advised by a lawyer or any other person in the act of confession. However, if at
the request of the declarant the judge considers it essential, he may authorize
the consultation of documents or notes as a memory aid; The consulted papers
will remain attached to the file.

ARTICLE 426°- (Extrajudicial confession). I.- The extrajudicial


confession, made to the interested party or to whoever legally represents him,

It will have the same effect as the judicial one in cases where the evidence of
witnesses is admissible.

II.- The extrajudicial confession made to a third party will constitute a


source
simple presumption.

SECTION IV

JUDICIAL INSPECTION

ARTICLE 427°- (Provenance).- I.- Ex officio or at the request of a party, the


judge or court may order:

1) The judicial recognition of places or things.

2) The attendance of experts and witnesses at said event.

3) The measures provided for in article 439.

II .- When decreeing recognition, it will individualize what must be


constitute its object and will determine the place, date and time in
which it will be carried out.

III .- If there is urgency, notification will be made one day


anticipation.

ARTICLE 428°- (Form of the procedure and expenses).- I.- The


judge or the members of the court determined by him will attend the procedure.
The parties may attend with their representatives and lawyers and make the
pertinent observations, which will be recorded in the minutes.
II .- The non-concurrence of the parties or experts will not suspend the
inspection.

III .- The party that requested the inspection will pay the
expenses that this will cause. If it has been ordered ex officio, the
expenses will be paid pro rata by the parties, unless one or both of
them enjoy the benefit of gratuity, in which case the judicial treasury
will pay its part.

ARTICLE 429°- (Suspension of work and traffic).- When the


inspection is carried out in premises or places with a lot of attendance or
intense traffic or other circumstances mediate to make the diligence difficult, the
judge will order, with the help of the public force if necessary. , unemployment
or suspension of work or transit while the inspection lasts.

SECTION V

EXPERTISE

ARTICLE 430°- (Provenance).- Expert evidence will be admissible


when the appreciation of the disputed facts requires specialized knowledge in
any science, art, industry or technique.

ARTICLE 431°- (Expertise points).- I.- The party that must produce
the expert evidence will establish in the request document the points on which
that evidence will focus.

II .- Upon notification to the adverse party, they may object or


add new points.

III .- The judge will set the points of expertise, and may add others or
eliminate those that you consider inappropriate or superfluous.

ARTICLE 432°- (Designation of experts).- The parties will designate


by common agreement one or two experts, and may leave the designation to
the discretion of the judge. If there is no agreement, they will appoint one per
party; The judge may appoint a third party.

ARTICLE 433°- (Challenge).- Experts appointed ex officio may be


challenged within the third day for any of the causes provided for judges. They
will also be challenged for lack of professional qualifications or for notorious
incompetence in the matter to be determined.

ARTICLE 434°- (Resolution).- The challenge will be resolved


incidentally, without further appeal. If it is proven, the judge will replace the
expert or experts, without further substantiation.

ARTICLE 435°- (Acceptance of the position).- I.- The experts will


personally accept the position, under oath. They will be given, if possible, all the
background information on the issue on which they must rule.

II .- If the expert does not accept the charge, the judge, within the third
day,
will appoint another to replace him, ex officio and without further
formality.

ARTICLE 436°- (Compliance with the position).- I.- The experts


must issue their opinion within the reasonable period of time that the judge will
indicate, which may not exceed the evidentiary period.

III .- The experts will carry out the diligence jointly unless
that they had special reason for the opposite. The parties and their
lawyers may attend and make any observations they deem
appropriate, and must leave when the experts begin deliberating.

ARTICLE 437°- (Removal).- I.- The expert who, after having


accepted the position, resigns without reasonable reason, refuses to give his
opinion or does not present it in a timely manner, will be removed. The judge,
ex officio, will appoint another in his place and will order the first to pay the
expenses of the frustrated proceedings and the damages caused to the parties,
if they claim them. The replaced will lose the right to charge fees.

IV.- The negligence of one of the experts will not excuse the others,
who must carry out the procedures and rule within the deadline.

ARTICLE 438°- (Immediate opinion).- When the object of the expert


diligence is of such a nature that it allows the experts to rule immediately, they
must do so in a hearing or in writing.

ARTICLE 439°- (Plans, scientific examinations and


reconstructions of facts).- I.- The judge, ex officio or at the request of a party,
may order:

1) The execution of plans, photographic, cinematographic or other


reproductions of objects, documents or places using mechanical
means.

2) Scientific exams necessary for the best


clarification of the disputed facts.

3) Reconstructions of events to check whether they were or could


have been carried out in a certain way.

II .- For these purposes, you may order that the experts appear and
witnesses.

ARTICLE 440°- (Delivery of the opinion).- I.- The experts will


deliver their opinion in writing with copies for the parties. Those who agree will
issue a single text signed by all; dissidents may do so separately.

III .- Once the opinion is received, it will be communicated to the parties


and they
They may, within the third day, ask the judge to obtain appropriate
and related clarifications from the experts.

IV .- The judge will grant this request if he considers it founded. His


resolution will be unappealable.

V .- The judge may also call the experts to his office and
ask them verbally or in writing for clarifications of the case.

ARTICLE 441°- (Evidentiary force of the expert opinion).- The


probative force of the expert opinion will be estimated by the judge taking into
consideration the competence of the experts, the uniformity or disagreement of
their opinions, the scientific principles on which they are based, the consistency
of its application with the rules of sound criticism and other evidence and
elements of conviction that the case offers.

ARTICLE 442°- (Scientific or technical reports).- When the expert


opinion requires highly specialized operations or knowledge, the judge, ex
officio or at the request of a party, may request reports from any public or
private entities specialized and authorized in the corresponding knowledge. .

11.- At the request of private entities, the fee that they will receive will
be set.
I will have to perceive.

ARTICLE 443°- (Expenses and fees).- I.- The expenses and fees of
the experts will be borne by the party that requests the expertise. Those of the
experts appointed ex officio will be paid pro rata by the parties.

12.- The fees will be regulated by the judge taking into account
the importance of the work done.

SECTION VI

WITNESSING

ARTICLE 444°- (Witnesses).- Any person over fourteen years of age


may be proposed as a witness and will have the duty to appear and testify, with
the exceptions established by law.

ARTICLE 445°- (Absolute blemishes).- The following may not be


believed as witnesses:

1) Those who suffer from mental derangement.

2) Habitual drunks and those who lack a known honest profession


or occupation.

3) Those who have been convicted of false testimony.

4) The blind and deaf in relation to facts perceptible by sight or


hearing respectively.

ARTICLE 446°- (Relative blemishes).- They may not be believed as


witnesses in proceedings of people to whom they are linked:

1) The relative in a direct line or within the fourth degree of


consanguinity and the related person up to the second degree.
2) The dependent of the party that will present it.

3) Whoever has a direct or indirect interest in the litigation either by


himself or by relationship within the degrees established in
section 1 of this article.

4) The pupils by their guardians and vice versa.

5) Whoever has a pending dispute with the party opposite to his or


her presenter.

6) The close friend of the party that presented him or the manifest
enemy of the adverse party.

ARTICLE 447°- (Value of the marks).- I.- The opposition of a mark


will not prevent receiving the statement of the person proposed as a witness.
But once the blemish is proven, the judge in the sentence will dispense with the
declaration, unless, taking into account the circumstances of the case, he will
not assign the proven fact sufficient gravity to invalidate the declaration.

II.- They may be proven, in addition to the circumstances mentioned


in the previous articles, any other that tends to diminish or destroy the
faith of a witness.

ARTICLE 448°- (Exemption from testifying).- They will be exempt


from attending to testify in the process of their relatives, blood relatives and
affines in straight lines, siblings and spouse.

ARTICLE 449°- (Declaration by report).- I.- The President and the


Vice President of the Republic, Ministers of State, Ministers of the Supreme
Court of Justice, Attorney General of the Republic, Presidents of the Chambers
of Senators and Deputies , Comptroller General of the Republic, Commanders
in Chief of the Armed Forces, Force Commanders, Archbishops, Ambassadors
and Plenipotentiary Ministers, will declare in writing with the declaration that
they do so under oath or promise to tell the truth, within the period established
by the judge, it must be understood that it will not exceed five days, if he has
not specifically indicated it.

II.- The party opposite to the one offered by the witness may present
a list of questions to include in the interrogation.
ARTICLE 450°- (Declaration at home).- I.- The statements of very
elderly people, who are sick or have a justified impossibility of appearing, in the
opinion of the judge, will be received at the home, if requested. .

II.- In this case, the judge will take the necessary measures to
ensure the normal development of the hearing at the home or
premises where the witness will be, with the assistance of the parties
and their lawyers, if they wish to attend the event.

ARTICLE 451°- (Offer).- When the parties intend to produce


evidence from witnesses, they must adhere to the provisions of article 380,
section 3.

ARTICLE 452°- (Hearing).- I.- The testimonial evidence will be


received in a hearing and efforts will be made to examine all the witnesses
therein.

II.- When the number of witnesses allows us to assume the


If it is impossible to examine everyone on the same date, as many
hearings will be scheduled as necessary.

ARTICLE 453°- (Summoning of witnesses).- I.- Witnesses will be


summoned by document, which must be filled out at least forty-eight hours in
advance and warned of the legal sanctions that their disobedience or false
testimony will give rise to.

II.- Those who have any impediment will let the judge know
until before the hearing.

ARTICLE 454°- (Worker witnesses).- I.- If the witness is a public or


private employee or worker, the judge, at the request of the party, will inform the
competent superior or boss of the summons, to grant him leave without
deduction from his salaries. or salaries.

II.- The person requested may not deny the permit, under the
injunction of
law.

ARTICLE 455°- (Burden of the summons).- When in the document


offering evidence the party does not request that the witness be summoned by
the court, it will be understood that it has assumed the burden of making him
appear at the hearing.

ARTICLE 456°- (Disobedient witness).- The witness who is


summoned does not attend the hearing without justified cause, will be brought
to the presence of the judge by the public force and a fine will be imposed,
taking into consideration the circumstances.

ARTICLE 457°- (Order of statements).- At the hearing the witnesses


will be in a place where they cannot hear the statements of the others. They will
be called successively and separately, alternating as far as possible those of
the plaintiff with those of the defendant, unless the judge, for reasons that he
considers appropriate, orders another order.

ARTICLE 458°- (Oath or promise to tell the truth).- Before


testifying, witnesses will take, according to their convictions, an oath or promise
to tell the truth, and will be informed of the criminal consequences that false
statements will give rise to.

ARTICLE 459°- (Necessary questions).- I.- Even if the parties do


not request it, the witnesses will always be asked:

1) By name, age, status, profession, trade or usual occupation,


place of work and address.

2) If he is related to any of the parties by blood or if he is related,


and to what degree.

3) If you have interest in the lawsuit.

4) If you are a close friend or enemy of any of the parties.

5) If you are a dependent, creditor or debtor of any of the parties or


if you have any other type of relationship with them.

II .- The witness will prove his identity by presenting his


ID or other reliable document.

III .- Although the individual data declared by the witness are not
completely coincide with those that the proposing party has indicated,
their statement will be received if it is undoubtedly the same person
and, due to the circumstances of the case, the opposing party could
not have been misled.

ARTICLE 460°- (Form of the examination).- I.- The judge will freely
question the witnesses about what they know about the disputed facts,
respecting the substance of the proposed interrogations.

II .- The party opposite to the one who offered the witness may request
the
judge to formulate any pertinent questions or clarifications.

III .- The provisions of article 415, paragraph


111.

ARTICLE 461°- (Form of questions).- Each question will not contain


more than one fact, they will be clear and concrete and those that are offensive
or humiliating will not be asked.

ARTICLE 462°- (Refusal to answer).- The witness will not be


obliged to answer the questions:

1) If the response would expose you to criminal prosecution or


compromise your honor.

2) If you cannot respond without violating a professional, military,


scientific, artistic or industrial secret that you are obliged to keep.

ARTICLE 463°- (Form of responses).- I.- The witness will be obliged


to respond clearly and precisely giving reasons for his affirmations or denials,
and otherwise he will be required by the judge after a warning.

II.- When answering you will not be able to read notes or notes, unless
by the
nature of the question will be authorized. In this case, the answers
given in that form will be recorded in the minutes. Nor will you be able
to seek advice from a lawyer.

ARTICLE 464°- (Permanence).- After giving their statement, the


witnesses will remain in the courtroom until the hearing is concluded, unless the
judge orders otherwise.
ARTICLE 465°- (Confrontation).- The judge may order a
confrontation between witnesses or between them and the parties. If due to the
witnesses or parties residing in different places the confrontation becomes
difficult or impossible, the judge may order new separate statements in
accordance with the interrogation that he will formulate.

ARTICLE 466°- (Number of statements).- The judge will receive the


statements of five witnesses proposed by each party, on each of the facts or
substantial points established by him.

ARTICLE 467°- (Substitution of witnesses).- The witnesses


proposed by the parties may be substituted in case of death, absence or
incapacity.

ARTICLE 468°- (False testimony or other crime).- If the statements


show serious indications of false testimony or another crime, the judge may
decree the arrest of the alleged culprits, and refer them to the disposal of the
competent criminal judge, with testimony from the relevant actions.

ARTICLE 469°- (Statement through interpreter).- The witness who


does not speak Spanish may testify in his or her own language. In this case, the
provisions of articles 419, paragraph II, and 420 will be followed.

ARTICLE 470°- (Deaf, mute or deaf-mute witnesses).- An


interpreter will be appointed to interrogate deaf, mute or deaf-mutes who can
only be understood through mimicry or specialized language.

ARTICLE 471°- (Minutes).- A detailed record will be drawn up of


everything that occurred in the hearing in accordance, as pertinent, with article
418.

ARTICLE 472°- (Deadline to cross out).- I.- The interested party


must oppose any impediment or objection before the witness's statement and
within the third day of having been notified with the proposal of the witness
evidence, protesting to prove the objection. . After this period the right to cross
out will expire.

II.- The proof of defect will occur within the evidentiary period
designated for the main thing.
ARTICLE 473°- (Inadmissible strikes).- I.- General strikes will not
be admitted; They must necessarily be concrete.

II.- Testimonial evidence will also be inadmissible to invalidate the


statements of impeachment witnesses.

ARTICLE 474°- (Ineffectiveness of the objection).- When a party


cross-examines the witnesses offered by the adverse party, the objection
proposed against them will be considered withdrawn, unless it is a question of
mere clarifications.

ARTICLE 475°- (Prohibition of testifying by certification or


report).- Any person proposed as a witness must give his or her statement
under oath or promise to tell the truth, and may not testify by certification or
report, except as provided in article 449.

ARTICLE 476°- (Appraisal).- At the time of issuing a final sentence,


the judge, according to the rules of sound criticism, will appreciate the
circumstances and reasons that corroborate or diminish the force of the
witnesses' statements, in accordance with the provisions of book V, title I,
chapter VI of the Civil Code.

SECTION VII

PRESUMPTIONS

ARTICLE 477°- (Presumptions as means of proof).- I.-


Presumptions as means of proof, will be governed by the provisions of book V,
title I, chapter III of the Civil Code.

II.- A single presumption may constitute evidence when, in the opinion


of the
judge has characters of sufficient gravity and precision to form
conviction.

TITLE III

OF SUMMARY AND SUMMARY PROCESSES

CAPITULO I
SUMMARY PROCESS

ARTICLE 478°- (Procedure).- Summary processes, as long as they


do not have a special and own procedure indicated in this Code, will be
processed in accordance with the rules of the present chapter.

ARTICLE 479°- (Complaint and response).- I.- Once the complaint


has been presented in accordance with article 327, a transfer will be made for
the defendant to answer it within the period of five days in the manner indicated
by article 346.

11.- Proof will be accompanied with the demand and response.


documentary, in accordance with article 330, and all others that the
parties try to use will be offered.

ARTICLE 480°- (Counterclaim).- The counterclaim will be admissible


in the event that the claims formulated derive from the same procedural
relationship or are related to those invoked in the claim. The counterclaim will
be transferred for a period of five days.

ARTICLE 481°- (Prior exceptions).- Prior exceptions will be


governed by the same rules of the ordinary process, but must be opposed
together with the response to the claim.

ARTICLE 482°- (Qualification of the process and trial period).-


Once the claim or counterclaim has been answered, the default has been
declared or the previous exceptions have been rejected, if applicable, and if
there are no disputed facts, the judge will declare the matter as pure by order.
right, proceeding in accordance with the provisions of article 354, paragraph II.
If there are disputed facts, the judge will open the trial period, which may not be
longer than twenty days, will set the day and time for the hearing and will set
the points to be proven.

ARTICLE 483°- (Evidence).- In summary proceedings the parties


may offer and produce all evidence that is relevant to their rights, in accordance
with the rules indicated in book II, title II, chapter VI of this Code.

ARTICLE 484°- (Resolution and resources).- I.- Once the


production of the evidence is completed and without the need for arguments, a
sentence will be pronounced within a period of twenty days.
12 .- The sentence will be appealable only in return effect,
except, in the case of a sentence issued in the minor proceedings
referred to in paragraph I of article 317, in which the appeal will have
a suspensive effect.

CAPITULO II

SUMMARY PROCESS

ARTICLE 485°- (Procedure).- I.- In the cases of article 318, when the verbal or
written demand is presented, the judge, taking into account the nature of the
issue and the evidence offered, will resolve ex officio and, as a first ruling, if
your procedure will correspond to the summary process; In this case, it will
indicate the day and time for the hearing, with summons to the parties.

II.- The summary process will be carried out in accordance with


established in the preceding chapter, with the following modifications:

1) Counterclaims and prior exceptions will not be admissible.

2) The defendant will respond to the complaint at a hearing, in


writing or verbally.

3) With or without the response, the judge will immediately open a


trial period of no more than ten days and will establish the factual
points to be proven, setting a hearing for reception.

4) Once the trial period has expired, the judge will, without further
ado, pronounce a final resolution, in a hearing, within a period of
ten days.

5) The sentence will only be appealable, within a period of three


days in return effect, without further appeal.

THIRD BOOK

OF EXECUTION PROCESSES

TITLE I
OF THE EXECUTIVE PROCESS

CHAPTER I

ORIGIN. EXECUTIVE TITLES

ARTICLE 486°- (Provenance).- Executive proceedings will be taken


whenever by virtue of a title that has the force of execution the payment or
fulfillment of an enforceable obligation is demanded from the defaulting debtor.

ARTICLE 487°- (Executive title).- The following are executive titles:

1) Public documents.

2) Private documents recognized or held as such by a competent


judge.

3) Securities and commercial documents that, according to the


Commercial Code or Special Law, have executive force.

4) The accounts approved and recognized by an enforceable


judicial resolution.

5) Credit documents for common expenses in buildings subject to


the legal regime of horizontal property.

6) Credit documents for unpaid receipts in real estate leases.

7) The confession of liquid and demandable debt before the judge


competent to hear the execution;

8) The sentence passed as res judicata when its compliance is


requested after one year of execution.

ARTICLE 488°- (Debts for leasing).- I.- In the case provided for in
paragraph 6 of the preceding article, the unpaid lease receipts and any contract
will be attached to the executive demand.

II.- Likewise, the fiscal stub of receipts of receipts will be attached.


rentals in which the last payment will appear, and on it the signatures
of the lessor and the lessee, which will be recorded in the
presentation charge. Once the summons order has been issued, the
checkbook will be returned to the plaintiff.

ARTICLE 489°- (Ordinary and executive action).- Once the action


has been attempted through ordinary means and the claim has been answered,
it will not be permitted to initiate the executive action.

Art. 490. (SUBSEQUENT ORDINARY PROCESS)

I. What is resolved in the executive process may be modified in


subsequent ordinary process.

II. This process may be promoted by any of the parties once the
sentence has been enforced, within a period of six months. Once
this period has expired, the right to demand a review of the ruling
issued in the executive process will expire.

III. The ordinary process promoted will be processed separately


before a district judge and will not be able to paralyze the
execution of the sentence handed down in the executive
process.”

CHAPTER II

PAYMENT INTIMATION

ARTICLE 491°- (Intimation).- I.- Once the claim is presented, the


judge will carefully examine the executive title, and recognizing his jurisdiction,
the legal status of the parties, the enforceability of the obligation and the
expired term, he will order payment of the amount. owed and interest, or
compliance with the obligation, within the third day, with a warning of costs and
damages, if applicable.

II .- In the case of monetary debts, the amount must be liquid.

III .- At the time of notifying payment, he will issue an order of


embargo on the debtor's assets.
IV . The embargo and any other precautionary measure will be executed before the summons with
the demand to the
executed."

ARTICLE 492°- (Liquid and illiquid debts).- If a claim is filed on


liquid and illiquid amounts, the execution will be followed by the liquid and the
illiquid will be reserved for the knowledge process.

ARTICLE 493°- (Summons to the debtor).- With the summons to


pay, the executed party will be summoned and given a copy of the demand and
the summons, all of which will be recorded in the respective proceedings, under
penalty of nullity.

ARTICLE 494°- (Extension prior to the sentence).- If during the


executive process and before the sentence a new term of the obligation under
which the proceeding is being made expires, the execution may be extended by
that amount, without the procedure goes back, and the procedures that
preceded it are considered common to the extension.

ARTICLE 495°- (Posterior extension of the sentence).- I.- If after


the sentence new deadlines or installments of the obligation under which the
proceeding is being made expire, the execution may be extended and the
debtor must exhibit, Within the third day, the receipts that prove the obligation
has been extinguished, under the warning that the sentence will be extended to
the new expired deadlines and installments.

II .- If the debtor does not exhibit receipts or recognized documents


by the performer, or its authenticity is not summarily proven, the
warning will be effective, without any recourse.

III .- The provisions of this article and the previous one will also govern
executions for collection of rents and common expenses.

ARTICLE 496°- (Execution for debt with mortgage guarantee).


The payment notice will provide for the annotation of the embargo on the
mortgaged property and will order the registrar of Real Rights to report on:

1) Liens that affect the mortgaged property, indicating the amount


of the credits, their owners and addresses.
2) The transfers of the property that have been made since the date
the mortgage was established, with indication of the name and
address of the purchasers.

CHAPTER III

EMBARGO

ARTICLE 497°- (Seizure of assets).- I.- The seizure order provided


for in article 491, paragraph III, will be effective up to the amount sufficient to
cover the amount owed, interest and costs provisionally calculated by the judge.

11.- The seized goods will be placed in the hands of the depositary
appointed by the parties; In the absence of agreement, in the one
designated by the plaintiff, and failing that by the judge, proceeding to
the inventory and relationship of the state of the assets.

ARTICLE 498°- (Exceptions to the seizure).- I.- The creditor may


not demand that the seizure fall on certain assets, with serious prejudice to the
debtor, if there are others available.

12.- If the seized movable property is part of a


commercial or industrial establishment, or those used in the debtor's
home, the debtor may exonerate them from the embargo by
presenting other assets that are not encumbered, or encumbered but
sufficient to cover the claimed credit.

ARTICLE 499°- (Application of analogous standards).- The


standards established in the chapter relating to precautionary measures will be
applicable, as far as they are pertinent.

ARTICLE 500°- (Content of the order).- The seizure order will


contain:

1) Name of the judge.

2) Designation of the court where the process will take place.

3) Name of the performer(s).


4) Name of the executed person(s).

5) Amount owed.

6) Indication of the mortgaged or encumbered asset.

7) Power to search in case of resistance.

8) Obligation to place the seized property in the custody of the


depositary.

9) Requirement or order to law enforcement agents to provide the


necessary assistance in case of resistance.

10) Designation of the executor of the order.

11) Place and date of release.

12) Signature of the judge authorized by the court clerk or clerk.

13) Court seal.

ARTICLE 501°- (Minutes).- I.- Following the seizure order, the


executor thereof will prepare a detailed record stating:

1) The enumerative inventory of the seized assets.

2) Your evaluation if possible.

3) The delivery of the goods to the depositary.

4) The name, address and identity card number of the depositary.

5) The warning given to him to take care of the deposit under his
direct responsibility.

6) If there was a need to search, record it, with the names of those
who had resisted.

II.- The minutes will be signed by the depositary, the executor and, if
applicable,
by the law enforcement agents who provided assistance, and it will be
added to the file within twenty-four hours of the execution of the order.

ARTICLE 502°- (Seizure of real estate and movable property


subject to registration).- When the seizure is to be made effective on real
estate or movable property subject to registration, its annotation in the
respective registry will suffice, which will have the effects of the annotation.
preventive in accordance with the relevant provisions of the Civil Code.

ARTICLE 503°- (Embargo of agricultural goods and products). I.-


When the seizure is to be made effective on agricultural goods and products,
their classified and evaluated inventory will be carried out.

II.- The debtor, from the moment of the embargo, will have the
character
depositary, unless due to circumstances appreciated by the judge,
another depositary is designated.

ARTICLE 504°- (Retention of assets held by third parties).- The


debtor's assets and securities held by third parties can be seized. To this end,
the holder will be notified personally or by document to retain said assets as
depositary.

ARTICLE 505°- (Subsistence of the embargo).- If the execution is


annulled or the judge's incompetence is declared, the embargo placed will
subsist on a preventive basis for fifteen days following the execution of the
resolution. If execution is not restarted within this period, the embargo will
automatically expire, and no claim will be admitted.

ARTICLE 506°- (Extension of the seizure).- I.- If the evaluation of


the seized property or the advance sale establishes that the debt, interest and
costs were not covered, the judge may order the extension of the seizure.

II.- The extension, or new embargo, will also be ordered when


a third party would have been tried.
CHAPTER IV

EXCEPTIONS

ARTICLE 507°- (Admissible exceptions).- In the executive process,


only the exceptions of:

1) Incompetence.

2) Lack of legal capacity in the executioner or in the executed


person, or in their representatives, due to lack of civil capacity to
stand trial or sufficient representation.

3) Lack of executive force.

4) Lis pendens due to the existence of another executive process.

5) Falsehood or inability of the title with which execution is


requested. The first may be based solely on the adulteration of
the document; The second will be limited to the extrinsic forms of
the title, without discussing the legitimacy of the cause. If there
has been express recognition of the signature, the exception of
falsehood will not apply.

6) Prescription.

7) Documented payment.

8) Compensation of liquid credit resulting from a document that has


enforceable force.

9) Documented referral, novation, transaction, conciliation or


compromise.

10) Juged thing.

ARTICLE 508°- (Simple guarantor).- The simple guarantor may


raise as a prior exception the benefit of excussion, order or division, if he has
not waived it.
ARTICLE 509°- (Method and period to oppose them).- I.- The
exceptions indicated in article 507 must be opposed all together, duly
documented in the corresponding cases, within five fatal days from the
summons with the demand and summons order. payment.

II.- All exceptions and incidents will be resolved in a sentence,


except for incompetence, which may be resolved beforehand.

III If the executed person has not established his domicile in the manner provided for in article 101, or does
not appear, his domicile will be the court clerk's office for the purposes of subsequent notifications.

IV . The declaration of default provided for by article 68 and the appointment of


public defender established by article 124 paragraph IV are not applicable in
this process.

ARTICLE 510°- (Procedure).- Opposed, with the conditions provided


for in the preceding article, the exceptions indicated in article 507, the judge will
open the non-extendable evidentiary period of ten days.

CAPITULO V

JUDGMENT

ARTICLE 511°- (Sentence).- I. Once the evidentiary period has expired or


when the executed person has not raised exceptions in accordance with article 509,
the judge, without the need for a request from a party and within the legal period, will
pronounce a sentence with imposition of costs.

11. The appeal proceeds against the sentence and the hearing
order will not admit an appeal.”

ARTICLE 512°- (Costs).- The costs of the executive process will be


paid by the losing party. If the exception of partial payment has been declared
appropriate, only the costs corresponding to the amount admitted in the
sentence will be imposed on the executed person.

CAPITULO VI

THIRD PARTY

ARTICLE 513°- (Origin. Processing and resolution).- I.- In


executive processes, only third parties of exclusive domain and those of right,
preferential in payment, will proceed, which may be presented in the first or
second instance and in execution of the sentence.

II.- In its foundations, procedure and resolution, they will be subject to


what
provided in articles 356, 359, 360, 362, 363, 364, 367, 368 and 369.

TITLE II

OF THE EXECUTION OF SENTENCES

CHAPTER I

EXECUTION OF SENTENCE

ARTICLE 514°- (Judges who must execute sentences).-


Sentences passed under the authority of res judicata will be executed, without
altering or modifying their content, by the first instance judges who have heard
the process.

TITLE II

OF THE CIVIL COACTIVE EXECUTION OF REAL GUARANTEES ON

MORTGAGE AND PLEDGE LOANS

SINGLE CHAPTER

COACTIVE TITLES AND PROCEDURES

ARTICLE 515°- (Authority of res judicata).- The sentences will


receive the authority of res judicata:

1) When the law does not recognize another instance or resource in


the lawsuit.

2) When the parties expressly or tacitly consent to its execution.

ARTICLE 516.- (Term of execution).- I.- If the judge has not set a
deadline for compliance with the sentence, in accordance with article 192,
paragraph 4, it must be executed within the third day.

II.- When due to special circumstances it is impossible to


compliance with the sentence within the period established therein or
in the period provided for in the previous paragraph, the judge may
grant another reasonable and non-extendable period.

ARTICLE 517°- (Coercive execution of sentences).- The execution


of orders and sentences passed under the authority of res judicata may not be
suspended by any ordinary or extraordinary resource, neither that of compel,
nor that of recusal, nor by any request that would tend to delay or prevent the
execution procedure.

ARTICLE 518°- (Resolutions issued in execution of sentence).-


Resolutions issued in execution of sentence may be appealed only with
devolutory effect, without further appeal.

CHAPTER II

WAY OF EXECUTING SENTENCES

ARTICLE 519°- (Lack of liquidity in the condemnation).- I.- If the


sentence that has condemned the payment of fruits, damages and losses, does
not determine the liquid sum owed, the provisions of article 195 will apply,
opening for this purpose, an evidentiary period of no more than twenty days.

II.- The appeal will proceed from the corresponding resolution.


the devolutive effect without further appeal, and the defendant may
request a result bond. It will be left to the prudent discretion of the
judge to grant this request, depending on the circumstances.

ARTICLE 520°- (Condemnation to pay a liquid sum and


obligations to give).- I.- When the sentence condemns the payment of a liquid
and determined sum and the defendant does not comply with it until the third
day of its notification, the seizure will proceed. and seizure of their assets and
then to the auction and auction.

II . In the case of obligations to give something that is in the debtor's assets, an order
will be issued to seize it.
to the obligor and deliver it to the actor, with the assistance, where appropriate, of
the public force.

If execution in kind is impossible, execution will be carried out for the value
of the thing, plus damages that will be settled incidentally.

ARTICLE 521°- (Obligations to do).- I. In the case of obligations to


perform, if the executed party does not comply with them within the period
established by the judge, the performer will carry them out on his own or at the
expense of the performer, in which case the executed party must repay the
expenses incurred by the performer within the period of time. ten days. Once
the same has expired, without the expenses having been covered, the
performer may fall on the debtor's assets.

Also, the creditor, instead of the due benefit, will have the option
of requesting compliance with equivalent damages liquidated
through incidental means.

II. If it is an obligation that cannot be fulfilled by a third party, at the


request of the party, its fulfillment in kind may be pursued, with
the person being executed being ordered to make it effective
within a period of ten days. If he does not do so, the executed
party will be liable to pay the consequential damages, which will
be settled incidentally.

III. If the person sentenced to the granting of a public deed of


transfer of a right and, if applicable, to deliver the thing does not
comply with the obligation within a period of ten days, the judge
will subsidiarily grant the deed and, if appropriate, order the
delivery to be made in the manner established by the paragraph.
II of the previous article.

IV. In all the cases previously provided, the expenses caused to the
creditor will be liquidated incidentally and their collection, after
the liquidation is approved, will be carried out in accordance with
the provisions of article 520 paragraph I.”

ARTICLE 522°- (Obligations not to do).- I. If the sentence


condemns not to do something and the obligor breaks it, the creditor will have
the option of requesting that the things be restored to the state in which they
were, if possible, at the expense of the debtor, or that damages be
compensated in accordance with the preceding article.

II. To ensure compliance with the sentences, the judge, ex officio


or at the request of a party, may apply the compulsory and progressive
pecuniary sanctions referred to in article 184.
III. These pecuniary sanctions will also be applied in case of non-
compliance with the obligations to give and do.”

ARTICLE 523°- (EXECUTION OF PRECAUTIONARY MEASURES)

I. When promoting execution, the creditor may request precautionary measures appropriate
to his right.

II. Any legal act of disposition or constitution of


lien on the asset seized after the realization of the
embargo, it will be ineffective regard to
the
performer. The execution will continue as if such act no longer
existed party request, Judge will order
the
cancellation of the transfer or lien in the corresponding Registry.

III. If it is a transfer, the third-party acquirer may validate it by paying


the executor the obligation pursued and the costs of the process.
If they are encumbrances, these will subsist on the remainder
that remains of the sale price, after the obligation and expenses
of the process have been covered.

IV. The enforceability and therefore the effectiveness of the


embargoes against third parties, as well as the priority among
the embargoes for the collection of their credits, interests and
costs, will be determined by the date of registration if they are
assets subject to registration and by the “certain date of the
documents if they are assets not subject to registration.”

Art. 524. (MONEY AND CREDIT SEIZURED)

I. When the embargo or retention has fallen on a


sum of money, once the sentence is signed or the guarantee of
results referred to in article 550 is given, the creditor will present
the liquidation of capital, interest and costs.
Once the executed person is informed, he or she will be able to
observe it within three days.

Once the liquidation is approved, whether due to the debtor's


agreement or silence or because the judge has rejected the
observations, immediate payment will be made to the creditor of
the resulting amount.

II. When the embargo or retention has fallen on a


credit of the executed, the executor will be empowered, by that
fact alone, to carry out judicial or extrajudicial procedures for its
collection.”

ARTICLE 525°- (Auction of furniture or livestock).- If the seizure


falls on movable property or livestock, the following procedure will be followed:

1) The appraisal will be ordered by an expert appointed by the


judge.

2) Once the appraisal is approved, which must be presented within


three days, the day and time will be set for the sale of the assets
at auction on the basis established in the expert report. The
auction will be carried out by a public auctioneer, or in the
absence of one by a public notary, who will be appointed ex
officio unless there is an agreement between the parties to
propose them.

3) If possible, the delivery of the things deposited to the auctioneer


will be ordered, for the purposes of their exhibition and auction.

4) In the case of movable property subject to registration, a report


on the conditions of ownership and encumbrances will be
required from the respective office.

5) The auction notification order will be ordered to be made known


to the creditors who have their debts registered.

6) The auction of somovientes can be carried out in the same place


where they are located.
ARTICLE 526º.-(AUTHORIZER, NOTICE OF AUCTION AND PUBLICATION)

I. The Superior District Courts will open a registry in which those


who meet the suitability requirements regulated by the Supreme
Court may register as auctioneers.

From said registry, the auctioneer will be drawn who will accept
the position within the third day of notification, unless there is an
agreement between the parties to propose it and it meets
requirements to the satisfaction of the judge.

The auctioneer cannot be challenged; However, the authority


that made the appointment may remove it if serious
circumstances arise.

The act of auction will be carried out by the designated


auctioneer who may not delegate his functions, unless expressly
authorized by the judicial authority. Where there is no auctioneer,
a public notary will perform these functions.

II. The notice of auction will contain the names of the performer,
executed and auctioneer or notary, the assets to be auctioned,
the basis of these and the place of the auction.

III. The notice, at the judge's prudent discretion according to the


importance
economic of the assets, will be published once or twice with an
interval of six days in this case in a press organ, or in the
absence of this it will be broadcast in a radio station or television
medium, national or local, in the same way and with the same
conditions. Where there are no media outlets, the notice will be
posted on the court board and in other places that, in the judge's
opinion, ensure maximum publicity of the auction.

ARTICLE 527°- (Guarantee deposit).- I. Anyone interested in the


auction must deposit twenty percent of the base with the auctioneer, before or
at the time of the auction, by judicial bank deposit, or in a check endorsed to the
order of the judge, or in cash.
II. The deposits of the bidders who did not obtain the
The award will be returned immediately, except in the case
provided for in article 528, paragraph III, and the successful
bidder's deposit will be transferred to a banking entity at the
order of the judge.
III. In places where there is no bank office, the successful bidder's
deposit will remain in the hands of the auctioneer until the judge
determines what is appropriate.

Art. 528. (CONDITIONAL RIGHT)

I. The successful bidder must pay the balance within the third
day.
of the amount corresponding to the awarded good.

As long as you do not pay the balance of the price, you will not
be able to carry out legal acts of disposal of the property or
constitute it as a guarantee for the fulfillment of obligations.

Payment of the price within the deadline will consolidate the


right of the successful bidder, which will take effect retroactively
from the moment of the award.

II. If the successful bidder does not pay the price within the term
indicated, his right will be resolved retroactively until the moment
of the award and he will lose the deposit made, which will be
consolidated in favor of the Judicial Treasury with a discount of
the costs caused to the performer, and the bidder who offered
the immediately lower price may be awarded the good for the
value of your offer, provided that you have not withdrawn your
deposit.

III. The second successful bidder must pay the price within three
days following the expiration of the deadline set by the first
bidder. If you do not pay the price, your right will also be
resolved retroactively and you will lose the deposit in the manner
indicated in the previous paragraph.”

ARTICLE 529°- (Adjudication of securities or shares).- If the


seizure is of securities or shares with official listing on the stock market or stock
exchanges, the creditor may request them in payment at the price they had on
the date of the auction.

ARTICLE 530°- (Delivery of auctioned goods. Obligations of the


auctioneer).- I.- After full payment of the price corresponding to the auctioned
goods, the auctioneer or notary will deliver said goods to the auctioneer with the
corresponding proof, and will deposit the auction amount in the Bank within two
days. of the State at the order of the judge in the case.

II .- The auctioneer or notary will record in the respective book


summary of the procedures carried out and signed by him; Then,
within the aforementioned period, the proceedings will be returned to
the judge in the case.

III .- In places where there is no bank office, the product


of the auction will be deposited in the possession of the legal or
natural person designated by the judge.

ARTICLE 531°- (Payment).- I.- The proceeds of the auction will be


paid by order of the judge to the appropriate person or persons, after a
settlement approved by the judge.

II.- The settlement, which will include capital, interest and costs, must be
presented by the executor within a period of three days from the
approval of the auction. If the executor does not present the
liquidation within that period, the executed person may do so. The
judge will pronounce the corresponding resolution, after transferring it
to the other party.

ARTICLE 532°- (Absence of bidders).- I.- If no bidders appear at


the auction, the auctioneer or notary will return the commission within a period
of twenty-four hours to the judge of the case, who, at the request of the party,
will appoint a new day and time for the auction, with a reduction of twenty-five
percent of the base value, the notice being published only once five days in
advance of the auction.

II .- If there are no interested parties in this other auction either, the


executioner to award the goods for the discounted price, that is, for
seventy-five percent of the initial base, or the auction will be
suspended until another opportunity

ARTICLE 533°- (Real estate auction).- For the real estate auction,
the auctioneer or notary will be designated in the manner provided for in the
relevant part of article 525.
ARTICLE 534°- (Basis for the auction).- I.- The basis for the auction
of real estate will be the amount of its tax valuation.

III .- In the absence of this valuation, an expert will be appointed ex


officio,
engineer or architect, and failing that, a suitable person, to appraise
the assets. The basis for the sale will be the sum established in the
appraisal.

IV .- To accept the position of expert, the period in which you must


issue the report, and if applicable, removal, the rules of articles 435,
436, and 437 will apply.

ARTICLE 535°- (Appraisal procedure).- The appraisal will be made


known to the parties, who within three days may express their agreement or
disagreement and must substantiate their objections; The judge will decide,
definitively setting the amount of the base, without further appeal.

ARTICLE 536°- (Prior measures).- Before ordering the auction, the


judge will require certifications or reports on:

1) Property taxes.

2) Debts for common expenses, if it is an asset subject to the


horizontal property regime.

3) Mortgages or liens that weigh on the property.

4) The certifications referred to in paragraphs 1) and 2) must be


issued by the corresponding party, under responsibility, within a maximum
period of five days, after which, with or without reports, the auction procedures
will continue, which will be recorded in the auction notices.

ARTICLE 537°- (Progressive auction).- If the auction of several


properties has been arranged, the judge may order it to be carried out on
different dates. In this case, the auction(s) will be suspended when the amount
obtained is enough to cover the credit, interest and costs claimed.

ARTICLE 538°- (Guarantee deposit).- In the auction of real estate,


the provisions of article 527 will be applicable.
ARTICLE 539°- (Publications).- I.- The provisions of article 526 will
also be applicable.

II .- If any of the assets are located in other


constituency, a sign will also be posted on the board of the
courthouse or, failing that, on the board of the highest court in the
jurisdiction where the assets are located, and this diligence must be
accredited by the commissioned authority, by means of a certification
issued in the copy of the poster to be returned to the court.

III .- If it is a horizontal property, it must


The amount of the common expenses corresponding to the last
month, as well as the debt for this concept, if possible, must be
indicated in the auction notification order and in the publications.

ARTICLE 540°- (Awarding and address of the successful


bidder).- I.- Once the legal formalities for the auction have been completed and
in the act of its execution, the auctioneer or notary will award the auctioned
property to the highest bidder.

II .- The successful bidder will have the obligation to establish legal


domicile,
in the same act, and if he does not do so, the procedure provided for
in articles 133, 134 and 135 will be followed.

ARTICLE 541°- (Dismissal of the trial).- Once the auction has been
carried out and before its approval, the executed party, or failing that the third
party, may release the auctioned property(s), depositing the amount of capital,
interest and costs.

ARTICLE 542°- (Absence of bidders).- I. If the right of the first


successful bidder is resolved and the second bidder does not make use of the
power conferred on him by paragraph II of article 528, thus also resolving his
right, or if no bidders appear at the auction, the auctioneer will inform within a
period of twenty-four hours to the judge of the case, who, ex officio or at the
request of a party, will appoint a new day and time for the auction, with a
twenty-five percent reduction of the base value.
II. If there is no bidder in the second auction, the creditor may award the property at
eighty percent of the last base.

If the creditor does not use this power, a third auction will be ordered with a reduction of
fifty percent of the original base. If there is no bidder in the third auction, the creditor will be
awarded the property at eighty percent of the final basis.

Unpaid balances may be rescheduled by financial intermediation entities.

III. In all cases in which a new auction is held, the notices will be published
for at least two days, at least in two newspapers of national circulation thirty days in
advance of the auction, inviting the interested party to gather information about the
property to be auctioned.

Art. 543. (DECLARATION OF RESOLUTION)

I. The resolution of the right of the successful bidder will be


declared
by the judge, ex officio or at the request of a party, for the sole
reason of non-payment of the balance of the price. This
resolution will be issued within the following twenty-four hours.

II. Once the right has been resolved, the award made in favor of
the bidder will be considered non-existent, and proceed in
accordance with the provisions of paragraph III of article 528.

ARTICLE 544°- (Nullity of the auction).-

I. The judge may declare the auction null and void due to lack of the publications provided
for in articles 526 and 539.

II. The annulment must be raised within the third day of


the auction has been completed and it will be processed as an
incident.

III. However, nullity does not apply if the act, although


irregular, has achieved the purpose for which it was intended,
unless defenselessness has been caused.”

ARTICLE 545°- (Payment of the price and approval of the


auction).- I.- Within the third day of the auction, the buyer or successful bidder,
upon full payment of the balance corresponding to the price of the auctioned
property, will request approval of the auction.

II .- The judge will approve the auction by order and will order
extends the respective public deed of transfer and the protocolization
of the corresponding actions, without the appearance of the executed
person being necessary.

III .- With payment of the price and approval of the auction, the sale
judicial will be perfected.

ARTICLE 546°- (Purchase on commission).- The commissioned


successful bidder, at the time of doubling the price and requesting approval of
the auction, must indicate the name of his client, and failing that he will be
considered the definitive successful bidder.

ARTICLE 547°- (Payment).- The proceeds of the auction will be paid


in accordance with the provisions of article 531.

ARTICLE 548º.- ( REVIEW OF MEASURES


PRECAUTIONS AND DELIVERY OF THE GOOD )

I. Any precautionary measure that may have been imposed on the


auctioned property will be lifted once the auction is approved.

II. Once the price has been paid, the auctioned property will be
delivered to the successful bidder, thereby issuing a writ of
dispossession, which will be executed with the help of the public
force if necessary. Rights of third parties arising from legal acts
duly registered prior to the seizure or from those documents that
have a certain date may not be altered, and interested parties
may deduce opposition by incidental means within a period of
ten days of notification to the executed person, occupants and
possessors.

ARTICLE 549°- (Commission of the auctioneer or notary).- I. The


commission of the auctioneer or notary will be paid according to the tariff set by
the Supreme Court of Justice and, failing that, by the judge in consideration of
the work performed and the importance of the matter in an amount that may not
be greater than two percent of the value of the thing.

II .- If the auction is permanently suspended or canceled without


fault of the auctioneer or notary, the amount of the commission will be
set by the judge according to the importance of the work performed.
III .- If it is suspended due to the fault of the auctioneer or notary, they
They must pay a fine set by the judge as well as the expenses of the
new action.

IV .- If the auction is annulled due to the fault of the auctioneer or


notary, the
The guilty party will return the amount of the commission that he or
she has received, within the third day of notification of the annulment
resolution, and will pay the financial penalty imposed by the judge.

CAPITULO III

RESULTS BOND

ARTICLE 550°- (Procedure).- In all processes in which the appeal of


a sentence is admissible in the return effect or when the hearing order confirms
a sentence in all its parts, the former or the latter may be executed as long as
the victorious party provides result bond, determined and qualified by the judge
or court, to restore what was collected with fruits and interest in the event of the
sentence being revoked or the hearing order reversed.

ARTICLE 551°- (Cancellation of the results bond).- The results


bond will be cancelled, without the need for an express declaration, once the
sentence or order has become enforceable.

CAPITULO IV

EXECUTION OF SENTENCES GIVEN ABROAD

ARTICLE 552°- (Application of international treaties).- Judgments


and other judicial resolutions issued in a foreign country will have the force in
Bolivia established by the respective treaties.

ARTICLE 553°- (Reciprocity).- If there are no treaties with the nation


where those judicial rulings were pronounced, they will be given the same force
as those pronounced in Bolivia.

ARTICLE 554°- (Lack of reciprocity).- If the resolution comes from a


country where the rulings of the Bolivian courts are not complied with, it will not
have force in Bolivia.
ARTICLE 555°- (Other cases).- In cases in which none of the three
preceding articles can be applied, the resolutions of foreign courts may be
executed if the following requirements are met:

1) That the resolution had been issued as a result of a personal


action or a real action exercised over movable property
transferred to Bolivia during or after the trial processed abroad.

2) That the convicted party, residing in Bolivia, has been legally


summoned.

3) That the obligation object of the process was valid according to


the laws of Bolivia.

4) That the resolution does not contain provisions contrary to the


public order.

5) That it is executed in accordance with the laws


of the country where it was pronounced.

6) That it meets the necessary requirements to be considered a


resolution in the place where it was issued and the conditions of
authenticity required by national law.

7) That it is not incompatible with another pronounced previously or


simultaneously by a Bolivian court.

ARTICLE 556°- (Arbitration).- REPEALED BY LAW 1770 OF 03/10/1997 IN ITS ARTICLE


98, NUMBER 1.
ARTICLE 557°- (Competence).- In all cases referred to in the
preceding articles, the resolution to be executed and the necessary background
information will be presented in duly legalized testimony before the Supreme
Court of Justice.

ARTICLE 558°- (Procedure).- I.- Once the request and testimony


provided for in the preceding article have been presented, the Supreme Court
will summon the party against whom execution is requested and said party may
present what it deems appropriate, within the period of ten days.

II.- With this response or without it, and prior to the tax ruling, the
The court in the full courtroom will declare whether or not the
resolution should be complied with.

ARTICLE 559°- (Term of trial).- If the supreme court deems


necessary, it may open a trial period before resolving, in the manner and for the
time provided for in this Code for incidents.

ARTICLE 560°- (Compliance).- If the supreme court considers that


the resolution must be complied with, it will order such compliance by the court
or judge who would have been responsible for hearing the process in the first
instance if it had been filed in Bolivia.

ARTICLE 561°- (Commissions).- To comply with summons and


summons proceedings requested by foreign judges or courts by means of a
warrant, the exequator of the Supreme Court of Justice will not be necessary,
and the presentation of the duly legalized warrant before the judge of party of
the place where the procedure must be carried out.

FOURTH BOOK

OF SPECIAL PROCESSES

TITLE I

OF THE BANKRUPTCY PROCESS

CAPITULO I

GENERAL DISPOSITION

ARTICLE 562°- (Concept and types of bankruptcy).- Bankruptcy


process will be the one promoted by creditors for the collection of their credits
from a non-merchant debtor, or by the debtor for the payment of their debts. In
the first case it will be called necessary, and in the second voluntary.

ARTICLE 563°- (Universality of the bankruptcy).- Both the


necessary and the voluntary bankruptcy will be universal in nature and will
include all the obligations of the debtor.

ARTICLE 564°- (Immediate effect of bankruptcy proceedings).- I.-


The necessary bankruptcy proceedings will be a consequence of the executive
proceedings initiated against the debtor.

II .- The voluntary bankruptcy will be promoted by the debtor, if there


are
or not pending executive processes.

III .- In both cases they will be accumulated in the court that knows
of the contest all executive processes that take place in another, in
the state in which they are found.

ARTICLE 565°- (Inadmissibility of bankruptcy).- There cannot be a


bankruptcy process if there are at least three creditors.

ARTICLE 566°- (Qualification of documents).- Creditors may


classify documents before the same bankruptcy judge or before a different one.

ARTICLE 567°- (Competence).- All bankruptcy proceedings must be


filed precisely before a district judge, even when the executive process that
serves as cause is pending before an investigative court.

CAPITULO II

COMPETITION NECESSARY

ARTICLE 568°- (Demand and accumulation of processes).- Once


the necessary bankruptcy demand has been initiated, the district judge will
order the accumulation of all executive processes pending in other courts and
the other creditors will be called by edict within a period of fifteen days, in the
manner provided for in articles 125 and 126.

ARTICLE 569°- (Transfer to the bankrupt party).- Once the fifteen


days have expired and the documented requests of the contestants have been
gathered, transfer will be made to the bankrupt party who must respond within a
period of ten days of their legal summons.

ARTICLE 570°- (Auction ruling).- Once the accumulation is ordered,


the case will continue until the auction and auction ruling is issued, unless there
is a ruling in the same process or in any of the accumulated ones.

ARTICLE 571°- (Auction notebook).- I.- The appraisal and auction


procedures of the debtor's assets will be followed in a separate notebook until
the auction is carried out, complying with the rules established for the executive
process.

11 .- The proceeds of the auction will be deposited in the State


Bank,
and, where there is no banking institution, in the power of the legal or
natural person designated by the judge.

ARTICLE 572°- (Rejection of requests).- Any request or incident


that tends to prevent or delay the appraisal, auction and auction of the debtor's
assets, will be rejected by the judge within the auction notebook.

ARTICLE 573°- (Auction prior to the bankruptcy).- I.- If the


mortgaged or seized property has been auctioned prior to the bankruptcy
process, its proceeds will be transferred to the order of the bankruptcy judge.

12 .- The bankruptcy process will not suspend the payment that


the
successful bidder must carry out within the legal period.

ARTICLE 574°- (Sentence of degrees and preferred).- With the


response of the bankrupt or in default, the judge, within a period of thirty days,
will pronounce a sentence of degrees and preferred in accordance with the
pertinent norms of the Civil Code. The bankrupt will be ordered to pay the costs.

ARTICLE 575°- (Evidence period).- If there is doubt that requires


proof, an evidentiary period of ten to twenty days will be opened, after which the
parties may present their arguments within the third day. The judge, with or
without arguments, will pronounce the sentence.

ARTICLE 576°- (Extrajudicial agreement).- In the event that the


creditors and the bankrupt reach an extrajudicial agreement, it will be approved
by the judge.

ARTICLE 577°- (Adjudication).- Any creditor within the bankruptcy


proceedings may be awarded the seized asset or assets at auction, with the
obligation to deposit the amount within the term of the law, like any bidder.

ARTICLE 578°- (Prohibition to be awarded).- Outside the


bankruptcy process, no creditor who follows an executive process separately
from the bankruptcy may be awarded the auctioned asset or assets, under
penalty of nullity.

ARTICLE 579°- (Exclusive object of the sentence).- In the degree


and preferred sentence, only the priority with which the credits must be paid will
be declared, without resolving the contentious rights of the debtor or creditors,
which They must be ventilated in the respective process.

ARTICLE 580°- (Extemporaneous presentation).- The creditor who


does not attend the bankruptcy will not be able to request the inclusion of his
credit after the judgment of degrees and preferences has been pronounced.

ARTICLE 581°- (Inalterability of preferences).- The priority


established in the judgment of degrees and preferences may not be altered
even if other assets of the debtor are later discovered.

ARTICLE 582°- (Inadmissibility of new bankruptcy).- Even if other


assets of the debtor are discovered after the judgment of degrees and
preferences has been executed, a new bankruptcy cannot be opened nor a new
ruling issued. The value of the discovered assets will be distributed with the
priority already established.

ARTICLE 583°- (Extension of the effects of the sentence).- I.- If


the assets of the bankrupt are not enough to cover their debts, the effects of the
degree and preferred sentence will reach all the rights and inheritances that
may apply. to the debtor.

II.- This provision will be extended to the voluntary competition.

CAPITULO III

VOLUNTARY COMPETITION

ARTICLE 584°- (Requirements of the claim).- The debtor in good


faith and in disgrace who wishes to transfer assets will present his claim
personally before the district judge stating his insolvency and accompanying
two sworn lists: one with the payroll. of his creditors and indication of their
addresses and the sum that he owes to each of them, and the other with the
assets that he will assign and their monetary value. He will also request that the
creditors be summoned for this purpose.

ARTICLE 585°- (Decree of transfer, appointment of depositary


and accumulation).- I.- The judge will decree transfer to the creditors indicated
in the respective list, and will at the same time appoint depositaries of the
assets indicated in the other list, with the power to sell at the current market
price those that are susceptible to decomposition or losing their value.

11 .- In the event that there are executive proceedings pending


against
the transferor, its accumulation will be ordered.

ARTICLE 586°- (Summoning by edict).- If no creditors are found for


the legal summons with the demand or their whereabouts are unknown, the
summons will be ordered by edict in accordance with articles 125, 126 and 568.

ARTICLE 587°- (Auction notebook).- I.- Immediately after the claim


is admitted, the auction notebook will be created for the auction of the debtor's
assets, in accordance with articles 571 and 572.

12 .- It will be considered fraud or fraud to the detriment of


creditors.
any request or act of bankruptcy that tends to hinder the auction of
the assets, as well as its negligence in the publication of the edict,
which must be done immediately and at most within ten days of
admitting the bankruptcy.

ARTICLE 588°- (Falsehood or concealment of assets).- If the


falsehood or concealment of assets is proven in the list provided for in article
584, the transferor will be tried by criminal means as a fraudster.

ARTICLE 589°- (Sentence of degrees and preferred).- Once the


fifteen days indicated in article 568 have expired, the judge, at the request of
the party, will pronounce a sentence of degrees and preferences in accordance
with the pertinent rules of the Civil Code, without costs.

ARTICLE 590°- (Extrajudicial agreement).- If an extrajudicial


agreement is reached between creditors and debtor, it will be approved by the
judge.
TITLE II

OF INTERDICTS

CAPITULO I

GENERAL DISPOSITION

ARTICLE 591°- (Classes).- Interdicts may be attempted to:

1) Acquire possession.

2) Retain possession.

3) Recover possession.

4) Prevent harmful new work or avoid feared damage.

ARTICLE 592°- (Competence and deadline for attempting).-


Interdicts will be the responsibility of the investigating judges and must be
attempted within one year of the events on which they are based, except those
of acquiring possession and reporting feared damage that They can be
attempted at any time.

ARTICLE 593°- (Subsequent process).- The sentences issued in


the interdicts to acquire, retain and recover possession will not prevent the
exercise of real actions that may correspond to the parties.

ARTICLE 594°- (Costs).- In all cases, the losing party will be ordered
to pay costs.

ARTICLE 595°- (Appeal).- The sentence may be appealed within a


period of three days, in return effect, without further appeal.

CAPITULO II

INTERDICT FROM ACQUIRING POSSESSION

ARTICLE 596°- (Provenance).- The interdict to acquire possession


will proceed when the person requesting it presents authentic title of ownership
over the thing and it is not in the possession of a third party with title of owner or
usufructuary. Whoever thus possesses it will not be deprived of his right without
being heard and defeated in an ordinary process.

ARTICLE 597°- (Possession and opposition).- I.- Once the


application has been presented with the respective title, the judge will set the
day and time for possession.

II.- If anyone objects, alleging current possession by way of


owner or usufructuary, the case will be received for proof within a
period of eight days, after which the judge will pronounce a sentence
granting possession to whoever has requested it, or maintaining in it
whoever can justify the best right, and saving the rights of the loser
for the ordinary way.

ARTICLE 598°- (Possession by hereditary title).- When possession


by hereditary title is requested, the will or judicial resolution declaring heir, the
death certificate and proof of payment of the inheritance tax will be
accompanied.

ARTICLE 599°- (Hearing).- The judge will immediately set the day
and time for the pro-individual possession of the inheritance assets, with
summons from the co-heirs, current possessors and executor if any, without
prejudice to third parties who have better rights. .

ARTICLE 600°- (Claim).- Any claim of the


co-heirs or the executor will be saved through the ordinary route.

ARTICLE 601°- (Accumulation).- If they weretwo or more the


requests for possession, all of them will be accumulated in a single file and the
judge will pronounce the corresponding resolution, and will grant possession to
whoever is victorious, leaving the rights of the others for the ordinary route safe
and they may request a guarantee of results.

CAPITULO III

INJUNCTION TO RETAIN POSSESSION

ARTICLE 602°- (Provenance).- For the interdict to retain possession


to proceed, the following will be required:

1) That whoever attempts to do so is in current possession or


possession of an asset, movable or immovable.

2) That someone threatens to disturb you or disturbs you through


material acts.

ARTICLE 603°- (Procedure).- The lawsuit will be directed against


the person whom the plaintiff denounces for disturbing his possession or
tenure, or against his successors or co-participants.

Upon admitting the claim, the judge will open an evidentiary period of
eight days.

ARTICLE 604°- (Evidence).- The evidence will concern the


possession or tenure invoked by the plaintiff and the acts or threats of
disturbance attributed to the defendant and the date on which they occurred.

ARTICLE 605°- (Precautionary measures).- If the disturbance is


imminent, the judge may order the measure not to innovate, under warning of
applying the sanctions provided for in article 184.

ARTICLE 606°- (Sentence).- Whenever the plaintiff proves the


extremes of his claim, the judge will protect him in possession, condemning the
defendant to pay costs and imposing payment of a fine that will be assessed in
the same resolution, without prejudice to damages. where applicable, as well as
the sanctions provided for in the Penal Code.

CAPITULO IV

INTERDICT FROM RECOVERING POSSESSION

ARTICLE 607°- (Provenance).- Whoever possessing something,


civilly or naturally, or in both ways, is dispossessed with or without violence, will
present himself to the judge expressing the possession in which it has been, on
the day in which it was suffered the ejection and asking to receive proof on
these two extremes to reinstate him in possession.
ARTICLE 608°- (Lawsuit).- The lawsuit will be filed against the
dispossessor, or his heirs, co-participants or beneficiaries of the dispossession.

ARTICLE 609°- (Admission and evidence).- Once the claim is


admitted, the judge will open the evidence period of eight days.

ARTICLE 610°- (Modification and extension of the claim).- If


during the processing of the injunction to retain possession the plaintiff is
dispossessed, the action will continue as an injunction to recover, without
reversing the procedure.

ARTICLE 611°- (Precautionary measure).- When the right of


possession invoked is credible and there is a risk and damages could arise if
immediate restitution is not decreed, the judge may order it after a deposit that
the claimant will provide to respond for any damages that may be incurred.
abrogate the measure.

ARTICLE 612°- (The title does not justify the dispossession).-


Even if the dispossessor presents the property title trying to justify the fact, he
will not be exempt from returning the property and paying costs and damages,
nor from criminal sanctions if he has acted with force. and violence, leaving
their rights for ordinary action safe.

ARTICLE 613°- (Sentence).- The sentence that declares the claim


proven will order:

1) The restitution of the stolen property, under warning of release.

2) Payment of costs, damages and losses.

3) The referral of testimony to the Public Ministry in the event that


the dispossession had been carried out with force and violence.

ARTICLE 614°- (Dispossession committed by authority).- The


judge or any authority who, without the respective legal procedure, deprives or
orders to deprive someone of their possession, will be considered the
dispossessor and sentenced to the same sanctions provided for in the
preceding article.
CAPITULO V

INJUNCTION OF NEW CONSTRUCTION INJURIOUS OR FEARED DAMAGE

ARTICLE 615°- (Provenance).- When a work has begun that affects


a property or is not subject to the rules established for easements in the Civil
Code, or when there is fear that a building, tree, column or Any similar thing
could cause damage to people or things, whoever considers himself harmed
may promote the interdict to prevent a new harmful work or to avoid feared
damage.

ARTICLE 616°- (Lawsuit).- The lawsuit may be filed by the owner or


possessor of the thing and will be directed against the owner of the work, and if
this cannot be found or is unknown, against the director or person in charge of
it.

ARTICLE 617°- (Procedure.- Inspection).- I.- Once the claim is


admitted, the judge will order the immediate suspension of the work and will set
the day and time for the inspection hearing, which must be held within a
maximum period of three days to count from the filing of the claim.

II.- Likewise, it will provide for the recognition of the work or thing by
experts, for which purpose one may be appointed ex officio.

ARTICLE 618°- (Expert report).- The experts must provide their


reports at the hearing or within a maximum period of three days from the day of
the inspection.

ARTICLE 619°- (Term of proof).- The judge, depending on the


circumstances and as a result of the inspection, may maintain the ordered
suspension or order the continuation of the work, being able to open the
evidentiary period of eight days.

ARTICLE 620°- (Sentence).- I.- Once the evidentiary period has


expired, if it has been opened, or after the expert reports have been presented,
the judge without further procedure will issue a sentence ordering, if the plaintiff
has justified his claim, the definitive suspension or demolition of the work, or,
where appropriate, appropriate measures to avoid the feared damage.
However, if, in the judge's opinion, an adequate modification or repair is
possible in the work to avoid damage or harm, the suspension may be
maintained and the defendant will be granted a reasonable period of time in
order to execute the modification or repair, under the requirement that the
plaintiff may carry them out at his expense. The expenses incurred will be
collected by coercive means.

II.- The losing party will be ordered to pay costs and damages.
and damages.

TITLE III

OF THE EVICTION
HOUSING EVICTION

ARTICLE 621°- (Housing).- Housing will be considered to be the


house, apartment or room that the tenant uses, by virtue of a contract entered
into in writing or verbally, as his residence and that of the members of his family
dependent on him serving him. of proof, in the case of a verbal contract, the
rental payment receipt.

ARTICLE 622°- (Housing, workshop or grocery store).- Small craft


workshops or grocery stores, where the occupants have their residence at the
same time, will be considered housing as long as they have had this double
quality from the moment of the contract.

ARTICLE 623°- (Procedure of housing eviction).- Housing eviction


will proceed in the following cases:

1) For non-payment of rent for three months due.

2) When the owner needs the property to live in it because he is


living in someone else's house. The choice of the property,
apartment or rooms that is intended to be vacated will be
attributed to the landlord.

3) When the owner needs the entire property for a new


construction. In this case, the municipal authorization, work
contract and approved plans will need to be presented. The work
must be started within thirty days of vacancy.

4) When the owner needs to have the property rebuilt and provided
that these are not simple maintenance repairs. This need will be
justified with the work contract, and the plans approved by the
municipal authority. The work must begin within the period
indicated in the preceding paragraph.

5) When the demolition of the property is necessary due to its


dilapidated state, duly qualified.

6) When the tenant has his or her own home.


7) When the tenant sublets all or part of the property.

8) When the tenant subrogates the rental contract.

9) When the tenant gives the property a use other than that for
which it was rented.

10) When the property was acquired or expropriated due to public


necessity and utility.

ARTICLE 624°- (Claim for subtenancy and subrogation).- When


the claim is based on causes 7 and 8 of the preceding article, the action will be
pursued simultaneously against the tenant and the subtenant or subtenant.

ARTICLE 625°- (Procedure).- The procedure will be subject to the


summary process before the investigating judge. The claim will be admissible
upon presentation of the corresponding tax receipt, a fact that will be stated in
the charge with specification of the necessary data.

ARTICLE 626°- (Counterclaim).- In the eviction process,


counterclaims will be inadmissible.

ARTICLE 627°- (Appeal).- The appeal against the eviction sentence


will be granted with suspensive effect.

ARTICLE 628°- (Deadlines for eviction).- The judge will grant the
following deadlines for eviction:

1) For room, thirty days.

2) For department, seventy days.

3) For full house, ninety days.

ARTICLE 629°-- (Restitution of the property to the tenant).- I.- The


property from which the tenant has been evicted will be returned to the tenant
in the cases provided for in paragraphs 2, 3, and 4 of article 623 if the landlord
has not complied with what is provided in them within a period of thirty days.
II.- When restitution is not possible, the lessor will pay the
evicted a fine equivalent to six months of the rent paid at the time of
vacancy.

ARTICLE 630°- (Restitution procedure).- The restitution of the


property will be requested before the judge of the case, and it will be
substantiated and resolved as an incident. The appeal will proceed in return
effect, without further appeal.

ARTICLE 631°- (Mixed contract).- The eviction of housing subject to


a tenancy and antichresis contract will be subject to the provisions of the
present chapter, with the landlord being obliged to immediately return the
capital received.

CAPITULO II

EVICTION OF COMMERCIAL, INDUSTRY AND OTHER PREMISES

ARTICLE 632°- (Origin).- The eviction of commercial, industrial,


office and other similar premises, subject to the free contracting regime, will
proceed due to expiration of the term of the contract or due to non-compliance
with any of its conditions.

ARTICLE 633°- (Procedure).- The process for eviction of the


premises indicated in the previous article will be substantiated and resolved in
the manner provided for in articles 625, 626 and 627.

ARTICLE 634°- (Deadlines for eviction).- In the event that there is


no contract or no deadline has been stipulated for the location of the premises
indicated in article 632, the judge will grant the following deadlines:

1) For shops, grocery stores, warehouses, offices, doctors' offices,


bars, canteens, dance halls and similar, thirty days.
2) For commercial houses, restaurants, confectioneries, dining
rooms, hotels, minor industries and other similar, sixty days.

3) For sanatoriums, clinics and industrial establishments with more


than twenty workers, ninety days.

CAPITULO III

LAUNCH

ARTICLE 635°- (Provenance).- Within twenty-four hours of the


expiration of the period granted by the judge, in execution of the sentence and
without further procedure, he will issue the corresponding release order with the
power to search, entrusting its execution to the investigative officer.

ARTICLE 636°- (Execution of the launch).- The execution of the


launch will be carried out in business hours and days, and the executor will
deliver the furniture, fixtures, machinery and other objects to the tenant or,
where appropriate, to the depositary designated by the judge. . If there is
resistance, the public order force will provide the necessary assistance without
any further requirement than the display of the order.

ARTICLE 637°- (Delay in vacating commercial, industrial and


other premises).- If the release has to be made of the premisesindicated in
article 632, the judge will regulate in sentence one
CHAPTER II 3
JURISDICTION AND COMPETENCE 3
CHAPTER III 4
CONFLICT OF COMPETENCES 4
CAPITULO IV 6
EXCUSES AND RECUSATIONS 6
CAPITULO V 6
PROCESSING OF EXCUSES 6
CAPITULO VI 6
PROCESSING OF CHALLENGES 6
CAPITULO I 7

CHAPTER I
INTERVENTION AND CAPACITY OF THE PARTIES 7
CAPITULO II 8
REPRESENTATION 8
CAPITULO III 12
REBELLION 12
CAPITULO IV 13
EVICTION CITATION 13
CAPITULO V 13
FREE BENEFIT 13
CAPITULO II 16
WRITINGS 16
CAPITULO III 17
HEARINGS 17
CHAPTER IV 19
FILES 19
ARTICLE 111°- (Replacement in courts of cassation).- 21
CHAPTER V 21
COMMISSIONS 21
Article 127.- (Summon to the State and Legal Entity). 25
SECTION II 26
NOTIFICATIONS 26
CAPITULO VII 29
PROCEDURAL DEADLINES 29
CAPITULO VIII 30
INCIDENTS 30
CAPITULO IX 31
PRECAUTIONARY MEASURES 31
CAPITULO XI 38
CONCILIATION 38
CAPITULO XII 39
PECUNIARY SANCTIONS 39
CAPITULO II 41
JUDGMENT 41
CHAPTER III 44
DEADLINES FOR RESOLUTIONS 44
CHAPTER IV 44
DELAY OF JUSTICE 44
CAPITULO II 46
REPLENISHMENT RESOURCE 46
CAPITULO III 47
APPEAL 47
CHAPTER IV 49
APPEAL IN THE SUSPENSIVE EFFECT 49
CAPITULO V 52
APPEAL ON THE REFUND EFFECT 52
CAPITULO VI 53
CASSATION APPEAL 53
ARTICLE 253°- (Resource from cassation in the bottom).- 54
CHAPTER VII 55
CASSATION APPEAL PROCESSING 55
CHAPTER VIII 59
VOTES FOR RESOLUTIONS 59
CHAPTER IX 60
COMPULSE 60
CHAPTER X 62
SPECIAL REVIEW OF SENTENCES 62
CAPITULO II 66
PERENSION 66
CAPITULO III 67
TRANSACTION 67
CAPITULO II 68
PREPARATORY MEASURES 68
CHAPTER II 73
EXCEPTIONS 73
CAPITULO III 75
REPLY 75
CAPITULO IV 76
COUNTERCLAIM 76
CHAPTER V 77
THIRD PARTY 77
SECTION II 86
DOCUMENTARY EVIDENCE 86
SECTION III 87
CONFESSION 87
SECTION IV 93
JUDICIAL INSPECTION 93
SECTION V 94
EXPERTISE 94
SECTION VI 97
WITNESSING 97
SECTION VII 103
PRESUMPTIONS 103
CAPITULO II 104
SUMMARY PROCESS 104
CHAPTER II 107
PAYMENT INTIMATION 107
CHAPTER III 108
EMBARGO 108
CHAPTER IV 111
EXCEPTIONS 111
CAPITULO V 113
JUDGMENT 113
CAPITULO VI 113
THIRD PARTY 113
CHAPTER II 115
WAY OF EXECUTING SENTENCES 115
ARTICLE 544°- (Nullity of the auction).- 123
ARTICLE 548º.- ( REVIEW OF MEASURES 124
PRECAUTIONS AND DELIVERY OF THE GOOD ) 124
CAPITULO III 125
RESULTS BOND 125
CAPITULO IV 126
EXECUTION OF SENTENCES GIVEN ABROAD 126
CAPITULO II 129
COMPETITION NECESSARY 129
CAPITULO III 131
VOLUNTARY COMPETITION 131
CAPITULO II 133
INTERDICT FROM ACQUIRING POSSESSION 133
CAPITULO III 134
INJUNCTION TO RETAIN POSSESSION 134
CAPITULO IV 135
INTERDICT FROM RECOVERING POSSESSION 135
CAPITULO V 136
INJUNCTION OF NEW CONSTRUCTION INJURIOUS OR FEARED DAMAGE 136
TITLE III 137
OF THE EVICTION 137
HOUSING EVICTION 138
CAPITULO II 140
EVICTION OF COMMERCIAL, INDUSTRY AND OTHER PREMISES 140
CAPITULO III 141
LAUNCH 141
GENERAL DISPOSITION 147
CAPITULO II 148
DECLARATION OF HEIRS 148
CAPITULO III 149
WAIVER OF INHERITANCE AND ACCEPTANCE WITH BENEFIT OF INVENTORY
149
VERIFICATION, OPENING AND PROTOCOLIZATION OF WILLS 151
ARTICLE 656°- (Definitive Order. Protocolization).- 152
CAPITULO V 153
INVENTORIES 153
CAPITULO VII 156
MEASUREMENT AND BOUNDARY 156
CAPITULO VIII 157
ACCOUNTABILITY 157
CHAPTER IX 158
DECLARATION OF ABSENCE PRESUMPTION OF DEATH 158
CHAPTER X 159
VACANT PROPERTY AND SHOWS 159
CHAPTER XI 160
PAYMENT AND CONSIGNMENT OFFER 160
CAPITULO II 162
TRIAL BY ARBITRATORS OR FRIENDLY COMPOSERS 162
CAPITULO II 163
PROCESSING, SENTENCE AND EXECUTION 163
TITLE VII 164
OF THE PROCESSES AND RESOURCES PROVIDED FOR IN THE CONSTITUTION
STATE POLICY 164
CAPITULO I 164
PROCESS OF UNCONSTITUTIONALITY OR INAPPLICABILITY 164
CAPITULO II 164
HABEAS CORPUS 164
CAPITULO III 164
CONSTITUTIONAL PROTECTION 164
CAPITULO IV 165
DIRECT APPEAL FOR NULLITY 165
CONTENTIOUS AND RESULTING PROCESS OF CONTRACTS, NEGOTIATIONS AND
CONCESSIONS OF THE EXECUTIVE BRANCH 165
CHAPTER VI 165
ADMINISTRATIVE CONTENTIOUS PROCESS TO WHICH THEY GIVE PLACE THE
RESOLUTIONS OF THE EXECUTIVE BRANCH 165
CHAPTER VII 166
PROCESS AGAINST RESOLUTIONS OF THE LEGISLATIVE POWER OR OF ONE OF
ITS CAMERAS 166
CHAPTER VIII 166
APPEAL AGAINST ILLEGAL TAXES 166
TRANSITIONAL PROVISION 167

the movable property necessary to guarantee the payment of the accrued rent,
with the lessor remaining as custodian.

TITLE IV

OF VOLUNTARY PROCEDURES

GENERAL DISPOSITION

ARTICLE 639°- (Kinds of voluntary procedures).- Voluntary


procedures will include.

1) The declaration of heirs.

2) Renunciation of inheritance and acceptance with benefit of


inventory.

3) The opening, verification and formalization of a will.

4) The inventories.

5) The division of inheritance and other common property.

6) The measurement and demarcation.

7) Pay accounts.

8) The declaration of absence and presumption of death.


9) Vacant and displayed assets.

10) The offer of payment and consignment.

ARTICLE 640°- (Competence).- I.- It will be up to the ordinary


investigating judges, in accordance with article 134, paragraph 3, of the Judicial
Organization Law, to know the procedures included in this chapter as long as
they are not contentious, except for the of payment and consignment offer that
must be filed before the judge of the amount.

II.- The procedure declared contentious will be sent, within


of the third day, to the ordinary match judge, unless due to the
amount or by express provision of the law it corresponds to the
investigating judge, in which case the latter will continue to hear about
it.

ARTICLE 641°- (Effects of the declared containment).- Once the


containment is declared, the judge whose responsibility it is to process the
process in the ordinary way will begin to substantiate it by transferring the
opposition to the plaintiff. The opponent will be considered a defendant who
has raised exceptions, provided that his opposition does not involve a
counterclaim, in which case the corresponding procedure will be given.

CAPITULO II

DECLARATION OF HEIRS

ARTICLE 642°- (Plaintiffs).- The judicial declaration of heirs may be


requested at any time by the presumed heirs.

ARTICLE 643°- (Demand).- The demand must be submitted


accompanying:

1) The death certificate of the deceased.

2) The documents that prove the degree of relationship of the


plaintiffs with the deceased.

3) The name or names of any other co-heirs.


ARTICLE 644°- (Accumulation of requests).- All demands or
requests for declaration of heirs of the same succession will be accumulated
and processed in a single file, whether the presumptive heirs are believed to
have equal or better rights.

ARTICLE 645°- (Resolution).- In view of the accompanied evidence,


the judge will pronounce a final resolution declaring heirs to those who have
proven their right and saving those of third parties; It will also resolve the
opposition or oppositions that may have arisen.

ARTICLE 646°- (Possession).- Once the resolution provided for in


the preceding article has been issued, the judge will proceed to give
possession of the assets to the heirs in accordance with the provisions of
articles 599 and 600, after presenting proof of having paid the inheritance tax.

ARTICLE 647°- (Bail).- Co-heirs who believe they have been harmed
may request bail from the declared heir(s) for the results of the ordinary
process. This bond must be prior to taking possession of the goods and will be
extinguished if an ordinary lawsuit is not filed after thirty days from its granting.

CAPITULO III

WAIVER OF INHERITANCE AND ACCEPTANCE WITH BENEFIT OF


INVENTORY

ARTICLE 648°- (Declaration).- I.- The heir who renounces the


inheritance or who accepts it with the benefit of inventory, will expressly declare
his decision before the judge within the terms and conditions established in the
Civil Code, also complying with the requirements demanded in article 643.

II. In the case of accepting the inheritance with inventory benefit,


A list of the deceased's creditors and their addresses will accompany.

ARTICLE 649°- (Summonation).- The judge will order the summons


of the co-heirs and creditors domiciled in the court seat and the publication of
edicts twice in a period of fifteen days, with an interval of five days between
each one, in the manner provided for in article 125.
ARTICLE 650°- (Resolution).- Once the legal requirements and the
summons provided for in the preceding article have been met, the judge will
pronounce a resolution declaring, as the case may be, the inheritance with the
benefit of inventory, or renounced, except in the case provided for in the article.
1053 of the Civil Code.

ARTICLE 651°- (Intervention of third parties).- Creditors or any


other interested party, for the exercise of the actions that the Civil Code
recognizes in defense of their rights, must present their requests accompanied
by reliable documents that prove their claims.
VERIFICATION, OPENING AND PROTOCOLIZATION OF
WILLS

ARTICLE 652°- (Demand).- The heir, executor, or any other


legitimate interest in the verification, opening and formalization of a will, will
request them before the judge of the place where it was granted, accompanying
the death certificate of the testator.

ARTICLE 653°- (Providence).- I.- The judge will set the day and time
for the hearing, in which the act will take place, with the summoning of
witnesses, a notary and the person in whose possession the testamentary
document has been deposited.

ARTICLE 654°- (Hearing).- YO.- At the hearing,


at the judge's disposal and upon oath, the witnesses:

1) They will recognize if the cover that is presented to them and


that contains the testamentary document, is the same one that
the testator personally delivered to the notary, and if they notice
any alteration or violation in its closures and seals.

2) They will declare whether all of them, gathered in the same


event and place, witnessed the delivery of the cover to the
notary and jointly signed the corresponding document with the
notary and the testator.

3) They will declare if the testator was in full use of his mental
faculties and if they heard him state that the cover contained his
will, or if the case of article 1129 of the Civil Code was
applicable.

4) They will recognize their signatures stamped on the cover


record.

II.- If one or more witnesses have died or are absent or


unable to appear at the hearing, the provisions of article 1152 of the
Civil Code will apply.

ARTICLE 655°- (Opening).- Once the formalities prescribed in the


preceding article have been completed, the judge will order the opening of the
document and its reading by the actuary. The respective minutes will be drawn
up and signed by the judge, notary and witnesses, and interested parties if they
wish to do so.

ARTICLE 656°- (Definitive Order. Protocolization).-


Once the proceedings are concluded, the judge will issue a final resolution
ordering the notarization of the will and other documents in a public notary
office.

ARTICLE 657°- (Declaration of containment).- If at the hearing an


allegation is made of the theft of the cover, alteration of the record drawn up
therein, violation of the seal and closures, or there is no agreement among the
witnesses on the facts indicated in Article 654, the verification, opening and
protocolization procedures will not be suspended if, in the judge's opinion, the
allegations are unfounded; Otherwise, the procedure will be declared
contentious to be processed and resolved through ordinary means.

ARTICLE 658°- (Open will).- The open will executed before a notary
and witnesses that are recorded in the notarial records will not need verification
to have legal effects.

ARTICLE 659°- (Will before witnesses only).- I.- The verification


and formalization of the will opened and granted before witnesses only, will be
carried out in a hearing, with the recognition of their signatures and the
declaration that the provisions contained are the same that they had heard the
testator dictate or that he had presented to them drafted.
The statements must be uniforms in
as for the main part of the will, a requirement without which it will not be valid.

II.- Compliments the legal requirements the judge will arrange the
notarization of the will and relevant documents in a public notary.

ARTICLE 660°- (Special wills).- I.- In the case of special wills


included in book IV, title III, chapter II, section III, of the Civil Code, verification
and protocolization will be done in the manner provided for in the previous
article in everything that is pertinent.

II.- In the case of article 1136 of the Civil Code, the declarations and
The recognition of signatures of the captains or commanders of the
ships and witnesses may be done by commission before the judge of
the place where they may be found; If they have to be produced
outside the Republic, they will also be done by commission in
accordance with the laws of the respective country.

ARTICLE 661°- (Nullity of testamentary clauses).- If the nullity of


one or some clauses of the will is alleged, its notarization will not be suspended
and the corresponding action will be followed through ordinary means.

ARTICLE 662°- (Wills granted abroad).- I.- Wills granted abroad will
take effect in Bolivia in accordance with current international treaties, provided
that they are duly legalized in accordance with the laws of the Republic, being
subject to its protocolization and registration, as the case may be, to the
procedures prescribed in this chapter.

II.- If there are no treaties, the wills will be attested to


Bolivia if they have been drafted with the legal formalities established
in the country of their granting and if they are duly legalized.

CAPITULO V

INVENTORIES

ARTICLE 663°- (Diligence marking). In cases in which the formation


of enumerative or evaluative inventories of the assets, rights and obligations of
an estate is appropriate, the judge will set the day and time for the diligence,
after summoning the parties, and, where appropriate, the executor, co-heirs,
creditors, legatees and other interested parties.

ARTICLE 664°- (Compliance with diligence). I.- The judge will


attend to the formation of inventories only at the express request of a party or of
the Public Ministry when the latter must intervene in accordance with the law.

11 .- In other cases the judge will commission for compliance


of the diligence to a minimum claims judge or to a public notary.

ARTICLE 665°- (Ex-officio expert).- In the event that an appraisal


inventory is requested, the judge will appoint an ex-officio expert, provided that
the parties do not agree on the one proposed by one of them.
ARTICLE 666°- (Clarification and resolution).- I.- Once the
inventories have been carried out, they will be made known to the parties so
that within the third day they can request clarifications or explanations.

12 .- Once the proceedings are concluded, the judge will


pronounce a resolution
definitive within a period of three days.

ARTICLE 667°- (Opposition). - Interested parties may raise


opposition to the formation of inventories or their approval, within the third day
of having been summoned with the demand or the inventory. The opposition
will not suspend subsequent proceedings, which will be provisional.

ARTICLE 668°- (Claim for exclusion).- If during the formation of the


inventory any of the heirs or other interested parties claim ownership rights over
any of the assets to be inventoried, the judge will open an incidental period of
evidence of eight days. and will decide whether or not the claimed property is
excluded.

ARTICLE 669°- (Concealment of assets). - When the concealment


of any property of the testamentary is alleged and it is justified within the
incidental period of eight days, the concealer, if he is an heir, will lose the
benefit of inventory and all participation in the hidden property, and if he is a
stranger, he will be considered guilty of theft.

ARTICLE 670°- (Application to other cases).- The provisions of this


chapter will apply, insofar as they are pertinent, to all other cases of inventory
formation.

CAPITULO VI

DIVISION OF INHERITANCE AND OTHER COMMON PROPERTY

ARTICLE 671.- (Demand) I. Any co-heir or executor may ask the


judge for the division of hereditary assets, accompanying the will or the
approved inventory.

II. The division will be made by the party designated in the will or
failing that, by the expert appointed ex officio by the judge; provided
that the parties have not agreed on the proposal proposed by one of
them.

III. Prior inventory may be dispensed with in the event that


the hereditary assets were not many or substantial.

ARTICLE 672.- (Order and procedure for partition) I.- The judge
will order the requested partition to proceed with notice of any co-heirs and
executor.

II. The division will be made in accordance with the will or the
inventories
approved, taking care that the divisions are equal in kind and value,
and the fair and convenient compensations required will be made.

ARTICLE 673.- (Raffle of lots or daughters). I.- Once the parties


have been informed of the division carried out and the explanations and
supplements that have been requested have been made, the day and time of
the hearing will be set for the drawing of the order and the lots or daughters.

III. - By agreement of the parties, the draw may be dispensed with,


The agreed assignments are approved unless incapable or absent
people intervene in the division.

ARTICLE 674.- (Resolution on doubts). Any doubts that may arise


at the time of the partition regarding questions of law will be resolved by the
judge and not by the partitioner or expert.

ARTICLE 675.- (Approval and protocolization) Once the


proceedings are concluded, the judge will issue a final resolution approving the
division or drawing of lots and ordering its protocolization of public faith, to
deliver to each heir their respective daughter.

ARTICLE 676.- (Properties that do not allow easy division). YO.


If, outside of the cases provided for in the Civil Code, one or some assets do
not allow easy division or if some co-heirs claim to take real estate and other
personal property, the appraisal, auction and auction will be ordered.

IV. If there is no bidder, the judge will appoint an administrator


as long as interested parties show up.
ARTICLE 677.- (Unclaimable partitions). The partitions made in
accordance with the law will be unclaimable if after eight days after the
issuance of the approval and protocolization order no observations have been
made, except for cases of injury, fraud or fraud that must be resolved in the
ordinary process.

ARTICLE 678.- (Option of the heirs). It will be up to the heirs to


request the partition voluntarily or to enter directly into the ordinary trial if there
are contradictory points to be clarified previously.

ARTICLE 679.- (Totality of heirs). Any division of inheritance must


include all of the heirs, under penalty of nullity.

ARTICLE 680.- (Voluntary division will not be suspended) The


voluntary inheritance division procedure will not be suspended even if the falsity
or nullity of the will or some of its clauses is accused or the concealment of
assets is reported, issues that must be resolved for the ordinary way.

ARTICLE 681.- (Division of non-successional common assets).


In the division of non-successional common property, whether owned or not in
the undivided, the procedure provided in this chapter will be observed.

CAPITULO VII

MEASUREMENT AND BOUNDARY

ARTICLE 682.- (Demand).- When an owner considers it necessary


to clarify in whole or in part the boundaries of his unbuilt rural or urban property,
the judge will be presented with the corresponding titles, asking to go through
its terms and restore the boundary markers in his case.

ARTICLE 683.- (Admission and hearing appointment). The judge


will admit the claim, indicating the day and time for the hearing with a summons
from the adjoining party or adjoining parties indicated by the plaintiff.

ARTICLE 684.- (Hearing). YO. Once the hearing is open, the


property titles exhibited by the parties will be read, their presentations will be
heard in their order, and the tour and establishment of boundaries or
reestablishment of boundary markers will then proceed.
II. If the circumstances require measurement, it will be ordered to be
carried out.
by an expert appointed ex officio, provided that the parties do not
agree on the one proposed by one of them.

III. The detailed and witnessed record will be added to the titles
of the parts.

ARTICLE 685.- (Opposition). The opposition that is presented


regarding a particular limit that requires justification will not prevent the
voluntary demarcation, and once this has been completed, the judge will
approve it, saving the right of those who disagree to take the ordinary route.

ARTICLE 686.- (Differences and compensations). In the absence


of evidence that could guide the judge in his decisions, he may cut the
difference by ordering the division of the land between the parties. It may also
compensate the incoming lands of one property with those of the same type of
the other, seeking in this perfect equality, even with pecuniary compensation.

CAPITULO VIII

ACCOUNTABILITY

ARTICLE 687.- (Obligation to render accounts). Anyone who


administers or manages other people's businesses will be obliged to account
for their management.

ARTICLE 688.- (Term for rendering accounts). Once the rendering


of accounts is requested by whoever proves his right to demand it against the
person obliged to render it, the judge will grant the latter a period of eight days,
under warning of coercion.

ARTICLE 689.- (Clear and documented account). Whoever


renders accounts will be obliged to present them in clear and precise terms,
accompanying all the pertinent documentation.

ARTICLE 690.- (Transfer of the account rendered). Once the


rendering of accounts is presented, accompanied by the respective receipts, it
will be transferred to the plaintiff who must give his or her consent or observe it
within a period of eight days.

ARTICLE 691.- (Error in figures or arithmetic calculations). If an


error in figures or arithmetic calculations is found in the rendering of accounts,
the judge will order its rectification and will appoint an ex officio expert for this
purpose, unless the defendant agrees with the observation made by the
plaintiff.

ARTICLE 692.- (Resolution). YO. If the plaintiff agrees or has not


made observations within the period indicated in article 690, the judge will issue
a final resolution of approval.

11. In the same way, it will pronounce a resolution once the


report of the expert after having been brought to the attention of the
parties, without the need for further processing.

ARTICLE 693.- (Declaration of containment). Both in the event that


the defendant proves that he is not obliged to render an account, or when, once
the rendering has been made, the plaintiff alleges illegitimacy or falsity of any
charge or defense item, the judge will declare the procedure contentious to be
processed through the ordinary means.

CHAPTER IX

DECLARATION OF ABSENCE
PRESUMPTION OF DEATH

ARTICLE 694.- (Demand). When a person disappears from his or


her home and there is no news of him or her for more than one year, any
interested party may ask the judge of the last home to appoint a curator for the
purposes of the provisions of article 31 of the Civil Code. This appointment may
also be made ex officio.

ARTICLE 695.- (Appointment of curator and edict). The judge,


after receiving information from two witnesses that will be received within a
period of five days, will appoint a curator, who must take an oath when
accepting and taking office. The judge will also order the publication of the edict
twice every five days.

ARTICLE 696.- (Declaration of absence). If after two years from the


first publication of the edict there is no news of the missing person, the
procedure will be followed in accordance with the provisions of article 32 of the
Civil Code, opening for this purpose the evidentiary period of twenty days.

ARTICLE 697.- (Complementary provisions). In all other


procedures, phases or periods of the declaration of absence and presumption
of death related to the person and property of the absent person, the judge will
be governed by the provisions contained in articles 33 to 51 of the Civil Code.

CHAPTER X

VACANT PROPERTY AND SHOWS

ARTICLE 698.- (Complaint). In the case provided for by article 1111


of the Civil Code, any person may report the existence of vacant assets to the
judge. The judge, upon admitting the complaint, will appoint an official from the
Ministry of Education and Culture as curator who will have sufficient personality
to intervene in all ordinary and extraordinary procedures and resources even in
the event that the procedure becomes contentious.

ARTICLE 699.- (Security measures). The designated curator will


accept the position after taking an oath, will draw up an enumerative inventory
of the assets and will adopt the most appropriate measures for their security.

ARTICLE 700.- (Edict). Once the security measures provided for in


the preceding article have been implemented, the publication of the edict will be
ordered twice every fifteen days. In the case of movable or semi-movable
property, the publication will be made only once.

ARTICLE 701.- (Presentation of interested party). If within the


period for publication of the edict an interested party presents itself alleging
property rights by way of inheritance or any other, the procedure will be made
contentious and will be processed through the ordinary means.

ARTICLE 702.- (Resolution). If interested parties do not present


themselves within the period of thirty days in the case of real estate and eight
days in the case of movable items, counting from the first publication of the
edict, a final resolution will be issued declaring the assets property of the State.
At the same time, the appraisal of the assets will be ordered by an expert
appointed ex officio.

ARTICLE 703.- (Complainant). The complainant will be entitled to a


quarter of the value of the assets. This value will be the cadastral value in the
case of real estate, the expert value in the case of movable property and the
nominal value in the case of shares, securities or movable securities.

ARTICLE 704.- (Mostiencos assets). When personal property or


livestock without an owner is found, the procedure provided for in this chapter
will be followed, with the following modifications:

1) The edict will indicate the place where the assets will be
revealed.

2) The curator will display the assets in a public place for eight
consecutive days, from 12 to 2 p.m., so that, if someone appears
claiming to be the owner and proves their right of ownership,
after comparing signs and marks, they will be delivered to them.
If no claim is filed or the claimant does not demonstrate his or
her ownership rights, the assets will be declared property of the
State.

ARTICLE 705.- (Auction) The judge may authorize the auction and
auction of all or part of the assets to facilitate the payment of the rights of the
complainant, curator, expert and judicial expenses. Once all of them are paid,
the remainder will correspond to the State.

CHAPTER XI

PAYMENT AND CONSIGNMENT OFFER

ARTICLE 706.- (Origin, requirements and effects). The origin,


requirements and effects of the offer of payment and consignment, both in the
obligations to give and those to do, will be governed by the provisions of Book
III, Title I, Chapter II, Section III of the Civil Code.

ARTICLE 707.- (Procedure). Once the claim is presented before the


judge for the amount, with the requirements established for it, the judge will give
it the summary process procedure.
ARTICLE 708.- (Money debt). If the debt is monetary, the debtor will
accompany the claim with a certificate of judicial bank deposit to the order of
the judge, which will include the total amount owed, accrued interest, liquid
expenses and a sufficient sum for non-liquid expenses, and will state that said
total is recorded in the power of the judge.

ARTICLE 709.- (Debt of a certain and determinate thing). YO. If


the thing owed is certain and determined, the judge will be asked to set the day
and time so that the creditor can receive it in his presence.

II. If the thing owed is difficult or impossible to transfer, or should


be delivered in another place, the judge will be asked to indicate a
specific day, time and place where the delivery must be made.

ARTICLE 710.- (Provided by the judge). The judge when


transferring the claim:

1) In the case of article 708, the money will be considered


consigned.

2) In case 1 of the preceding article, it will indicate the day and time
for the requested purpose.

3) In case 2 of the preceding article, it will indicate the day, time and
place for verification of delivery. You may commission this
procedure if delivery cannot be made within your judicial seat.

ARTICLE 711.- (Resolution). With or without the response to the


claim and with or without the hearings provided for in the preceding article, the
judge will issue a resolution declaring the offer of payment and consignment
valid, or rejecting it and will apply the provisions of the Civil Code to this effect.

TITLE V

OF ARBITRATION PROCESSES

CAPITULO I

LAW ARBITRATION PROCESS


ARTICLE 712.- (Origin). REPEALED BY LAW 1770 OF 03/10/1997 IN ITS
ARTICLE 98, NUMBER 1. ARTICLE 713.- (Form of commitment). REPEALED BY LAW
1770 OF 03/10/1997 IN ITS ARTICLE 98, NUMBER 1. ARTICLE 714.- (Content).
REPEALED BY LAW 1770 OF 03/10/1997 IN ITS ARTICLE 98, NUMBER 1. ARTICLE
715.- (Optional clauses). REPEALED BY LAW 1770 OF 03/10/1997 IN ITS ARTICLE 98,
NUMBER 1. ARTICLE 716.- (Demand). YO.
REPEALED BY LAW 1770 OF 03/10/1997 IN ITS ARTICLE 98, NUMBER 1. ARTICLE
717.- (Appointment). YO. REPEALED BY LAW 1770 OF 03/10/1997 IN ITS ARTICLE 98,
NUMBER 1. ARTICLE 718.- (Acceptance of the position). I.- REPEALED BY LAW 1770
OF 03/10/1997 IN ITS ARTICLE 98, NUMBER 1. ARTICLE 719.- (Performance of referees).
REPEALED BY LAW 1770 OF

03/10/1997 IN ITS ARTICLE 98, NUMBER 1. ARTICLE 720.- (Recusal). YO. REPEALED
BY LAW 1770 OF 03/10/1997 IN ITS ARTICLE 98, NUMBER 1. ARTICLE 721.-
(Processing of recusal). YO. REPEALED BY LAW 1770 OF 03/10/1997 IN ITS ARTICLE
98, NUMBER 1. ARTICLE 722.- (Extinction of the commitment). REPEALED BY LAW
1770 OF 03/10/1997 IN ITS ARTICLE 98, NUMBER 1. ARTICLE 723.- (Secretary).
REPEALED BY LAW 1770 OF 03/10/1997 IN ITS ARTICLE 98, NUMBER 1.
ARTICLE 724.- (Acts of the court). YO. REPEALED BY LAW 1770 OF 03/10/1997 IN ITS
ARTICLE 98, NUMBER 1. ARTICLE 725.- (Procedure). REPEALED BY LAW 1770 OF
03/10/1997 IN ITS ARTICLE 98, NUMBER 1. ARTICLE 726.- (Execution measures).
REPEALED BY LAW 1770 OF 03/10/1997 IN ITS ARTICLE 98, NUMBER 1. ARTICLE
727.- (Sentence). REPEALED BY LAW 1770 OF 03/10/1997 IN ITS ARTICLE 98,
NUMBER 1. ARTICLE 728.- (Deadline). YO.
REPEALED BY LAW 1770 OF 03/10/1997 IN ITS ARTICLE 98, NUMBER 1. ARTICLE
729.- (Responsibility of the referees). REPEALED BY LAW 1770 OF 03/10/1997 IN ITS
ARTICLE 98, NUMBER 1. ARTICLE 730.- (Majority). YO. REPEALED BY LAW 1770 OF
03/10/1997 IN ITS ARTICLE 98, NUMBER 1. ARTICLE 731.- (Resources). REPEALED BY
LAW 1770 OF 03/10/1997 IN ITS ARTICLE 98, NUMBER 1. ARTICLE 732.- (Appeal). YO.
REPEALED BY LAW 1770 OF 03/10/1997 IN ITS ARTICLE 98, NUMBER 1. ARTICLE
733.- (Waiver of resources, Provision). YO. REPEALED BY LAW 1770 OF 03/10/1997 IN
ITS ARTICLE 98, NUMBER 1. ARTICLE 734.- (Void sentence). YO. REPEALED BY LAW
1770 OF 03/10/1997 IN ITS ARTICLE 98, NUMBER 1. ARTICLE 735.- (Competence for
resources). REPEALED BY LAW 1770 OF 03/10/1997 IN ITS ARTICLE 98, NUMBER 1.
ARTICLE 736.- (Suit pending). REPEALED BY LAW 1770 OF 03/10/1997 IN ITS
ARTICLE 98, NUMBER 1. ARTICLE 737.- (Magistrates and judges). REPEALED BY LAW
1770 OF 03/10/1997 IN ITS ARTICLE 98, NUMBER 1. ARTICLE 738.- (Execution of the
arbitration ruling). REPEALED BY LAW 1770 OF 03/10/1997 IN ITS ARTICLE 98,
NUMBER 1.
CAPITULO II

TRIAL BY ARBITRATORS OR FRIENDLY COMPOSERS

ARTICLE 739.- (Origin). YO. REPEALED BY LAW 1770 OF 03/10/1997 IN ITS ARTICLE
98, NUMBER 1. ARTICLE 740.- (Common standards). REPEALED BY LAW 1770 OF
03/10/1997 IN ITS ARTICLE 98, NUMBER 1. ARTICLE 741.- (Appointment). YO.
REPEALED BY LAW 1770 OF 03/10/1997 IN ITS ARTICLE 98, NUMBER 1. ARTICLE
742.- (Challenges). YO. REPEALED BY LAW 1770 OF 03/10/1997 IN ITS ARTICLE 98,
NUMBER 1. ARTICLE 743.- (Procedure. Character of the performance). REPEALED BY
LAW 1770 OF 03/10/1997 IN ITS ARTICLE 98, NUMBER 1. ARTICLE 744.- (Deadline).
REPEALED BY LAW 1770 OF 03/10/1997 IN ITS ARTICLE 98, NUMBER 1. ARTICLE
745.- (Nullity). YO. REPEALED BY LAW 1770 OF 03/10/1997 IN ITS ARTICLE 98,
NUMBER 1. ARTICLE 746.- (Costs and fees). YO. REPEALED BY LAW 1770 OF
03/10/1997 IN ITS ARTICLE 98, NUMBER 1.
TITLE VI

OF RESPONSIBILITY PROCESSES

CAPITULO I

RESPONSIBILITY OF MAGISTRATES AND JUDGES

ARTICLE 747.- (Types of responsibility). The responsibility of


magistrates and judges will be criminal and civil.

ARTICLE 748.- (Criminal liability). Criminal liability will arise for


crimes committed by magistrates and judges in the exercise of their functions
and will be governed by the pertinent provisions of the Political Constitution of
the State, Penal Code, Judicial Organization Law and Special Laws.

ARTICLE 749.- (Civil liability). Civil liability will proceed against the
magistrates of the Superior District Courts, the National Labor Court, the
National Mining Court and the Tax Court, and against judges who, violating
express and strict law, have ruled on a case on the merits, whether in cassation
or in the second instance. without further appeal, or in a single instance.

CAPITULO II

PROCESSING, SENTENCE AND EXECUTION

ARTICLE 750.- (Competence). It will be up to the Supreme Court of


Justice, in its respective chamber depending on the matter, to hear civil liability
proceedings filed against magistrates or judges.

ARTICLE 751.- (Demand). The injured litigant may file a liability


claim by himself or through an attorney with special power, complying with all
the requirements established by article 327.

ARTICLE 752.- (Procedure). Once the claim is presented, the


president of the respective chamber will order that the defendant court or judge
provide a report on the background of the case, and at the same time will order
the referral of the original file.

ARTICLE 753.- (Failure). With the background indicated in the


preceding article, the respective sentence will be issued with three votes in
favor. If it is acquitted, the plaintiff will be ordered to pay costs and a fine; If it is
condemnatory, it will impose compensation for damages, establishing in the
same sentence the condemnatory amount that will be paid by the judge or,
where appropriate, by the magistrates of the defendant court, jointly, within the
third day, with costs.

TITLE VII

OF THE PROCESSES AND RESOURCES PROVIDED FOR IN THE


CONSTITUTION
STATE POLICY

CAPITULO I

PROCESS OF UNCONSTITUTIONALITY OR INAPPLICABILITY

ARTICLE 754°- (Origin).- REPEALED AGAIN BY LAW 1979 OF 05/24/1999 IN ITS


ARTICLE 4. ARTICLE 755°- (Demand).- REPEALED AGAIN BY LAW 1979 OF
05/24/1999 IN ITS ARTICLE 4. ARTICLE 756°- (Procedure).- REPEALED AGAIN BY
LAW 1979 OF 05/24/1999 IN ITS ARTICLE 4.ARTICLE 757°- (Fiscal hearing and
sentence).- I.- REPEALED AGAIN BY LAW 1979 OF 05/24/ 1999 IN ITS ARTICLE 4.
CAPITULO II

HABEAS CORPUS

ARTICLE 758°- (Procedure and procedure).- REPEALED AGAIN BY LAW 1979 OF


05/24/1999 IN ITS ARTICLE 4.ARTICLE 759°- (Competence).- I.- REPEALED AGAIN BY
LAW 1979 OF 05/24/1999 IN ITS ARTICLE 4.ARTICLE 760°- (Hearing).- I.- REPEALED
AGAIN BY LAW 1979 OF 05/24/1999 IN ITS ARTICLE 4.ARTICLE 761°- (Review).-
REPEALED AGAIN BY LAW 1979 OF 24/05/1999 05/1999 IN ITS ARTICLE 4.
CAPITULO III

CONSTITUTIONAL PROTECTION

ARTICLE 762°- (Procedure and procedure).- REPEALED AGAIN BY LAW 1979 OF


05/24/1999 IN ITS ARTICLE 4.ARTICLE 763°- (Competence).- I.- REPEALED AGAIN BY
LAW 1979 OF 05/24/1999 IN ITS ARTICLE 4. ARTICLE 764 ° - (Hearing and resolution).
1979 OF 05/24/1999 IN ITS ARTICLE 4.ARTICLE 766°- (Costs and fines).- REPEALED
AGAIN BY LAW 1979 OF 05/24/1999 IN ITS ARTICLE 4.ARTICLE 767°- (Revision).-
REPEALED AGAIN BY LAW 1979 OF 05/24/1999 IN ITS ARTICLE 4.
CAPITULO IV

DIRECT APPEAL FOR NULLITY

ARTICLE 768°- (Procedure).- REPEALED BY LAW 1760 OF 02/28/1997 IN ITS THREE


SPECIAL PROVISION II.ARTICLE 770°- (Suspension of jurisdiction of the appealed
authority).- REPEALED BY LAW 1760 OF 02/28/1997 IN ITS THIRD SPECIAL
PROVISION II. ARTICLE 771°- (Tax view).- REPEALED BY LAW 1760 OF 02/28/1997 IN
ITS THIRD SPECIAL PROVISION II.ARTICLE 772°- (Resolution).- REPEALED BY LAW
1760 OF 02/28/1997 IN ITS SPECIAL PROVISION THIRD II.ARTICLE 773°- (Unfounded
appeal).- REPEALED BY LAW 1760 OF 02/28/1997 IN ITS THIRD SPECIAL PROVISION
II. ARTICLE 774°- (Annulment).- REPEALED BY LAW 1760 OF 02/28/1997 IN ITS
THIRD SPECIAL PROVISION II.
CAPITULO V

CONTENTIOUS AND RESULTING PROCESS OF CONTRACTS,


NEGOTIATIONS AND CONCESSIONS OF THE EXECUTIVE BRANCH

ARTICLE 775°- (Demand).- In all cases in which there is contention


emerging from the contracts, negotiations or concessions of the Executive
Branch, in accordance with the relevant provisions of the Political Constitution
of the State, the lawsuit will be presented before the Supreme Court of Justice
with the requirements indicated in article 327.

CHAPTER VI

ADMINISTRATIVE CONTENTIOUS PROCESS TO WHICH THEY GIVE


PLACE
THE RESOLUTIONS OF THE EXECUTIVE BRANCH

Article 779º.- (Lawsuit).- The lawsuit will be filed before the Supreme Court of Justice with all the
requirements established by article 327º.
The Decree or Supreme Resolution that will be challenged will be
specifically indicated.

CHAPTER VII

PROCESS AGAINST RESOLUTIONS OF THE LEGISLATIVE POWER OR


OF
ONE OF ITS CAMERAS

ARTICLE 782°- (Origin).- I.- REPEALED AGAIN BY LAW 1979 OF 05/24/1999 IN ITS
ARTICLE 4.ARTICLE 783°- (Procedure and sentence).- REPEALED AGAIN BY LAW 1979
OF 05/24/1999 IN ITS ARTICLE 4.
CHAPTER VIII

APPEAL AGAINST ILLEGAL TAXES

ARTICLE 784°- (Origin).- REPEALED AGAIN BY LAW 1979 OF 05/24/1999 IN ITS


ARTICLE 4. ARTICLE 785°- (Request).- REPEALED
AGAIN BY LAW 1979 OF 05/24/1999 IN ITS ARTICLE 4.ARTICLE 786°- (Procedure and
resolution).- I.- REPEALED AGAIN BY LAW 1979 OF 05/24/1999 IN ITS ARTICLE 4.
TITLE VIII

FINAL PROVISIONS

SINGLE CHAPTER

SPECIAL PROVISIONS

ARTICLE 787°- (Pronouncement of resolutions and formation of


the book of opinions). - The originals of the sentences and final orders, as
well as other resolutions, may be handwritten or written by mechanical means.
Their copies, duly signed by the judge or the members of the collegiate court,
signed by themselves on each page and authorized by the secretary or actuary,
and sealed with the respective seals, will be filed in chronological succession
with the corresponding order number and must comply with them the copier or
reasoning book.

ARTICLE 788°- (Validity of this Code).- This Code will govern from
April 2, 1976.

ARTICLE 789°- (Abrogatory).- As of the effective date of this Code,


the Santa Cruz Code of Procedure of November 14, 1832, the Compilation of
Civil Procedure Laws, promulgated by Law of February 20, 1832, will be
repealed. 1878 and declared in force by Supreme Decree of July 16, 1878, and
all amending laws and those that are contrary to the provisions of this Code.

TRANSITIONAL PROVISION

ARTICLE 790°- (Matters in progress).- The processes that are in


process when this Code comes into effect will be governed by the previous
laws and provisions, except for the provisions of book I, title IV, chapter III and
IV of this Code, which will be applied sixty days after its validity.

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