LAW 12760 Code of Civil Procedure BOLIVIA
LAW 12760 Code of Civil Procedure BOLIVIA
FIRST BOOK
TITLE I
CHAPTER I
JUDGE
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.
4) Anyone who does not have a known address may be sued in the
place where they are found.
CHAPTER III
CONFLICT OF COMPETENCES
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.
CAPITULO IV
PROCESSING OF EXCUSES
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declared illegal).- REPEALED BY LAW 1760 OF 02/28/1997 IN ITS THIRD SPECIAL
PROVISION II.ARTICLE 30°- (Radicatory of process).- REPEALED BY LAW 1760 OF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judges).- REPEALED BY LAW 1760 OF 02/28/1997 IN ITS THIRD SPECIAL PROVISION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
OF THE PARTS
CAPITULO I
III. If the incapacitated person does not have a guardian, the judge,
once that period has expired, will
will appoint one ad litem.
REPRESENTATION
4) For having concluded the cause for which the power was
granted.
III. Once the unification has occurred, the sole representative will
have,
With respect to its principals, all the powers inherent to the mandate.
CAPITULO III
REBELLION
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.
CAPITULO IV
EVICTION CITATION
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.
FREE BENEFIT
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.
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.
TITLE III
OF PROCEDURAL ACTS
CAPITULO I
PROCEDURAL RULES
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.
CAPITULO II
WRITINGS
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.
CAPITULO III
HEARINGS
3) The notification will imply a warning to hold the hearing with any
of the concurrent 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.
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.
CHAPTER IV
FILES
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:
II.- In the cases provided for in the last two paragraphs, the judge will
set
the period within which they must be returned.
COMMISSIONS
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:
CHAPTER VI
SECTION I
CITATION
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.
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.
ARTICLE 126°- (Content of the edict).- The edict will contain the
following data:
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 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.
2) It will interrupt the prescription and cause the effects provided for
by the Civil Code.
5) It will oblige the possessor to return the fruits received after the
summons.
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.
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;
3) The one that will declare the question of pure law and the one
that will order the opening of evidence.
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.
CAPITULO VII
PROCEDURAL DEADLINES
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.
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 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.
CAPITULO VIII
INCIDENTS
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
1) Preventive note.
2) Preventive embargo.
3) Kidnapping.
4) Intervention.
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.
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.
II.- The judge, when ordering the kidnapping, will appoint a depositary
with the
responsibilities established by law.
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.
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.
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.
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.
CHAPTER X
NON-ATTACHABILITY OF GOODS
4) The items for personal use of the debtor or the family that lives
under their protection and protection.
CAPITULO XI
CONCILIATION
CAPITULO XII
PECUNIARY SANCTIONS
TITLE IV
OF JUDICIAL RESOLUTIONS
CAPITULO I
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.
CAPITULO II
JUDGMENT
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 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.
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 .- Once the parties have been notified with the appraisal, they may
complain about it.
within twenty-four hours.
CHAPTER III
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.
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.
CAPITULO II
REPLENISHMENT RESOURCE
CAPITULO III
APPEAL
II.- These deadlines are fatal and will be computed from the
notification with the sentence or order.
CHAPTER IV
ARTICLE 231°- (Filing and legal address).- Once the file is received
by the judge or court of appeal, its filing will be decreed.
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:
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.
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 237°- (Forms of resolution and costs).- I.- The hearing order may
be:
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.
CAPITULO V
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 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.
CAPITULO VI
CASSATION APPEAL
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.
5) On appeal withdrawn.
CHAPTER VII
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.
1) When the appeal has been filed after the term has expired.
3) When the appeal is not provided for in the cases indicated by article 255.
2) Declaring it unfounded.
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.
CHAPTER VIII
COMPULSE
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.
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.
II.- The assessment of costs, their payment and the fine, are
They will be effective for the lower one.
CHAPTER X
TITLE VI
CAPITULO I
WITHDRAWAL
PERENSION
CAPITULO III
TRANSACTION
BOOK TWO
OF KNOWLEDGE PROCESSES
TITLE I
GENERAL DISPOSITION
CAPITULO I
CLASSES
PREPARATORY MEASURES
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.
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.
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.
TITLE II
CHAPTER I
DEMAND
3) The name, address and general information of the plaintiff or the legal
representative if it is a legal entity.
6) The facts on which it will be based, stated with clarity and precision.
CHAPTER II
EXCEPTIONS
1) Incompetence.
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.
7) Juged thing.
8) Transaction.
10) Conciliation.
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.
CAPITULO III
REPLY
3) State clearly and precisely the facts that you will allege as the
basis of your defense.
CAPITULO IV
COUNTERCLAIM
IV. Once these requirements have been met, the process will be
concluded.
orders must be issued for sentencing.
CHAPTER V
THIRD PARTY
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.
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.
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.
II. In which I declare proven the third party will be ordered to pay
costs
to the main plaintiff or executor.
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 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.
1) Documents.
2) The confession.
4) The expertise.
5) The witnessing.
6) The presumptions.
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.
2) That the files or offices that contain the documents are located
abroad.
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.
In this case, the period for issuing a ruling will be suspended for the days
required to produce the evidence.
SECTION II
DOCUMENTARY EVIDENCE
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.
SECTION III
CONFESSION
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.
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.
2) Civil status.
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.
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.
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.
1) Be of age.
It will have the same effect as the judicial one in cases where the evidence of
witnesses is admissible.
SECTION IV
JUDICIAL 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.
SECTION V
EXPERTISE
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.
III .- The judge will set the points of expertise, and may add others or
eliminate those that you consider inappropriate or superfluous.
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.
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.
IV.- The negligence of one of the experts will not excuse the others,
who must carry out the procedures and rule within the deadline.
II .- For these purposes, you may order that the experts appear and
witnesses.
V .- The judge may also call the experts to his office and
ask them verbally or in writing for clarifications of the case.
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
6) The close friend of the party that presented him or the manifest
enemy of the adverse party.
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.
II.- Those who have any impediment will let the judge know
until before the hearing.
II.- The person requested may not deny the permit, under the
injunction of
law.
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.
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.
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.
SECTION VII
PRESUMPTIONS
TITLE III
CAPITULO I
SUMMARY PROCESS
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.
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.
THIRD BOOK
OF EXECUTION PROCESSES
TITLE I
OF THE EXECUTIVE PROCESS
CHAPTER I
1) Public documents.
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. 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.
CHAPTER II
PAYMENT INTIMATION
III .- The provisions of this article and the previous one will also govern
executions for collection of rents and common expenses.
CHAPTER III
EMBARGO
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.
5) Amount owed.
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.
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.
EXCEPTIONS
1) Incompetence.
6) Prescription.
7) Documented payment.
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.
CAPITULO V
JUDGMENT
11. The appeal proceeds against the sentence and the hearing
order will not admit an appeal.”
CAPITULO VI
THIRD PARTY
TITLE II
CHAPTER I
EXECUTION OF SENTENCE
TITLE II
SINGLE CHAPTER
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.
CHAPTER II
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.
Also, the creditor, instead of the due benefit, will have the option
of requesting compliance with equivalent damages liquidated
through incidental means.
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.”
I. When promoting execution, the creditor may request precautionary measures appropriate
to his right.
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.
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.
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.
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.”
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 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.
1) Property taxes.
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.
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.
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.
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.
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 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.
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.
CAPITULO III
RESULTS BOND
CAPITULO IV
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.
FOURTH BOOK
OF SPECIAL PROCESSES
TITLE I
CAPITULO I
GENERAL DISPOSITION
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.
CAPITULO II
COMPETITION NECESSARY
CAPITULO III
VOLUNTARY COMPETITION
OF INTERDICTS
CAPITULO I
GENERAL DISPOSITION
1) Acquire possession.
2) Retain possession.
3) Recover possession.
ARTICLE 594°- (Costs).- In all cases, the losing party will be ordered
to pay costs.
CAPITULO II
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. .
CAPITULO III
Upon admitting the claim, the judge will open an evidentiary period of
eight days.
CAPITULO IV
II.- Likewise, it will provide for the recognition of the work or thing by
experts, for which purpose one may be appointed ex officio.
II.- The losing party will be ordered to pay costs and damages.
and damages.
TITLE III
OF THE EVICTION
HOUSING EVICTION
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.
9) When the tenant gives the property a use other than that for
which it was rented.
ARTICLE 628°- (Deadlines for eviction).- The judge will grant the
following deadlines for eviction:
CAPITULO II
CAPITULO III
LAUNCH
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
4) The inventories.
7) Pay accounts.
CAPITULO II
DECLARATION OF HEIRS
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
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.
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.
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.
II.- Compliments the legal requirements the judge will arrange the
notarization of the will and relevant documents in a public notary.
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 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.
CAPITULO V
INVENTORIES
CAPITULO VI
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.
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.
CAPITULO VII
III. The detailed and witnessed record will be added to the titles
of the parts.
CAPITULO VIII
ACCOUNTABILITY
CHAPTER IX
DECLARATION OF ABSENCE
PRESUMPTION OF DEATH
CHAPTER X
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
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.
TITLE V
OF ARBITRATION PROCESSES
CAPITULO I
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
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
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
TITLE VII
CAPITULO I
HABEAS CORPUS
CONSTITUTIONAL PROTECTION
CHAPTER VI
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
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
FINAL PROVISIONS
SINGLE CHAPTER
SPECIAL PROVISIONS
ARTICLE 788°- (Validity of this Code).- This Code will govern from
April 2, 1976.
TRANSITIONAL PROVISION