CIVIL PROCEDURE CODE OF PERU

CIVIL PROCEDURE CODE OF PERU


Updated as of February 2021.


Through Legislative Decree 768, dated March 4, 1992, the Civil Procedure Code was promulgated. Subsequently, through Ministerial Resolution 010-93-JUS, the publication of the Single Ordered Text of the Civil Procedure Code, promulgated on January 8, 1993 and published on April 22 of the same year, was authorized.


 


SINGLE ORDERED TEXT OF THE CIVIL PROCEDURE CODE


MINISTERIAL RESOLUTION No. 010-93-JUS


Lima, January 8, 1993


 


CONSIDERING:


 


That, by Legislative Decree No. 768, dated March 4, 1992, the Civil Procedure Code was promulgated;


 


That, by Decree Law No. 25940, dated December 10, 1992, the Civil Procedure Code was modified; and it is provided in Article 8 of this Decree Law, that by Ministerial Resolution of the Justice Sector, the publication of the Single Ordered Text of the Civil Procedure Code is authorized and provided, containing the errata and modifications made in its text;


 


In accordance with the provisions of Legislative Decree No. 560 and Articles 6 and 8 of Decree Law No. 25993, Organic Law of the Justice Sector;


 


RESOLVED:


 


Article 1.- Authorize the publication of the Single Ordered Text of the Civil Procedure Code promulgated by Legislative Decree No. 768.


 


Article 2.- Provide that said Single Ordered Text be published in a special reprint of the Official Gazette "El Peruano".


 


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FERNANDO VEGA SANTA GADEA


Justice minister


 


Content


PRELIMINARY TITLE


 


SECTION ONE: JURISDICTION, ACTION AND JURISDICTION


 


TITLE I: Jurisdiction and action (Article 1 to 4)


 


TITLE II: Competition


Chapter I: General Provisions (Article 5 to 34)


Chapter II: Questioning of jurisdiction (Article 35 to 46)


Chapter III: International jurisdiction (Article 47)


 


SECTION TWO: SUBJECTS OF THE PROCESS


 


TITLE I: Judicial bodies and their auxiliaries (Article 48 to 56)


Chapter I: Courts and Courts (Article 48 to 49)


Chapter II: Duties, powers and responsibilities of the judges in the process (Article 50 to 53)


Chapter III: Jurisdictional assistants and judicial aid bodies (Article 54 to 56)


 


TITLE II: Appearance to the process (Article 57 to 112)


Chapter I: General Provisions (Article 57 to 62)


Chapter II: Procedural representation (Article 63 to 67)


Chapter III: Legal Representative (Article 68 to 79)


Chapter IV: Legal representation by lawyer, Informal Procurement and Representation of diffuse interests (Article 80 to 82)


Chapter V: Accumulation (Article 83 to 91)


Chapter VI: Joint Venture (Article 92 to 96)


Chapter VII: Third Party Intervention, Extrusion and Procedural Succession (Article 97 to 108)


Chapter VIII: Duties and responsibilities of the parties, their lawyers and their attorneys in the process (Article 109 to 112)


 


TITLE III: Public Ministry (Article 113 to 118)


 


SECTION THREE: PROCEDURAL ACTIVITY


 


TITLE I: Form of procedural acts (Article 119 to 135)


Chapter I: Procedural acts of the judge (Article 119 to 128)


Chapter II: Procedural acts of the parties (Article 129 to 135)


 


TITLE II: Formation of the file (Article 136 to 140)


 


TITLE III: Time in procedural acts (Article 141 to 147)


 


TITLE IV: Official letters and letters of warrant (Article 148 to 154)


 


TITLE V: Notifications (Article 155 to 170)


 


TITLE VI: Nullity of procedural acts (Article 171 to 178)


 


TITLE VII: Legal aid (Article 179 to 187)


 


TITLE VIII: Evidence (Article 188 to 304)


Chapter I: General provisions (Article 188 to 201)


Chapter II: Hearing of evidence (Article 202 to 212)


Chapter III: Declaration of parties (Article 213 to 221)


Chapter IV: Statement of witnesses (Article 222 to 232)


Chapter V: Documents (Article 233 to 261)


Chapter VI: Expertise (Article 262 to 271)


Chapter VII: Judicial Inspection (Article 272 to 274)


Chapter VIII: Substitutes for the evidence (Article 275 to 283)


Chapter IX: Advance test (Article 284 to 299)


Chapter X: Evidentiary issues (Article 300 to 304)


 


TITLE IX: Impediments, challenge, excuse and abstention (Article 305 to 316)


 


TITLE X: Interruption, suspension and conclusion of the process (Article 317 to 322)


 


TITLE XI: Special forms of conclusion of the process (Article 323 to 354)


Chapter I: Conciliation (Article 323 to 329)


Chapter II: Search and Recognition (Article 330 to 333)


Chapter III: Judicial settlement (Article 334 to 339)


Chapter IV: Withdrawal (Article 340 to 345)


Chapter V: Abandonment (Article 346 to 354)


 


TITLE XII: Challenge means (Article 355 to 405)


Chapter I: General provisions (Article 355 to 361)


Chapter II: Replacement (Article 362 to 363)


Chapter III: Appeal (Article 364 to 383)


Chapter IV: Cassation (Article 384 to 400)


Chapter V: Complaint (Article 401 to 405)


 


TITLE XIII: Clarification and correction of resolutions (Article 406 to 407)


 


TITLE XIV: Consultation (Article 408 to 409)


 


TITLE XV: Costs and Costs (Article 410 to 419)


 


TITLE XVI: Fines (Article 420 to 423)


 


SECTION FOUR: APPLICATION OF THE PROCESS


 


TITLE I: Demand and location (Article 424 to 441)


 


TITLE II: Answer and counterclaim (Article 442 to 445)


 


TITLE III: Exceptions and previous defenses (Article 446 to 457)


 


TITLE IV: Rebellion (Article 458 to 464)


 


TITLE V: Sanitation of the process (Article 465 to 467)


 


TITLE VI: Conciliatory Hearing or the establishment of controversial points and proofreading (Article 468 to 472)


 


TITLE VII: Advance trial of the process (Article 473 to 474)


Chapter I: Advance trial of the process (Article 473)


Chapter II: Early conclusion of the process (Article 474)


 


SECTION FIVE: CONTENTIOUS PROCESSES


 


TITLE I: Knowledge Process (Article 475 to 485)


Chapter I: General provisions (Article 475 to 479)


Chapter II: Special Provisions (Article 480 to 485)


 


TITLE II: Abbreviated Process (Article 486 to 545)


Chapter I: General provisions (Article 486 to 494)


Chapter II: Special provisions (Article 495 to 545)


 


TITLE III: Summary Process (Article 546 to 607)


Chapter I: General provisions (Article 546 to 559)


Chapter II: Special Provisions (Article 560 to 607)


 


TITLE IV: Precautionary Process (Article 608 to 687)


Chapter I: Precautionary measures (Article 608 to 639)


Chapter II: Specific precautionary measures (Article 640 to 687)


 


TITLE V: Enforcement Processes (Article 688 to 739)


Chapter I: General provisions (Article 688 to 692)


Chapter II: Executive process (Article 693 to 712)


Chapter III: Process of execution of judicial decisions (Article 713 to 719)


Chapter IV: Guarantee enforcement process (Article 720 to 724)


Chapter V: Forced Execution (Articles 725 to 739)


 


SECTION SIX: NON-CONTENTIOUS PROCESSES


 


TITLE I: General Provisions (Article 740 to 762)


 


TITLE II: Special Provisions (Article 763 to 840)


 


SUPPLEMENTARY PROVISIONS - FINAL PROVISIONS


 


TRANSITORY DISPOSITIONS


 


AMENDING PROVISIONS


 


REPEALING PROVISIONS


 


PRELIMINARY TITLE


Article I.- Right to effective judicial protection


Everyone has the right to effective judicial protection for the exercise or defense of their rights or interests, subject to due process.


 


Article II.- Principles of Direction and Promotion of the process


The direction of the process is in charge of the Judge, who exercises it in accordance with the provisions of this Code.


 


The judge must drive the process himself, being responsible for any delay caused by his negligence. The cases expressly indicated in this Code are exempted from the ex officio impulse.


 


Article III.- Purposes of the process and integration of the procedural norm


The Judge must attend to the fact that the specific purpose of the process is to resolve a conflict of interest or eliminate an uncertainty, both with legal relevance, making substantial rights effective, and that its abstract purpose is to achieve social peace in justice.


 


In the event of a gap or defect in the provisions of this Code, the general principles of procedural law and the corresponding doctrine and jurisprudence must be resorted to, taking into account the circumstances of the case.


 


Article IV.- Principles of Party Initiative and Procedural Conduct


The process is promoted only at the initiative of a party, which will invoke interest and legitimacy to act. They are not required to be invoked by the Public Ministry, the unofficial attorney or whoever defends diffuse interests.


 


The parties, their representatives, their attorneys and, in general, all the participants in the process, adapt their conduct to the duties of truthfulness, probity, loyalty and good faith.


 


The Judge has the duty to prevent and punish any illegal or delaying conduct.


 


Article V.- Principles of Immediation, Concentration, Economy and Speed ​​of Proceedings


The hearings and the performance of evidentiary means are carried out before the Judge, being non-delegable under penalty of nullity. Procedural actions by commission are excepted.


 


The process is carried out ensuring that its development occurs in the least number of procedural acts.


 


The judge directs the process tending to a reduction of procedural acts, without affecting the imperative nature of the actions that require it.


 


The procedural activity is carried out diligently and within the established deadlines, and the Judge, through the assistants under his direction, must take the necessary measures to achieve a prompt and effective solution of the conflict of interest or legal uncertainty.


 


Article VI.- Principle of Socialization of the Process


The Judge must prevent inequality between people for reasons of sex, race, religion, language or social, political or economic condition, affecting the development or outcome of the process.


 


Article VII.- Judge and Law


The Judge must apply the law that corresponds to the process, even if it has not been invoked by the parties or has been wrongly. However, it cannot go beyond the petition or base its decision on facts other than those alleged by the parties.


 


Article VIII.- Principle of Gratuity in access to justice


Access to the justice service is free, without prejudice to the payment of costs, costs and fines established in this Code and administrative provisions of the Judicial Power.


 


Article IX.- Principles of Bonding and Formality


The procedural norms contained in this Code are mandatory, unless permissive regulation to the contrary.


 


The formalities provided for in this Code are mandatory.


 


However, the judge will adapt his demand to achieve the purposes of the process. When a specific formality is not indicated for the performance of a procedural act, it will be considered valid regardless of the employee.


 


Article X.- Principle of Double Instance


The process has two instances, except for different legal provisions.


 


SECTION ONE: JURISDICTION, ACTION AND JURISDICTION


TITLE I: JURISDICTION AND ACTION


Article 1.- Bodies and scope of the civil jurisdictional power


The jurisdictional power of the State in civil matters is exercised exclusively by the Judicial Power. The jurisdictional function cannot be delegated and its scope covers the entire territory of the Republic.


 


Article 2.- Exercise and scope


Due to the right of action, every subject, in exercise of their right to effective judicial protection and directly or through a legal representative or attorney-in-fact, may appeal to the court requesting the solution to an intersubjective conflict of interest or legal uncertainty.


 


As the holder of the right to effective judicial protection, the person summoned in a civil proceeding has the right of contradiction.


 


Article 3.- Regulation of the rights of action and contradiction


The rights of action and contradiction in civil procedural matters do not admit limitation or restriction for their exercise, without prejudice to the procedural requirements provided for in this Code.


 


Article 4.- Consequences of the irregular exercise of the right of civil action.


After a resolution process that dismisses the claim, if the defendant considers that the exercise of the right of action was irregular or arbitrary, he can demand compensation for the damages that he has suffered, without prejudice to the payment by the malicious litigant of the costs. , costs and fines established in the finished process.


 


TITLE II: JURISDICTION


Chapter I: General Provisions


Article 5.- Civil jurisdiction


It corresponds to the civil jurisdictional bodies to know everything that is not attributed by law to other jurisdictional bodies.


 


Article 6.- Principle of legality and inalienability of competition


Competition can only be established by law.


 


Civil jurisdiction cannot be waived or modified, except in those cases expressly provided for in the law or in the respective international agreements.


 


Article 7.- Indelegability of the competition


No Civil Judge can delegate to another the competence that the law attributes to him. However, it can commission another to carry out legal actions outside its area of ​​territorial jurisdiction.


 


Article 8.- Determination of jurisdiction


Competition is determined by the factual situation existing at the time of filing the claim or request and may not be modified by changes in fact or law that occur later, unless the law expressly provides otherwise.


 


Article 9.- Competence by subject


The jurisdiction by reason of the matter is determined by the nature of the claim and by the legal provisions that regulate it.


 


Article 10.- Competition by amount


Competition by reason of the amount is determined according to the economic value of the request in accordance with the following rules:


 


1. In accordance with what is expressed in the claim, without admitting opposition to the defendant, unless otherwise provided by law; and


 


2. If it appears from the claim or its annexes that the amount is different from that indicated by the plaintiff, the Judge, ex officio, will make the corresponding correction and, if applicable, will deny its knowledge and send it to the Judge competent.


 


Article 11.- Calculation of the amount


To calculate the amount, the value of the main object of the claim, the fruits, interest and expenses, damages and losses, and other items accrued at the time of filing the claim, but not future ones, is added.


 


If a claim includes several claims, the amount is determined by the sum of the value of all. In the case of subordinate or alternative claims, only the one with the highest value will be attended to.


 


If there are several defendants, the amount is determined by the total value of the defendant.


 


Article 12.- Amount in claims on property


In claims relating to real property rights, the amount is determined based on the value of the property in force on the date of filing of the claim.


 


However, the Judge will determine the amount of what appears in the claim and its eventual annex. If these do not offer elements for their estimation, the criterion of the amount will not be applied and the Civil Judge will be competent.


 


Article 13.- Costs, costs and fine for excess in the amount


If, as a result of a manifest alteration of the amount, a challenge to the competition is declared well founded, the plaintiff will pay the costs, costs and a fine of no less than one nor more than five Procedural Reference Units.


 


Article 14.- Demand against a natural person


When a natural person is sued, the Judge of the place of their domicile is competent, unless otherwise provided by law.


 


If the defendant resides in several places, he can be sued in any of them.


 


If the defendant lacks domicile or this is unknown, the Judge of the place where he is or that of the plaintiff's domicile is competent, at the latter's choice.


 


If the defendant resides abroad, the Judge of the place of the last domicile he / she had in the country is competent.


 


If, due to the nature of the claim or another analogous cause, jurisdiction cannot be determined by reason of degree, the Civil Judge is competent.


 


Article 15.- Passive subjective accumulation


Being two or more defendants, the judge of the place of domicile of any of them is competent.


 


Article 16.- Subjective accumulation of claims


When, for connection reasons, several claims are demanded against several defendants, the Judge of the domicile of any of them will be competent.


 


Article 17.- Demand against a legal person


If a legal person is sued, the Judge of the domicile where it has its main headquarters is competent, unless otherwise provided by law.


 


In case of having branches, agencies, establishments or duly authorized representatives in other places, it may be sued, at the option of the plaintiff, before the Judge of the domicile of the main headquarters or that of any of said addresses where the event that motivates occurred the claim or where the claim claimed would be enforceable.


 


Article 18.- Irregular legal person


In the case of lawsuits against unregistered associations, foundations, committees and companies or any other entity whose constitution, registration or operation is irregular, the Judge of the place where they carry out the activity that motivates the demand or request is competent.


 


The same rule applies in case of directly sued its representative, administrator, director or other subject for acts carried out on behalf of the legal person.


 


Article 19.- Succession matters


In inheritance matters, the Judge of the place where the deceased had his last domicile in the country is competent. This competition is non-extendable.


 


Article 20.- Expropriation


In the case of registered property, the Judge of the place where the property right is registered is competent.


 


If the expropriation concerns unregistered assets, the place where the asset is located is competent, applying, where appropriate, the provisions of article 24, paragraph 1.


 


Article 21.- Regulation of legal capacity


In matters of parental authority, guardianship, curatorship and designation of support, whether or not it is contentious matters, the Judge of the place where the people with disabilities are located and those contemplated in articles 43 and 44 of the civil code are competent.


 


Article 22.- Repealed.


Article 23.- Non-contentious process


In the non-contentious process, the Judge of the place of residence of the person who promotes it or in whose interest it is promoted is competent, except for legal provision or agreement to the contrary.


 


Article 24.- Optional jurisdiction


In addition to the Judge of the defendant's domicile, it is also competent, at the plaintiff's choice:


 


1. The Judge of the place where the property or property is located in the case of claims on real rights. The same rule governs the processes of retraction, supplementary title, acquisitive prescription and rectification or delimitation of areas or boundaries, expropriation, eviction, guardianship and designation of support. If the claim concerns several properties located in different places, the Judge of any of them will be competent;


 


2. The Judge of the last conjugal domicile, in the case of nullity of marriage, patrimonial regime of marriage, separation of bodies, divorce and parental authority;


 


3. The Judge of the plaintiff's domicile in the maintenance claims;


 


4. The Judge of the place indicated for the fulfillment of the obligation;


 


5. The Judge of the place where the damage occurred, in the case of claims for compensation for extra-contractual liability;


 


6. The Judge of the place where the event generating the obligation was carried out or should have been carried out, in the case of benefits derived from business management, undue enrichment, unilateral promise or undue payment; and


 


7. The Judge of the place where the administration of common or foreign assets is carried out at the time of filing the demands for rendering, approval or disapproval of accounts or management reports.


 


Article 25.- Conventional extension of territorial jurisdiction


The parties may agree in writing to submit to the territorial jurisdiction of a judge other than the corresponding one, unless the law declares it non-extendable.


 


Article 26.- Tacit extension of territorial jurisdiction


There is a tacit extension of jurisdiction for the plaintiff for the fact of filing the claim and for the defendant for appearing at the process without making a reservation or allowing the term to elapse without questioning the jurisdiction.


 


Article 27.- State jurisdiction


The competent judge is that of the place where the office or division of the Central, Regional, Departmental, Local Government or entity of public law that would have given rise to the act or fact against which the claim is based has its headquarters.


 


When the conflict of interest had its origin in a legal relationship under private law, the general rules of competition apply.


 


The same rules apply when the lawsuit is filed against an autonomous constitutional body or against a public official who has acted in the use of his powers or exercise of his functions.


 


Article 28.- Determination of functional competence


Functional competence is subject to the provisions of the Constitution, the Organic Law of the Judiciary and this Code.


 


Article 29.- Prevention cases


Prevents the judge who summons the defendant in the first place. In the event of a plurality of defendants in the same or in different processes, the court that made the first summons warns.


 


Article 30.- Effects of prevention


Prevention makes the jurisdiction of the Judge exclusive in those cases in which, by provision of the law, there are several Judges who could hear the same matter.


 


Article 31.- Prevention of functional competence


In the first instance, prevention is only appropriate for reasons of territory.


 


In the second instance, the court that first knows the process prevents. This knowledge is made by making the first notification.


 


Article 32.- Warranty, accessory and complementary claims


The Judge of the main claim is competent to know the guarantee claim, as well as the accessory, complementary or derived claim from another previously raised, although considered individually they do not reach or exceed the limit of the amount established for the jurisdiction of the Judge or of its territorial jurisdiction.


 


Article 33.- Precautionary measure and advance evidence


It is competent to issue a precautionary measure before the initiation of the process and for the performance of the anticipated test, the competent Judge by reason of degree to know the next lawsuit to be filed.


 


Article 34.- Execution processes


The execution processes are subject to the general rules on competition, except for a different provision of this Code.


 


Chapter II: Questioning of Competition


Article 35.- Incompetence


Incompetence due to matter, amount, grade, shift and territory, the latter when it is non-extendable, will be declared ex officio when qualifying the claim or exceptionally in any state and degree of the process, without prejudice to the fact that it may be invoked as an exception.


 


Article 36.- Effects of incompetence


Without prejudice to what is stated in article 35, the judge when declaring his incompetence does so in a duly motivated resolution and orders the immediate referral of the file to the court that he considers competent.


 


If, in the cases indicated in article 35, the judge to whom the process is referred is declared incompetent, the following rules are observed:


 


1. In the case of a conflict over the matter, the process is referred to the superior court of the specialty. If the jurisdictional bodies in conflict belong to different judicial districts, it is referred to the corresponding chamber of the Supreme Court.


 


2. In the case of the amount, the process will be sent to the Civil Chamber of the corresponding Superior Court.


 


3. In the case of the territory, the process is sent to the corresponding Civil Chamber of the Superior Court or the Supreme Court, as appropriate.


 


Article 37.- Exclusive questioning


The competence of the Legal and Peace Justices of the Peace is only questioned by exception.


 


Article 38.- Competition competition


Relative territorial incompetence can be invoked, exclusively, as an exception or as a contest. The competition of jurisdiction is filed before the Judge that the defendant considers competent, within five days of being summoned and offering the pertinent evidence.


 


The Judge will reject outright the proposed contest extemporaneously or when it is manifestly inadmissible or reckless. When the recklessness consists in the artificial creation of a territorial jurisdiction, the responsible party will be sentenced to pay the maximum amount of the fine provided for in article 46, and the Judge, ex officio or at the request of a party, will officiate the Public Ministry, if the case.


 


If the Judge admits the dispute, he will officiate to the Judge of the claim, asking him to refrain from knowing it and requesting, in addition, the remission of the file.


 


A certified copy of the contention document, its annexes, the admissible resolution and any other action produced are attached with the official letter. In addition to the office, the Judge of the contest will give immediate notice by fax or other suitable means.


 


Article 39.- Acknowledgment of incompetence


If the official letter and its annexes have been received, the Judge of the claim considers that the Judge of the dispute is competent, he will send the file to him so that he knows about the process. This decision is unchallenged.


 


Article 40.- Conflict of jurisdiction


If the Judge of the claim is considered competent, he will suspend the process and send all the proceedings, including the principal, to the superior who must resolve the competence, officiating the Judge of the contest.


 


Article 41.- Resolution of the dispute before the superior


The competition for jurisdiction between Civil Judges of the same judicial district is settled by the Civil Chamber of the corresponding Superior Court. In all other cases, it is adjudicated by the Civil Chamber of the Supreme Court.


 


The superior will settle the dispute within five days of receiving the proceedings, without processing and without granting the oral report. The order that resolves the dispute orders the referral of the file to the Judge declared competent, with the knowledge of the other Judge.


 


Article 42.- Preservation of precautionary effectiveness


The precautionary measure granted by the Judge of the claim, before receiving the official letter from the Judge of the dispute, retains its effectiveness even if the process is suspended. Suspended the process, no precautionary measures will be granted.


 


Article 43.- Continuation of the main process.


Once the file has been received, the competent judge will continue the process of the process, re-granting the term to answer the claim.


 


Article 44.- Validation of the precautionary measure


At the request of the party, and provided that the competition was decided in favor of the Judge of the contest, he must carry out, as Judge of the first degree, a re-examination of the budgets of the pre-existing precautionary measure. The request for re-examination is appropriate when the measure has not been appealed, or when the party has withdrawn from said appeal.


 


Article 45.- Costs and costs


If the incident is resolved in favor of the Judge of the contest, the costs and costs must be paid by the plaintiff. If it is decided in favor of the Judge of the claim, they will be paid by whoever promoted the contest.


 


Article 46.- Fines


The party that, in bad faith, promotes a dispute will be sentenced by the adjudicating court to a fine of not less than five nor more than fifteen Procedural Reference Units.


 


Chapter III: International jurisdiction


Article 47.- Jurisdiction of the Peruvian Judge


The Peruvian Judge is competent to hear the processes in the cases indicated in Title II of Book X of the Civil Code.


 


SECTION TWO: SUBJECTS OF THE PROCESS


TITLE I: JUDICIAL BODIES AND THEIR ASSISTANTS


Chapter I: Courts and Courts


Article 48.- Purpose


The functions of the Judge and his assistants are of Public Law. They carry out joint work aimed at making the purpose of the process effective. Failure to comply with their duties is sanctioned by law.


 


Article 49.- Judicial bodies in the civil area


Civil justice is exercised by the Justices of the Peace, Lawyers, Civil Justices, Superior Courts and the Supreme Court.


 


Chapter II: Duties, powers and responsibilities of the Judges in the process


Article 50.- Duties


The duties of the Judges in the process are:


 


1. Direct the process, ensure its rapid solution, adopt the appropriate measures to prevent its paralysis and ensure procedural economy;


 


2. Make the equality of the parties effective in the process, using the powers that this Code grants them;


 


3. Issue the resolutions and carry out the procedural acts on the scheduled dates and in the order that they enter the office, except legal priority or other justified cause;


 


4. Decide on the conflict of interest or legal uncertainty, even in cases of emptiness or defect of the law, a situation in which the general principles of law, doctrine and jurisprudence will apply;


 


5. Punish the lawyer or the party acting in the process with fraud or fraud; To substantiate the cars and judgments, under penalty of nullity, respecting the principles of hierarchy of the norms and that of consistency.


 


6. To substantiate the cars and the judgments, under penalty of nullity, respecting the principles of hierarchy of the norms and that of consistency.


 


The judge who initiates the hearing of evidence will conclude the process, unless it was promoted or separated. The substitute judge will continue the process, but may order, in a duly motivated resolution, that the hearings be repeated, if he considers it essential.


 


Article 51.- Generic powers


The Judges are empowered to:


 


1.- Adapt the demand to the procedural route that it considers appropriate, provided that its adaptation is feasible;


 


2.- Order the necessary procedural acts to clarify the controversial facts, respecting the right of defense of the parties;


 


3.- Order in any instance the personal appearance of the parties, in order to interrogate them about the disputed facts. The parties may concur with their attorneys;


 


4.- To reject liminarily the request that reiterates another one proposed by any litigant and for the same reason, or when, despite being based on a different reason, it could be alleged when the previous one was promoted;


 


5.- Order, if they deem it appropriate, at the request of the party and at the expense of the expired party, the publication of the operative part of the final decision in a means of communication designated by him, if this can contribute to repair the injury derived from the publicity that has been given to the process;


 


6.- Exercise the freedom of expression provided for in Article 2, paragraph 4., of the Political Constitution of Peru, subject to the provisions of the Organic Law of the Judiciary; and


 


7.- Exercise the other powers established by this Code and the Organic Law of the Judicial Power.


 


Article 52.- Disciplinary powers of the Judge


In order to maintain a procedural conduct corresponding to the importance and respect of judicial activity, the Judges must:


 


1.- Order that the phrase or word expressed or written in offensive or humiliating terms be deleted;


 


2.- Expel from the actions those who alter their development. If it is one of the parties, the warnings that would have been applicable if they had not attended the performance will also be imposed; and


 


3.- Apply the disciplinary sanctions that this Code and other regulations establish.


 


Article 53.- Coercive powers of the Judge


In view of the end promoted and sought in Article 52, the Judge may:


 


1.- Impose a compulsory and progressive fine for the party or whoever corresponds, to fulfill their mandates in accordance with the content of their decision.


 


The fine is established at the discretion of the Judge within the limits set by this Code, being able to readjust it or render it without effect if it considers that the disobedience has had or is justified; and


 


2.- Order the detention of up to twenty-four hours of whoever resists his mandate without justification, causing injury to the part or the majesty of the justice service.


 


In attention to the importance and urgency of his mandate, the Judge will decide the successive, individual or joint application of the sanctions regulated in this Article.


 


The sanctions will be applied without prejudice to the fulfillment of the mandate.


 


Chapter III: Jurisdictional assistants and judicial aid bodies


Article 54.- Auxiliaries of the civil jurisdiction


They are auxiliary of the civil jurisdiction: the Clerks of the Chamber, the Rapporteurs, the Clerks of the Court, the Auxiliary Officials of Justice and the Judicial Assistance Bodies.


 


Article 55.- Bodies of judicial assistance


They are organs of judicial aid: the expert, the depositary, the auditor, the public auctioneer, the procedural curator, the police and the other organs that the law determines.


 


Article 56.- Duties and responsibilities of the jurisdictional assistants


The duties and responsibilities of the assistants of the civil jurisdiction are governed by the provisions of the Organic Law of the Judicial Power and the respective regulations.


 


The judicial aid organs are governed by the laws and other pertinent provisions.


 


TITLE II: APPEARANCE TO THE PROCESS


Chapter I: General provisions


Article 57.- Capacity to be a material part in a process


Any natural or legal person, autonomous constitutional bodies and conjugal society, undivided succession and other forms of autonomous heritage, can be a material part of a process.


 


Article 58.- Capacity to appear in a process


The persons who may have the rights enforced therein, as well as those to whom the law empowers it, have the capacity to appear by themselves in a process or to confer representation by appointing legal representative. The others must appear through a legal representative.


 


They can also appear in a process, representing other people, those who exercise their rights.


 


A process can continue who during its course changes their name, without prejudice to the cause that motivated such fact.


 


Article 59.- The State as a party


When the State and its dependencies, or the public and private companies with a decisive economic participation of the former intervene in a civil process, whatever the classification or procedural location assigned to them, they will be submitted to the Judicial Power without more privileges than those expressly indicated in this Code.


 


Article 60.- Procedural substitution


In the case provided for in subsection 4. of Article 1219 of the Civil Code and in the others that the law allows, a person can initiate a process or contribute to the defense of the already initiated when he has an interest in its result, without the need to prove his own right or direct interest in the matter discussed.


 


Article 61.- Procedural Curatorship


The procedural curator is a lawyer appointed by the judge at the request of the interested party, who intervenes in the process in the following cases:


 


1.- When it is not possible to validly summon the defendant due to being undetermined, uncertain or with unknown domicile or residence, according to the provisions of Article 435;


 


2.- When the procedural relationship cannot be established or is suspended due to restriction of the capacity to exercise of the party or its legal representative;


 


3.- When there is lack, absence or impediment of the representative of the person with restricted capacity to exercise, according to the provisions of article 66; or


 


4.- When the procedural successor does not appear, in the cases that correspond, according to the provisions of Article 108.


 


The action of the procedural curator concludes if the party or their legal representative appear after having acquired or recovered their procedural capacity.


 


Article 62.- Supplementary representation and civil mandate


In everything not provided for in this Title, the rules on representation and mandate contained in the Civil Code will be applied additionally.


 


Chapter II: Procedural representation


Article 63.- Need for procedural representation


Natural persons who do not have the free exercise of their rights, appear at the process represented according to the pertinent laws.


 


Article 64.- Procedural representation of the legal person


Legal persons are represented in the process in accordance with the provisions of the Constitution, the law or the respective statute.


 


Article 65.- Procedural representation of the autonomous patrimony


There is autonomous patrimony when two or more people have a common right or interest with respect to an asset, without constituting a legal person.


 


The conjugal partnership and other autonomous estates are represented by any of its participants, if they are plaintiffs. If they are sued, the representation falls on all those who make it up, being applicable, in this case, Article 93.


 


If one or more of the members of the autonomous patrimony is unknown, the provisions of Article 435 will be followed.


 


Whoever appears as a defendant and conceals that the disputed right belongs to an autonomous patrimony of which it is a part, will be imposed a fine of not less than ten nor more than fifty Procedural Reference Units, without prejudice to the provisions of Article 4.


 


Article 66.- Lack, absence or impediment of the representative of the person with restricted capacity to exercise


In case of absence, absence or impediment of the representative of the person with restricted capacity to exercise, the following rules apply:


 


1.- When the person with restricted capacity to exercise does not have a legal representative or he / she is absent and the need arises to appear in a process, he / she will expose it to the Judge so that he / she may appoint him / her as a procedural curator or confirm the one designated by him / her, if he / she considers it. suitable.


 


2.- When the claim is directed against a person with restricted capacity to exercise who lacks a representative or who is absent, the Judge will appoint a procedural curator or will confirm the one proposed by the person with restricted capacity to exercise, if he considers it suitable. .


 


3.- The Judge will appoint a procedural curator for the person with restricted capacity to exercise who intends to sue his legal representative, or who is sued by him, or will confirm the one proposed by the person with restricted capacity to exercise, if appropriate.


 


4.- A procedural curator will also be appointed when the Judge notices the appearance of a conflict of interest between the person with restricted capacity to exercise and his legal representative, or will confirm the one proposed by the person with restricted capacity to exercise.


 


Article 67.- Representation of foreign legal entities


Foreign legal entities, their branches, agencies or establishments, that carry out activity in Peru, are subject to the same representation requirements that the law establishes for national legal entities, except for an international agreement or legal provision to the contrary.


 


Chapter III: Legal representative


Article 68.- Appointment of legal representative


Whoever has the capacity to appear on his own in the process and have the rights that are discussed in it, can name one or more attorneys-in-fact. If there are several, they will be indistinct and each one of them assumes responsibility for the procedural acts carried out.


 


The appointment or action of joint proxies is not valid, except for acts of search, transaction or withdrawal.


 


Article 69.- Proxy of public law entities


The State and other public law entities, including autonomous constitutional bodies, may appoint special legal representatives for the processes in which they are a party, whenever they deem it appropriate for reasons of specialty, importance of the matter discussed, distance or similar circumstances, as to the relevant legislation.


 


Article 70.- Power of attorney


The person designated as attorney-in-fact must have the capacity to appear by himself in a process.


 


Article 71.- Acceptance of the power of attorney


The power of attorney is presumed accepted for its exercise, except as provided in Article 73.


 


Article 72.- Formality for the granting of power of attorney


The power to litigate can be granted only by public deed or by deed before the Judge of the process, except for different legal provision.


 


For its procedural effectiveness, the power of attorney does not need to be registered in the Public Registries.


 


Article 73.- Power of attorney granted abroad


The power of attorney granted abroad, duly translated if applicable, must be expressly accepted by the attorney-in-fact in the writing in which he or she appears as such.


 


Article 74.- General powers


The judicial representation confers on the representative the powers and general powers that correspond to the represented party, except those for which the law requires express powers. The representation is understood to be granted for the entire process, including for the execution of the sentence and the collection of costs and costs, legitimizing the representative to intervene in the process and carry out all the acts of the same, except those that require personal intervention and direct from the represented.


 


Article 75.- Special powers


The granting of special powers is required to carry out all the acts of disposition of substantive rights and to sue, counter, answer demands and counterclaims, withdraw from the process and the claim, acquiesce to the claim, conciliate, compromise, submit claims to arbitration controversial in the process, substitute or delegate the procedural representation and for the other acts that the law expresses.


 


The granting of special powers is governed by the principle of literality. The existence of special powers not explicitly conferred is not presumed.


 


Article 76.- Common attorney


When several people constitute a single party, they will act together. If they do not do so, the Judge will require joint action or the appointment of a common attorney-in-fact within ten days, under the warning of appointing it for them.


 


The resolution that contains the appointment is a title that certifies the legal status of the common attorney-in-fact, who will necessarily be one of the Attorneys.


 


The refusal of a person to appoint a common attorney-in-fact or to continue to be represented by him, is sufficient merit for him to litigate separately.


 


The revocation of the power of attorney or resignation of the common attorney-in-fact does not take effect until a new one is appointed and the latter appears in the process.


 


Article 77.- Substitution and delegation of power


The attorney-in-fact can substitute his powers or delegate them, as long as he is expressly authorized to do so.


 


The substitution implies the cessation of the representation without the possibility of resuming it; the delegation empowers the delegator to revoke it and resume representation.


 


The action of the substitute or delegated attorney-in-fact obliges the represented party within the limits of the powers conferred.


 


The formality for substitution or delegation is the same as that used for granting power.


 


Article 78.- Cessation of judicial representation


The judicial representation ends for the same reasons that cause the cessation of the representation or the mandate. However, the execution of a procedural act by the represented party does not imply the revocation of the power of attorney, except for an explicit declaration to that effect.


 


Article 79.- Effects of the termination of representation


In any case of termination of representation that has its origin in the decision of the represented party capable of acting on his or her own, whatever the grounds for termination, it will only take effect from the moment the party appears in the process by himself or through a new attorney-in-fact. , regardless of the date or manner in which the termination has been communicated to the former.


 


When the cessation of judicial representation originates from the decision of the attorney-in-fact, whatever the reason, takes effect five days after the person represented or any other of his attorneys is notified personally , under warning of continuing the process in absentia.


 


In the event of death or declaration of absence, determination of restriction of the capacity of the representative or attorney-in-fact, removal or termination of appointment of the legal representative of a person with restricted capacity to exercise and similar circumstances, the process will be suspended for a period of time. maximum of thirty days, while a representative or procedural curator is appointed.


 


Chapter IV: Legal representation by Lawyer, Informal Procurement and Representation of diffuse interests


Article 80.- Legal representation by Lawyer


In the first document submitted to the process, the interested party or his representative may grant or delegate to the Lawyer who authorizes him the general powers of representation referred to in Article 74. In these cases, it is not required to observe the formalities of Article 72, but Yes, the personal address of the represented party is designated and its declaration of being informed of the representation or delegation that it grants and its scope.


 


Article 81.- Informal Procurement


You can appear on behalf of a person for whom you do not have judicial representation, provided that the following requirements are met:


 


1.- That the person for whom he is appearing is prevented from doing so himself, is absent from the country, has reasons of well-founded fear or threat, is it an emergency situation or imminent danger or any other analogous cause and is unknown the existence of a representative with sufficient power.


 


2.- That when the opposing party requests it, the attorney provide sufficient guarantee at the discretion of the Judge that his management will be ratified by the attorney, within two months of his appearance.


 


If ratification is not produced, the process will be declared concluded and the attorney may be ordered to pay damages, as well as costs and costs, provided that, at the discretion of the Judge, the informal intervention has been manifestly unjustified or reckless. .


 


The ratification of the solicitation is presumed with absolute character when the interested party appears by himself or duly represented and does not expressly reject the action of the solicitor. Partial or conditional ratification is invalid. The ratification is retroactive to the date of appearance of the attorney, without prejudice to the rights of third parties.


 


Article 82.- Sponsorship of diffuse interests


Diffuse interest is that whose ownership corresponds to an indeterminate group of people, with respect to assets of inestimable patrimonial value, such as the environment or the cultural or historical heritage or of the consumer.


 


They can promote or intervene in this process, the Public Ministry, Regional Governments, Local Governments, Peasant Communities and / or Native Communities in whose jurisdiction the environmental damage or cultural heritage occurred and non-profit associations or institutions that according to the Law and criteria of the Judge, the latter by duly motivated resolution, are entitled to do so.


 


The Rondas Campesinas that accredit legal status, have the same right as the Peasant Communities or the Native Communities in places where they do not exist or have not appeared in court.


 


If processes related to the defense of the environment or cultural assets or values ​​are promoted, without the intervention of the Local Governments indicated in the previous paragraph, the Judge must incorporate them as necessary litigators, applying the provisions of Articles 93 to 95 .


 


In these cases, a summary of the claim will be published in the Official Gazette El Peruano or in another that publishes the judicial notices of the corresponding judicial district. Applicable to processes on diffuse interests, the rules on subjective accumulation of claims in what is relevant.


 


In the event that the judgment does not protect the claim, it will be raised in consultation with the Superior Court. The final judgment that declares the claim founded will also be mandatory for those who have not participated in the process.


 


The compensation established in the sentence must be delivered to the District or Provincial Municipalities that have intervened in the process, in order for them to use it to repair the damage caused or to preserve the environment in their constituency.


 


Chapter V: Accumulation


Article 83.- Plurality of claims and persons


In a process there may be more than one claim, or more than two people. The first is an objective accumulation and the second a subjective accumulation.


 


The objective and subjective accumulation can be original or successive, as proposed in the claim or after the process has started, respectively.


 


Article 84.- Connection


There is a connection when there are common elements between different claims or, at least, related elements in them.


 


Article 85.- Requirements of objective accumulation


Claims can be accumulated in a process as long as they are:


 


1.- Are under the jurisdiction of the same Judge;


 


2.- They are not contrary to each other, unless they are proposed in a subordinate or alternative way;


 


3.- Are processable in the same procedural route.


 


The cases expressly established in this Code and special laws are excepted from these requirements.


 


The following are also accumulation cases:


 


a.- When the claims are processed in a different procedural way, in which case, the accumulated claims are processed in the longest procedural route provided for any of the accumulated claims.


 


b.- When the claims fall under the competence of different Judges, in which case the competence to know the accumulated claims will correspond to the highest degree court.


 


Article 86.- Requirements of the subjective accumulation of claims


This accumulation is appropriate provided that the claims come from the same title, refer to the same object or there is a connection between them; In addition, the requirements of article 85 must be met, insofar as they are applicable.


 


It occurs when in a process several claims of several plaintiffs or against several defendants accumulate.


 


Article 87.- Original objective accumulation


The original objective accumulation can be subordinate, alternative or accessory. It is subordinate when the claim is subject to the eventuality that the proposal as principal is rejected; It is an alternative when the defendant chooses which of the claims he is going to fulfill; and it is accessory when there are several claims, when the main one is declared founded, the others are also protected.


 


If the defendant does not choose the alternative claim to enforce, the plaintiff will.


 


If no accessory claims are demanded, they can only be accumulated until before the procedural reorganization. When the accessory is expressly provided for by law, they are considered tacitly integrated into the demand.


 


Article 88.- Successive objective accumulation


Successive objective accumulation occurs in the following cases:


 


1.- When the plaintiff expands his claim by adding one or more claims;


 


2.- When the defendant remonstrates;


 


3.- When ex officio or at the request of a party, two or more processes are brought together in one, so that a single sentence avoids opposing jurisdictional pronouncements; and


 


4.- When the defendant formulates the assurance of the future claim.


 


Article 89.- Subjective accumulation of original and successive claims


The subjective accumulation of original claims occurs when the claim is filed by several people or is directed against several people.


 


The subjective accumulation of successive claims occurs in the following cases:


 


1.- When a legitimate third party incorporates another or other claims into the process; or


 


2.- When two or more claims attempted in two or more autonomous processes, they come together in a single process.


 


In the latter case, taking into account the connection and the eventual difference in the processing of the accumulated processes, the Judge may order their decumulation in the process, reserving the right to issue a single sentence.


 


Article 90.- Requirements and procedure for the successive accumulation of processes


The successive accumulation of processes must be requested before one of them is sentenced. The request prevents the issuance of a judgment until the accumulation is finally resolved.


 


The successive accumulation of processes is requested before any of the Judges, attaching a certified copy of the claim and its answer, if any. If the order is founded, they will be accumulated before the one who made the first summons.


 


From the accumulation request, transfer is granted for three days. With the answer or without it, the Judge will resolve according to the merit of the evidentiary means accompanied by the request.


 


This accumulation will be declared ex officio when the processes are processed before the same Court.


 


Article 91.- De-accumulation


When the Judge considers that the accumulation affects the Principle of Procedural Economy, due to time, expense or human effort, he can separate the processes, which must be followed independently, before his original Judges.


 


Chapter VI: Litisconsorcio


Article 92.- Active and passive joint venture


There is joint litigation when two or more people litigate jointly as plaintiffs or defendants, because they have the same claim, their claims are related or because the judgment to be issued regarding one could affect the other.


 


Article 93.- Necessary joint venture


When the decision to fall back on the process affects all joint partners in a uniform way, it will only be validly issued if all appear or are summoned, depending on whether it is an active or passive joint venture, respectively, unless otherwise provided by law.


 


Article 94.- Optional joint venture


The optional litigants will be considered as independent litigants. The acts of each of them do not favor or harm the others, without thereby affecting the unity of the process.


 


Article 95.- Powers of the Judge regarding the necessary joint-venture litigation


In the event of a necessary joint venture, the Judge may integrate the procedural relationship by summoning a person, if from the claim or the answer it appears evident that the decision to fall back on the process will affect him.


 


If it lacks the necessary information, it will return the claim and request the plaintiff's data for the summons to the dispute.


 


If the defect is reported or the judge notices it after the claim is notified, he will suspend the processing of the process until the procedural relationship is correctly established.


 


Article 96.- Complementary hearing


If, at the time of integration, the hearing of evidence has already been held and one of those incorporated offers evidence, the Judge will set the day and time for a complementary hearing of evidence that must be held within a period that will not exceed twenty days .


 


Chapter VII: Third Party Intervention, Extrusion and Procedural Succession


Article 97.- Adjuvant intervention


Whoever has a substantial legal relationship with one of the parties, to which the effects of the judgment that resolves the disputed claims in the process should not extend, but who may be adversely affected if said party is defeated, may intervene in the process as adjuvant of it.


 


This intervention can be admitted even during the second instance process.


 


The intervener may carry out procedural acts that are not in opposition to the assisting party and do not imply provision of the disputed right.


 


Article 98.- Intervention in joint litigation


Whoever considers himself to be the owner of a substantial legal relationship to which the effects of a judgment should presumably extend, and who for this reason is entitled to sue or has been sued in the process, may intervene as a consoling party of a party, with the same powers this.


 


This intervention can occur even during the second instance process.


 


Article 99.- Main exclusionary intervention


Whoever intends, in whole or in part, to be declared the owner of the disputed right, may intervene by formulating his claim against the plaintiff and the defendant.


 


This intervention will only be admissible before the issuance of a judgment in the first instance.


 


The excluder will act as one more party in the process. If evidence is offered, it will be subject to the procedure of the process in which it appears, granting similar probative powers to the parties.


 


The intervention of the excluder does not suspend the process, but the issuance of the sentence.


 


Article 100.- Intervention excluding property or preferential right


Whoever seeks to have their right recognized in opposition to the litigants, as a consequence of some precautionary measure executed on an asset they own or on which they have a better right than the holder of the precautionary measure, can intervene in a process.


 


Whoever claims a preferential right with respect to what was obtained in the forced execution may also intervene in a process.


 


The interventions described in this Article will be processed in accordance with the provisions of Sub Chapter 5, Chapter II, Title II, FIFTH SECTION of this Code.


 


Article 101.- Requirements and common procedure for interventions


Third parties must invoke legitimate interest. The request will have the formality provided for the claim, as applicable, and the corresponding evidence must be attached.


 


The judge will declare the origin or deny outright the request for intervention. In the first case, it will process the requests of the legitimate third party. Only the resolution that denies the intervention is appealable . The participants join the process in the state in which it is at the time of their intervention.


 


Article 102.- Civil complaint


The defendant who considers that another person, in addition to him or in his place, has any obligation or responsibility in the disputed right, must report it indicating his name and address, in order to be notified of the beginning of the process.


 


Article 103.- Processing and effects of the complaint


If the Judge considers the complaint to be admissible, he will summon the defendant with the formalities established for the notification of the complaint, granting him a period of no more than ten days to intervene in the process, which will be suspended from the time the complaint is admitted until it is summons the accused.


 


Once summoned, the accused will be considered as the complainant's partner and will have the same powers as the complainant.


 


The sentence will resolve, when pertinent, on the substantial relationship between the complainant and the accused.


 


Article 104.- Assurance of future claims


The party that considers having the right to demand from a third party compensation for the damage or prejudice that the result of a process may cause, or the right to repeat against said third party what they should pay in execution of the judgment, may request the summons of the third party with the object that in the same process the claim against him is also resolved.


 


The appeal is subject to the processing and effects provided for in Article 103.


 


Article 105.- Call for possession


Whoever, having a property in the name of another, is sued as the owner of it, must express it in the answer to the claim, specifying the domicile of the owner, under threat of being sentenced in the same process to pay compensation for the damages that its silence causes the plaintiff, in addition to the fine provided for in Article 65. For the summons to the designated holder, the procedure described in Article 103 will be followed.


 


If the aforementioned appears and acknowledges that he is the possessor, he will replace the defendant, who will be out of the process. In this case, the Judge will summon the holder with the claim.


 


If the aforementioned does not appear, or by doing so he denies his status as possessor, the process will continue with the defendant, but the sentence will take effect with respect to the latter and the possessor designated by him.


 


What is regulated in this Article is applicable to whoever was sued as the holder of an asset, when the possession lies with another person.


 


Article 106.- Appeal in case of fraud or collusion


When at any stage of the process fraud or collusion between the parties is presumed, the Judge, ex officio, will order the summons of the people who may be harmed, in order to enforce their rights. For this purpose, the Judge may suspend the process for a period of no more than thirty days.


 


Article 107.- Extrusion


Exceptionally, at any time the Judge, through a duly motivated resolution, may separate a legitimate third party from the process, considering that the right or interest that legitimized it has disappeared or has proven its inexistence.


 


Article 108.- Procedural succession


Due to procedural succession, a subject occupies the place of another in a process, by replacing him as the active or passive owner of the disputed right. The procedural succession is presented when:


 


1.- Upon the death of a person who is a party to the process, he is replaced by his successor, unless otherwise provided by law;


 


2.- When a legal entity is extinguished or merged, its successors in the disputed law appear and continue the process;


 


3.- The acquirer by act between living of a disputed right, succeeds the transferor in the process. If there is opposition, the transferor remains in the process as the partner of his successor; or


 


4.- When the term of the right discussed expires during the process and the subject who acquires or regains the right, happens in the process to which he lost it.


 


In the cases of sections 1. and 2., the failure of the successors to appear, determines that the process continues with a procedural curator.


 


The procedural activity that is carried out after one of the parties lost the capacity or ownership of the disputed right will be null, provided that said act may have generated defenselessness. If after thirty days the successor to the process does not appear, the Judge must appoint a procedural curator, ex officio or at the request of a party.


 


Chapter VIII: Duties and responsibilities of the parties, their lawyers and their attorneys in the process


Article 109.- Duties of the parties, lawyers and attorneys-in-fact


The duties of the parties, attorneys and attorneys are:


 


1.- Proceed with truthfulness, probity, loyalty and good faith in all their actions and interventions in the process;


 


2.- Not to act recklessly in the exercise of their procedural rights;


 


3.- Refrain from using disagreeable or offensive expressions in their interventions;


 


4.- Keeping due respect for the Judge, the parties and the court clerks;


 


5.- To appear before the Judge when he summons them and to abide by his orders in the judicial proceedings; and


 


6.- Provide the Judge with their diligent collaboration for the procedural actions, under warning of being sanctioned for misconduct with a fine of not less than three nor more than five Procedural Reference Units.


 


Article 110.- Patrimonial responsibility of the parties, their attorneys, their attorneys-in-fact and legitimate third parties


The parties, their attorneys, their attorneys-in-fact and legitimate third parties are liable for the damages caused by their reckless or bad-faith procedural actions. When proof of such conduct appears in the process, the Judge, regardless of the corresponding costs, will impose a fine of not less than five nor more than twenty Procedural Reference Units.


 


When the cause of the damages cannot be identified, the responsibility will be joint and several.


 


Article 111.- Liability of Lawyers


In addition to the provisions of Article 110, when the Judge considers that the Lawyer acts or has acted with recklessness or bad faith, he will send a copy of the respective actions to the Presidency of the Superior Court, the Public Ministry and the corresponding Bar Association, for the penalties that may be applicable.


 


Article 112.- Recklessness or bad faith


It is considered that there has been recklessness or bad faith in the following cases:


 


1.- When the lack of legal basis for the claim, answer or challenge is manifest;


 


2.- When facts contrary to reality are allegedly alleged;


 


3.- When any part of the file is stolen, mutilated or rendered useless;


 


4.- When the process or procedural act is used for clearly illegal purposes or for fraudulent or fraudulent purposes;


 


5.- When the performance of evidence is obstructed; and


 


6.- When the normal development of the process is repeatedly hindered by any means;


 


7. When for unjustified reasons the parties do not attend the hearing causing delay.


 


TITLE III: PUBLIC MINISTRY


Article 113.- Powers


The Public Ministry exercises the following powers:


 


1.- As part;


 


2.- As a third party with interest, when the law provides that he be cited; and,


 


3.- As an adjudicator.


 


Article 114.- Opinion


When the law requires a fiscal opinion, it will be substantiated.


 


Article 115.- Deadlines


The representatives of the Public Ministry will comply with the terms established by law, under responsibility.


 


When the law does not set a term for a certain act, it will not be greater than that corresponding to the Judge.


 


Article 116.- Opportunity


The opinion of the Public Ministry, in the cases in which it proceeds, will be issued after the evidence has been acted and before the sentence is issued.


 


Article 117.- Grounds for excuse and abstention


The representatives of the Public Ministry must excuse themselves or refrain from intervening in the process for the reasons that affect the Judges. They cannot be challenged.


 


Article 118.- Responsibility


The representative of the Public Ministry is civilly liable when in the exercise of his functions he acts with negligence, fraud or fraud. The process is subject to the procedure that corresponds to the civil liability of the Judges.


 


SECTION THREE: PROCEDURAL ACTIVITY


TITLE I: FORM OF PROCEDURAL ACTS


Chapter I: Procedural Acts of the Judge


Article 119.- Form of procedural acts


Abbreviations are not used in judicial decisions and proceedings. Dates and amounts are written in letters. References to legal provisions and identity documents can be written in numbers. The wrong words and phrases will not be deleted, but will be canceled by a line that allows them to be read. At the end of the text, the cancellation will be recorded. Interpolating or juxtaposing words or phrases is prohibited.


 


Article 119-A.- Right to adjustments in the process


All procedural acts must be accessible to the parties. People with disabilities have the right to reasonable accommodation and procedural adjustments, according to their requirements, to facilitate their participation in all legal proceedings.


 


Article 120.- Resolutions


The procedural acts through which it is promoted or decided within the process or ends it, can be decrees, orders and sentences.


 


Article 121.- Decrees, orders and judgments


The decrees promote the development of the process, providing for simple procedural acts.


 


By means of the cars, the Judge resolves the admissibility or rejection of the claim or the counterclaim, the reorganization, interruption, conclusion and the forms of special conclusion of the process; the granting or refusal of the challenging means, the admission, inadmissibility or modification of precautionary measures and the other decisions that require motivation for their pronouncement.


 


By means of the sentence, the Judge puts an end to the instance or the process definitively, pronouncing in an express, precise and reasoned decision on the disputed question declaring the right of the parties, or exceptionally on the validity of the procedural relationship.


 


Article 122.- Content and subscription of resolutions


The resolutions contain:


 


1.- The indication of the place and date in which they are issued;


 


2.- The serial number that corresponds to them within the file or notebook in which they are issued;


 


3.- The successive mention of the points on which the resolution deals with the considerations, in correlative numerical order, of the factual grounds that support the decision, and the respective ones of law with the citation of the applicable norm or norms in each period, according to the merit of the action;


 


4.- The clear and precise expression of what is decided or ordered, with respect to all controversial points. If the Judge denies a request due to lack of any requirement or due to an erroneous quotation of the applicable rule at his discretion, he must expressly indicate the missing requirement and the corresponding rule;


 


5.- The term for its fulfillment, if it were the case;


 


6.- Condemnation of costs and costs and, if applicable, fines; or the exoneration of your payment; and,


 


7.- The subscription of the Judge and the respective jurisdictional Assistant.


 


The resolution that does not comply with the aforementioned requirements will be void, except for the decrees that will not require the signatures in paragraphs 3., 5. and 6., and the orders of the one expressed in paragraph 6.


 


The sentence will require in its wording the separation of its expository, considering and decisive parts.


 


In the first and second instances as well as in the Supreme Court, the cars are half-signed and the sentences are fully signed by the Judge or Judges, if it is a collegiate body.


 


When the collegiate jurisdictional bodies issue cars, only the agreement and signature of the number of members who make a relative majority will be necessary.


 


The decrees are issued by the respective jurisdictional assistants and will be signed with their full signature, except for those issued by the Judge during the hearings.


 


Article 123.- Thing Judged


A resolution acquires the authority of res judicata when:


 


1.- No other means of challenge than those already resolved shall proceed against it; or


 


2.- The parties expressly renounce to interpose challenging means or allow the deadlines to elapse without formulating them.


 


Res judicata only reaches the parties and those who derive their rights from them. However, it can be extended to third parties whose rights depend on those of the parties or to third parties on whose rights those of the parties depend, if they had been cited with the lawsuit.


 


The resolution that acquires the authority of res judicata is immutable, without prejudice to the provisions of Articles 178 and 407.


 


Article 124.- Maximum periods for issuing resolutions


In the first instance, the decrees are issued two days after the submission of the letter that motivates them and the orders within five business days computed from the date on which the process is expedited to be resolved, except for a different provision of this Code. The judgments will be issued within the maximum period provided for in each procedural channel, counted from the notification of the resolution that declares the process expedited to be resolved.


 


In the second instance, the terms will be subject to the provisions of this Code.


 


The terms in the Supreme Court are subject to the provisions of this Code on the appeal for cassation.


 


The delay in the issuance of resolutions will be disciplined by the hierarchical superior, without prejudice to any additional responsibilities that may arise.


 


Article 125.- Numbering


Judicial resolutions will be numbered consecutively on the day of their issue, under responsibility.


 


Article 126.- Indelegability


The Judge will personally attend the judicial office, during the hours established by law.


 


Article 127.- Actions


The Judge will direct the proceedings and order that the parties, their attorneys and the Lawyers observe the legal provisions.


 


Article 128.- Admissibility and Provenance


The judge declares the inadmissibility of a procedural act when it lacks a formal requirement or it is defectively fulfilled. Declares its inadmissibility if the omission or defect is a substantive requirement.


 


Chapter II: Procedural acts of the parties


Article 129.- Objective of the procedural acts


The procedural acts of the parties are aimed at the constitution, modification or termination of procedural rights and burdens.


 


Article 130.- Form of the writing


The document submitted to the process is subject to the following regulations:


 


1.- It is written on a typewriter or other technical medium;


 


2.- A space of no less than three centimeters on the left margin and two on the right is kept blank;


 


3.- It is written on one side and double spaced;


 


4.- Each interested party will consecutively number their writings;


 


5.- The order will be sumiled in the upper right part;


 


6.- If the document has annexes, these will be identified with the number of the document followed by a letter;


 


7.- The Spanish language is used, unless the law or the Judge, at the request of the parties, authorizes the use of Quechua or Aymara;


 


8.- The wording will be clear, brief, precise and directed to the Judge of the process and, if applicable, reference will be made to the number of the resolution, writing or annex that is cited; and,


 


9.- If the writing contains other or similar formulas, these must contain requests independent of the principal.


 


Article 131.- Signature


The writings will be signed, below the date, by the party, a legitimate third party or a lawyer who presents it. If the legitimate party or third party does not know how to sign, they will put their fingerprint, which will be certified by the respective jurisdictional Assistant.


 


Article 132.- Authorized by Lawyer


The writing must be authorized by a registered lawyer with a clear indication of his name and registration number. Otherwise, no procedure will be granted.


 


Article 133.- Copy of writing and annex


In the case of writings and annexes on which any of the resolutions cited in Article 157 must fall, whoever presents them must submit as many simple copies of both as interested parties must be notified.


 


The corresponding jurisdictional Assistant will verify the conformity and legibility of the copies. If they are not satisfied, they will order their replacement within twenty-four hours, under the warning that the document has not been presented.


 


Any claim about the suitability of the copies will be resolved by the Judge on the day, by an unquestionable resolution.


 


Article 134.- Delivery of copies


In the act of notifying the respective resolution, the copies referred to in the first part of Article 133 will be delivered to the opposing party.


 


Article 135.- Proof of receipt


The legitimate party or third party may demand that the court clerk return a sealed copy of the document and its annexes, indicating the day and time of its presentation.


 


TITLE II: DOSSIER FORMATION


Article 136.- Files


The jurisdictional assistants are responsible for the formation, conservation and security of the files. They will also take care of the correlative numbering and without interpolation of the folios, that the minutes that contain judicial actions are signed by the Judge and by those who intervene in them, attesting to the veracity of their content and the other responsibilities that the law points to them.


 


The interpolation in the correlative numbering is only appropriate by authoritative resolution of the Judge and under his responsibility.


 


Article 137.- Custody of the file


The file is kept regularly in the office of the Clerk of the Court or the Clerk of the Chamber or in the office of the Judge. The file may be transferred to a different place only in the cases provided for by law or by authoritative resolution of the Judge, setting the respective term.


 


Article 138.- Examination of the files


The parties, their attorneys and their attorneys may examine the court records in the premises where they are kept, and may take note of their content.


 


Article 139.- Issuance of copies


The Chamber and Court Clerks deliver simple copies of the minutes of the judicial proceedings concluded to the intervening parties who request it. In any instance, at the request of the party and after payment of the respective fee, the Judge will order the issuance of certified copies of the pages that are required.


 


The resolution that orders the issuance of certified copies will specify the status of the process and will be part of the copies that are delivered. In the same resolution, the Judge may order certified copies of other pages to be issued.


 


Once the process is concluded, any person may request certified copies of the folios of a file. The judge may deny the request in view of the very personal nature of the disputed matter.


 


Article 140.- Recomposition of files


In case of loss or misplacement of a file, the Judge will order a summary investigation with the knowledge of the Office of Control of the Magistracy of the Judicial Power. If this is the case, it will order its recomposition ex officio or at the request of a party, being these obliged to deliver, within a third day, copies of the writings and resolutions that are in its possession. Once the term has expired and with the copies of the proceedings in his possession, the Judge will reveal them for a period of two days, after which he will declare the file restored.


 


If the file appears, it will be added to the redone.


 


TITLE III: TIME IN PROCEDURAL ACTS


Article 141.- Business days and hours


The legal proceedings are carried out punctually on the day and working hour indicated, without admitting delay.


 


Business days are those between Monday and Friday of each week, except holidays.


 


Working hours are those determined by the Organic Law of the Judiciary.


 


For actions that must take place outside the judicial office, working hours are those between seven and twenty hours, unless otherwise agreed by the Executive Council of the Judiciary.


 


Article 142.- Qualification


Ex officio or at the request of a party, the Judge may authorize days and hours in those cases that a judicial action cannot be carried out within the term established by this Code or in the case of urgent actions whose delay may harm one of the parties.


 


Article 143.- Implicit authorization


The judicial action initiated on a business day and time, may continue until its conclusion in non-business time, without the need for authorization to be previously decreed.


 


Article 144.- Deferred action


When the judicial action requires more time than foreseen, it may be suspended for its continuation the next business day or when the Judge fixes it. Such decision will be recorded in the minutes.


 


Article 145.- Serious offense


The judge commits a serious offense who, without justification, does not comply with carrying out the judicial action on the date indicated or within the respective legal term.


 


Article 146.- Permanence of the term


The terms provided in this Code are peremptory. They cannot be extended by the parties in relation to certain procedural acts. The same rule applies to the judicial term. In the absence of a legal term, it is set by the Judge.


 


Article 147.- Computation


The term is counted from the day after notification of the resolution that fixes it and, when it is common, from the last notification.


 


Non-working days are not considered for the computation.


 


Between the notification for a procedural action and its completion, at least three business days must elapse, unless otherwise provided in this Code.


 


TITLE IV: OFFICES AND EXHORTS


Article 148.- Trades to other powers and public officials


For the purposes of the process, the Judges address public officials who are not party to it by official letter.


 


Communication between Judges is also made through official letters or by electronic notification in accordance with the pertinent regulations of Law 30229, having the same validity. If the electronic notification is made, a record of such fact is left in the file, attaching the report that accredits the receipt of the communication, a date that will be considered for the computation of the deadlines that may arise.


 


Article 149.- Processing and certification of the dispatch of the official letter


The official letter will be sent by official facsimile or other means. The respective Secretary will add to the file the original of the official letter and will certify the date of submission.


 


When the procedure is not carried out by facsimile, the assistant will deliver the original to the interested party, leaving a copy of it in the file, with certification of its delivery date.


 


Article 150.- Trades abroad


Judges address foreign public officials and members of Peruvian embassies or consulates abroad, through the Ministry of Foreign Affairs and in accordance with the provisions of international conventions and the law.


 


Article 151.- Warrants


When a judicial action must be carried out outside the territorial jurisdiction of the Judge of the process, he will order its fulfillment to the corresponding one, by means of a warrant. The exhorted judge has the power to apply, ex officio, the constraints allowed by this Code.


 


The warrant may be addressed to the consuls of Peru, who have the same powers as the Judge, except for the use of constraints.


 


Article 152.- Content of the warrant


The warrant contains the writing in which it is requested, the resolution that orders it, the necessary pieces for the judicial action and the respective office.


 


Article 153.- Processing of the warrant


Letters of letters are processed and returned through the official facsimile. The original documents are kept in the possession of each Judge, forming part of the file in one case and adding to the file of the exhorted Judge in the other.


 


When the use of the facsimile is not possible, the originals are processed by official mail.


 


Article 154.- Intervention of the parties


The parties or their attorneys may intervene in the actions that are the subject of the warrant, indicating the corresponding address for that purpose.


 


TITLE V: NOTIFICATIONS


Article 155.- Purpose of the notification


The act of notification is intended to inform the interested parties of the content of the judicial decisions. The judge, in a reasoned decision, may order that a person outside the process be notified.


 


Judicial resolutions only produce effects by virtue of the notification made in accordance with the provisions of this Code, except in expressly excepted cases .


 


Article 156.- Repealed.


Article 157.- Notification of judicial decisions


The notification of judicial decisions, in all instances, is carried out electronically through electronic boxes implemented, in accordance with the provisions of the Single Ordered Text of the Organic Law of the Judiciary, approved with Supreme Decree 017-93- JUS, with the exceptions established there.


 


Article 158.- Content and delivery of the identity card


The form of the card is subject to the format established by the Executive Council of the Judicial Power.


 


In all other cases and considering the progressive application of electronic notification determined in each specialty by the Executive Council of the Judicial Power, the card is delivered only to the corresponding physical box of the sponsoring attorney at the office of judicial boxes of the judicial district or of the college. respective lawyers. For this purpose, the sponsoring attorney must have the respective box.


 


This provision does not apply to cases in which captive defense is not required or the litigant enters the process without a lawyer.


 


Article 159.- Service of the identity card


The certificates will be sent to the notification office within twenty-four hours of issuance of the resolution, and must be filled out and returned in the manner and within the deadlines provided by the corresponding regulations.


 


Article 160.- Delivery of the identity card to the interested party


If the notification is made by identity card, the official or employee in charge of practicing it delivers a copy of the certificate to the interested party, stating, with his signature, the day and time of the act. The original is added to the file with a note of the act, place, day and time of the act, signed by the notifier and the interested party, unless the latter refuses or cannot sign, which will be recorded.


 


Article 161.- Delivery of the identity card to different people


If the notifier does not find the person to whom he is going to notify the resolution that supports the claim, he will leave notice to wait for the day indicated therein in order to notify it. If it is not found on the new date either, the identity card will be delivered to the capable person who is in the house, department or office, or to the person in charge of the building, proceeding in the manner provided in Article 160. If it cannot be delivered, They will adhere it to the access door corresponding to the aforementioned places or they will leave it under the door, as the case may be.


 


This rule applies to the notification of the resolutions referred to in Article 459.


 


Article 162.- Notification by commission


The notification to whoever resides outside the territorial jurisdiction of the court within the country is made by the notification center of the judicial district corresponding to the domicile where said act is carried out by the notification service that had been hired, without prejudice to the Judge's decision. a different means of notification. The Judiciary may establish, in these cases, mechanisms for the digital certification of the documentation submitted. If the party to be notified is outside the country, the notification is made by means of a warrant, which is processed through the jurisdictional bodies of the country in which it resides or by the diplomatic or consular representative of Peru in this.


 


Article 163.- Notification by telegram or facsimile, email or other means


In the cases of Article 157, except for the transfer of the claim or the counterclaim, summons to absolve positions and the sentence, the other resolutions may, at the request of a party, be notified, in addition, by telegram, facsimile, email or other suitable medium, provided that they allow confirmation of receipt.


 


Email notification will only be made to the party that has requested it.


 


The expenses for the realization of this notification are included in the order of costs.


 


Article 164.- Service of the notification by facsimile, email or other means


The document for notification by facsimile, email or other means, will contain the details of the identity card.


 


The facsimile or other means will be issued in duplicate, one of which will be delivered to the interested party by the respective secretary, and the other with his signature will be added to the file. The date of the notification will be that of the proof of delivery of the facsimile to the addressee. In the case of e-mail, it will be, as far as possible, in the manner described above, leaving a record in the file of the copy delivered for shipment, also attaching the corresponding technical report that accredits its shipment.


 


The Executive Council of the Judicial Power may order the adoption of a uniform text for the drafting of these documents.


 


Article 165.- Notification by edicts


Notification by edicts will proceed in the case of uncertain persons or whose domicile is ignored. In the latter case, the party must declare under oath or promise that it has exhausted the steps to find out the address of the person to be notified.


 


If the statement is proven false or it is proven that he could have known it using normal diligence, everything that was acted on will be annulled, and the Judge will order the party to pay a fine of not less than five nor more than fifty Procedural Reference Units, which will be imposed taking into account the nature of the claim and the amount of the process.


 


Article 166.- Special notification by edicts


If more than ten people who have a common right must be notified, the Judge, at the request of a party, will order them to be notified by edicts. Additionally, the regular notification will be made corresponding to a number of litigants that are in a proportion of one for every ten or a fraction of ten, preferring those who have appeared.


 


Article 167.- Notification by edicts


The publication of the edicts is made on the official website of the Judicial Power. If this is not possible due to technological conditions or remoteness of the court, the decree is published in the newspaper with the largest circulation in the district. In the absence of newspapers, the publication is made in the nearest town that has them, and the edict must also be posted on the court board and in the places that ensure its widest dissemination.


 


In all cases, the publication must be made for a period of three business days, proving its completion, adding to the file the proof of its web publication issued by the respective specialist or judicial secretary and the printing of the publication made on the institutional portal or, if applicable, the first and last copies of the publications made in the newspapers.


 


Article 168.- Form of the edicts


The edicts will contain, in synthesis, the same prescriptions of the card, with a summary transcription of the resolution.


 


The publication will be made for three business days, unless this Code establishes a different number.


 


The resolution will be considered notified on the third day from the last publication, unless otherwise provided by law.


 


The Executive Council of the Judicial Power may order the adoption of a uniform text for the drafting of edicts.


 


Article 169.- Notification by broadcasting


In all cases in which this Code authorizes the publication of edicts, ex officio or at the request of a party, the Judge may order that they also be made by radio broadcasting.


 


The transmissions will be made by an official radio station or those determined by the Executive Council of each Superior Court. The number of times it is announced will correspond to the number regarding notification by edicts. This notification will be credited by adding a sworn statement issued by the broadcasting company to the file, which will include the text of the advertisement and the days and hours it was broadcast.


 


The resolution will be considered notified the day after the last radio transmission.


 


The expenses demanded by this notification are included in the order for costs.


 


Article 170.- Unfounded nullity


When the resolution declaring the nullity of a notification is final, it takes effect from the date it was made.


 


TITLE VI: NULLITY OF PROCEDURAL ACTS


Article 171.- Principle of Legality and Significance of the nullity


Nullity is sanctioned only for cause established by law. However, it can be declared when the procedural act lacks the essential requirements to obtain its purpose.


 


When the law prescribes specific formality without sanction of nullity for the performance of a procedural act, it will be valid if, having carried out otherwise, it has fulfilled its purpose.


 


Article 172.- Principles of Validation, Correction or Integration


In the case of defects in the notification, the nullity is validated if the litigant proceeds in a way that shows that he has taken timely knowledge of the content of the resolution.


 


There is also validation when the procedural act, despite lacking any formal requirement, achieves the purpose for which it was intended.


 


There is tacit validation when the authority to raise the nullity does not make his request at the first opportunity to do so.


 


There is no nullity if the correction of the defect does not influence the meaning of the resolution or the consequences of the procedural act.


 


The Judge can integrate a resolution before its notification. After the notification but within the term that the parties have to appeal it, ex officio or at the request of the party, the Judge can integrate it when he has omitted a pronouncement on any main or accessory point. The term to appeal the integrated resolution is computed from the notification of the resolution that integrates it.


 


The superior judge can integrate the appealed resolution when the assumptions of the previous paragraph concur.


 


Article 173.- Scope of nullity


The declaration of nullity of a procedural act does not reach the previous nor the subsequent ones that are independent of that one.


 


The invalidation of a part of the procedural act does not affect the others that are independent of it, nor does it prevent the production of effects for which the act is suitable, unless expressly provided otherwise.


 


Article 174.- Interest to request nullity


Whoever formulates annulment has to prove that he or she was harmed by the flawed procedural act and, where appropriate, specify the defense that he could not carry out as a direct consequence of the questioned procedural act. Likewise, you will prove your own and specific interest in relation to your order.


 


Article 175.- Inadmissibility or inadmissibility of the request for invalidity


The request for annulment will be declared inadmissible or inadmissible, as appropriate, when:


 


1.- It is formulated by the person who has caused, allowed or given rise to the vice;


 


2.- It is based on grounds not provided for in this Code;


 


3.- It is a question previously resolved; or


 


4.- The disability has been reorganized, validated or corrected.


 


Article 176.- Opportunity, procedure and ex officio


The request for annulment is formulated at the first opportunity that the injured party had to do so, before the sentence. Once the process is sentenced in the first instance, it can only be expressly alleged in the supporting document of the appeal. In the first case, the judge will decide after transfer for three days; in the second, the Civil Chamber will resolve by hearing the other party in a special pronouncement order or at the time of acquitting the degree.


 


Nullities due to vices occurring in the second instance will be formulated at the first opportunity that the interested party had to do so, and the Chamber must resolve them outright or by hearing the other party.


 


The Judges will only declare the irreparable nullities ex officio, by means of a reasoned resolution, restoring the process to the corresponding state.


 


Article 177.- Content of the resolution declaring nullity


The resolution that declares the nullity orders the renewal of the affected procedural act or acts and the effective measures for this purpose, imposing the payment of costs and costs to the person responsible. At the request of the aggrieved party, the sentence may order compensation by whoever corresponds for the damages caused by the nullity.


 


Article 178.- Nullity of Thing Judged Fraudulent


Until within six months of execution or of having acquired the quality of res judicata, if it is not enforceable, the nullity of a sentence or that of the agreement of the parties approved by the Judge that ends to the process, alleging that the process that originates has been followed with fraud, or collusion, affecting the right to due process, committed by one or both parties, or by the Judge or by him and those.


 


The party or third party outside the process who is considered directly aggrieved by the sentence can demand the nullity, in accordance with the principles required in this Title.


 


In this process, only registrable precautionary measures can be granted.


 


If the decision is annulled, things will be restored to the corresponding state. However, the nullity will not affect third parties in good faith and for consideration.


 


If the claim is not supported, the plaintiff will pay the double costs and costs and a fine of no less than twenty procedural reference units.


 


TITLE VII: JUDICIAL AID


Article 179.- Holder of the Aid


Legal aid will be granted to natural persons who, in order to cover or guarantee the expenses of the process, endanger their subsistence and that of those who depend on them.


 


Article 180.- Requirements of the Aid


Assistance can be requested before or during the process by submitting an application in formats approved by the Governing and Management Body of the Judiciary to the corresponding judicial agency. The request for judicial assistance has the character of a sworn declaration and its approval of compliance with the requirements of Article 179 of this Code is automatic.


 


Article 181.- Procedure


Whoever obtains judicial assistance will inform the judge who must know of the process or know it, by submitting a document that will include the proof of approval of the request referred to in the previous article and the Proposal for the appointment of attorney-in-fact. The Judge will take cognizance of and process the indicated documentation in a separate notebook. The request for help does not suspend the processing of the principal.


 


Article 182.- Effects of the Aid


The assisted person is exonerated of all the expenses of the process. The request for help before the claim suspends the prescription, unless granted, thirty (30) days of notification elapse without the claim being filed.


 


A copy of the request for judicial assistance will be forwarded by the corresponding judicial agency to the Superior Court of said Judicial District. Periodically, a subsequent and random control will be carried out on the requests for judicial assistance presented throughout the country in order to verify the veracity and validity of the information declared by the applicant. Against the result of this control there is no objectionable means.


 


If it is detected that the information provided does not correspond to reality in whole or in part, the agency in charge will inform the Judge of such fact so that it may proceed in accordance with the second paragraph of Article 187.


 


Article 183.- Proxy of the assisted


Having learned of the approval of the judicial assistance, the Judge, by means of a resolution, will be able to accede to the request of the interested party, designating the lawyer who will act as his / her attorney-in-fact.


 


Otherwise, the Judge will appoint a proxy by choosing him from the list that the Bar Association of the seat of the Court will send to the Presidency of the same. No attorney is required to sponsor more than three Legal Aid processes per year.


 


The attorney's fees are set by the Judge. They are fully covered by the loser, if not helped. If this is the loser, the respective College pays them.


 


If the attorney-in-fact does not reside where the process is going to continue, be it second instance or cassation, the court in charge will appoint a substitute. The same will happen if the attorney-in-fact changes his place of residence.


 


Article 184.- Abstention of the attorney-in-fact due to impediment or challenge


The attorney-in-fact must abstain if he is involved in any of the causes of impediment or challenge applicable to the Judge. The impediment or objection of the attorney-in-fact will be manifested within three days of notification of the appointment, accompanying the evidence. The judge will resolve outright, his decision being unchallenged.


 


Article 185.- Powers of the attorney-in-fact


The attorney-in-fact has the powers of the procedural curator and those granted by the assisted. Notwithstanding this, the attorney-in-fact may delegate the representation to another Lawyer, under his / her responsibility.


 


Article 186.- Responsibility of the attorney-in-fact


The fraud or negligence in the exercise of his function, constitute a serious fault of the attorney against professional ethics. If such fact occurs, the Judge will inform the Bar Association, without prejudice to sanctioning it with a fine of not less than five nor more than twenty Procedural Reference Units, which will be shared equally between the assisted and the Judicial Power.


 


Article 187.- End of assistance during the process


At any stage of the process, if the circumstances that led to the granting of judicial assistance cease or are modified, the assisted person must inform the Judge of this fact, the latter having to declare its completion without any other procedure than knowledge of the indicated event.


 


In the event that the judicial unit in charge of carrying out the verifications on the requests for judicial assistance informs the Judge of the cessation of the circumstances that motivated the assistance or the falsity of the same, he / she will automatically declare the assistance granted to have been completed and condemn the person who obtained the assistance. judicial to the payment of a fine equivalent to three times the fees not paid, without prejudice to the initiation of the corresponding criminal actions.


 


Additionally, the Judge may declare ex officio or at the request of a non-assisted party, the end of the Assistance within the third day after the expiration of the term granted for the presentation of the discharge, provided that the evidentiary means accompanied by the request or the documents involved, certify the termination of the state of fact that motivated its concession without prejudice to the application of the last part of the previous article.


 


In these cases, the resolution that supports the request is appealable, the one that denies it is contestable who formulated it will be ordered to pay the costs and costs of the procedure and a fine not greater than one unit of procedural reference.


 


TITLE VIII: MEANS OF EVIDENCE


Chapter I: General provisions


Article 188.- Purpose


The purpose of the evidentiary means is to prove the facts presented by the parties, to produce certainty in the Judge regarding the controversial points and to substantiate their decisions.


 


Article 189.- Opportunity


The evidence must be offered by the parties in the postulatory acts, unless otherwise provided in this Code.


 


Article 190.- Relevance and inadmissibility


The evidence must refer to the facts and custom when it supports the claim. Those that do not have that purpose will be declared inadmissible by the Judge.


 


The means of proof that tend to establish:


 


1.- Facts that are not controversial, impossible, or that are notorious or of public evidence;


 


2.- Facts affirmed by one of the parties and admitted by the other in the answer to the claim, the counterclaim or in the hearing to fix controversial points.


 


However, the Judge may order the performance of evidentiary means in the case of unavailable rights or presumed fraud or procedural fraud;


 


3.- The facts that the law presumes without admitting evidence to the contrary; and


 


4.- National law, which must be applied ex officio by the Judges. In the case of foreign law, the party invoking it must perform acts intended to prove the existence of the foreign rule and its meaning.


 


The declaration of inadmissibility will be made by the Judge at the hearing to set controversial points. This decision is appealable without suspensive effect. The means of proof will be acted upon by the Judge if the superior revokes his resolution before the sentence is issued. Otherwise, the superior will act before sentencing.


 


Article 191.- Suitability of the means of proof


All means of proof, as well as their substitutes, even if they are not typified in this Code, are suitable to achieve the purpose set forth in Article 188.


The substitutes for the evidence complement the achievement of their purpose.


 


Article 192.- Typical means of proof


Typical means of proof are:


 


1.- The declaration of part;


 


2.- The statement of witnesses;


 


3.- The documents;


 


4.- The expertise; and


 


5.- The judicial inspection.


 


Article 193.- Atypical evidence


Atypical means of evidence are those not provided for in Article 192 and are made up of technical or scientific aids that allow the purpose of the evidence to be achieved. The atypical means of proof will be acted upon and appreciated by analogy with the typical means and in accordance with what the Judge decides.


 


Article 194.- Ex officio tests


Exceptionally, when the evidence offered by the parties is insufficient to form a conviction, the Judge of First or Second Instance will order the performance of the additional and pertinent evidence that it considers necessary to form a conviction and resolve the dispute, provided that the source of evidence has been cited by the parties in the process. With this evidentiary action, the Judge will take care not to replace the parties in their burden of proof, and must assure them the right to contradict the evidence.


 


The resolution that orders the ex officio tests must be duly motivated, under penalty of nullity, this resolution being unchallenged, provided that it complies with the limits established in this article.


 


In no instance or degree shall the judgment be declared invalid for not having ordered the performance of the ex officio tests.


 


The judge can exceptionally order the appearance of a minor with discernment at the hearing of evidence or a special hearing.


 


Article 195.- Interpreter


The Judge will designate an interpreter to act as evidence when the party or the witness does not understand or express themselves in Spanish. The remuneration of the interpreter will be borne by the person who offered it, without prejudice to what is resolved in a timely manner in terms of costs.


 


Article 196.- Burden of proof


Except for different legal provisions, the burden of proof corresponds to whoever affirms facts that make up their claim, or who contradicts them by alleging new facts.


 


Article 197.- Assessment of the evidence


All evidentiary means are assessed by the Judge jointly, using his reasoned appreciation. However, in the resolution, only the essential and decisive assessments that support its decision will be expressed.


 


Article 198.- Efficacy of the test in another process


Evidence validly obtained in one process is effective in another. To do this, they must be on a certified copy by the respective jurisdictional assistant and have been acted upon with the knowledge of the party against whom they are invoked. This last requirement can be waived by reasoned decision of the Judge.


 


Article 199.- Ineffectiveness of the test


Evidence obtained by simulation, fraud, intimidation, violence or bribery lacks evidential efficacy.


 


Article 200.- Inappropriateness of the claim


If the party does not prove with evidentiary means the facts that he has affirmed in his claim or counterclaim, these will not be considered true and his claim will be declared unfounded.


 


Article 201.- Defect of form


The defect of form in the offer or performance of an evidentiary means does not invalidate it, if it fulfills its purpose.


 


Chapter II: Hearing of evidence


Article 202.- Address


The hearing of evidence will be directed personally by the Judge, under penalty of nullity. Before starting it, take each of those summoned an oath or promise to tell the truth.


 


The formula of the oath or promise is: "Do you swear (or promise) to tell the truth?"


 


Article 203.- Summons and personal attendance of those summoned


The date set for the hearing cannot be postponed and will be held at the courthouse. The parties, the legitimate third parties and the representative of the Public Ministry, if applicable, must attend it personally. Legal persons and the incapacitated will appear through their legal representatives. The parties and legitimate third parties may concur with their lawyers.


 


Except for a different provision of this Code, only if it proves a serious or justified fact that prevents its presence, the Judge will authorize a party to act through a representative.


 


If one of the parties attends the hearing, it will be held only with her.


 


If both parties do not attend, the Judge will conclude the process.


 


Article 204.- The minutes of the hearing


The hearing of evidence is recorded on video or audio, in individualized support that is incorporated into the file. A copy is delivered to the parties, leaving a record of said delivery in the record. In cases where this is not possible, the respective record is drawn up, which will contain:


 


a.- Place and date of the hearing, as well as the file to which it corresponds.


 


b.- Name of the intervening parties and, where appropriate, of those absent.


 


c.- Summary of the actions.


 


The intervening parties may suggest to the Judge the addition, precision or rectification of any incident.


 


For the preparation of the record or its recording, the respective secretary may use any technical means that makes it expeditious and secure.


 


The minutes will be signed by the Judge, the secretary and all the intervening parties. If anyone refuses to sign it, the fact will be recorded. The original of the minutes will be kept in the court's file, and the secretary must previously include a copy authorized by the Judge in the file.


 


Article 205.- Action outside the premises of the Court


If, due to illness, old age or another reason that the Judge deems admissible, an intervening party is prevented from appearing at the court's premises, their procedural action may take place at their home, in the presence of the parties and their Lawyers if they wish to attend.


 


In the case of the President of the Republic, the Presidents of the Legislative Chambers and the President of the Supreme Court, the hearing or only the corresponding procedural action may, at their request, take place in their offices.


 


Article 206.- Unity and publicity of the hearing


The evidence hearing is unique and public. If due to time or other understandable reason the suspension of the hearing proceeds, it will be declared by the Judge, who in the same act will set the date for its continuation, unless such forecast is impossible.


 


If the nature of the controversy so requires, the judge may order that the hearing be held in private.


 


Article 207.- Circumstantial restricted exercise capacity


At the discretion of the Judge, the summoned person who is in a coma at the time of the hearing, in accordance with numeral 9 of article 44 of the Civil Code, does not participate in the hearing and provided that he has not previously designated a support.


 


The Judge will take the measures that the circumstances advise, recording his decision in the minutes.


 


Article 208.- Performance of tests


On the day and time set, the Judge declares the hearing started and orders the performance of the evidence in the following order:


 


1.- The experts, who summarize their conclusions and respond to the observations made by the parties to their written reports;


 


2.- The witnesses according to the interrogation that the lawyers carry out directly, starting with the lawyer of the party who had offered it. After questions from the lawyers, the judge may ask questions;


 


3.- the recognition and exhibition of documents;


 


4.- the declaration of the parties, starting with that of the defendant.


 


If judicial inspection has been offered within the jurisdiction of the Judge, it will be carried out at the beginning, together with the expert evidence, and this and other evidence may be received at the place of the inspection, if the Judge deems it pertinent. When the circumstances justify it, the Judge, in a duly motivated and unchallenged decision, will order the performance of the judicial inspection in a special hearing.


 


When the same means of proof have been offered by both parties, those of the plaintiff will be acted first.


 


Notwithstanding the order indicated above, if both parties were present at the hearing and for any reason one of the admitted evidence could not be acted upon, the Judge may order the action of the available means. However, the performance of the declaration of the parties will always be the last means of evidence.


 


Article 209.- Confrontation


The judge may order the confrontation between witnesses, between experts and between these, the parties and the parties and between them, to achieve the purpose of the evidence.


 


Article 210.- Intervention of Lawyers


After the performance of the evidence, the Judge will grant the floor to the Lawyers who request it.


 


Article 211.- Conclusion of the hearing


Before concluding the hearing, the Judge will inform the parties that the process is expedited to be sentenced, specifying the term in which it will do so.


 


Article 212.- Arguments


Within a common term that will not exceed five days from the conclusion of the hearing, the lawyers can present a written argument, in the processes of knowledge and abbreviated.


 


Chapter III: Declaration of Party


Article 213.- Admissibility


The parties can ask each other for their statement. This will begin with an acquittal of positions, according to the specifications accompanied by the demand in a sealed envelope.


 


Once the acquittal is concluded, the parties, through their lawyers and with the direction of the Judge, can ask new questions and request clarification of the answers. During this act, the Judge can ask the parties the questions he deems appropriate.


 


Article 214.- Content


The declaration of part refers to facts or information of the provider or his represented.


 


The party must testify personally.


 


Exceptionally, in the case of a natural person, the Judge will admit the statement of the attorney-in-fact if he considers that its purpose is not lost.


 


Article 215.- Severability


When evaluating the statement, the judge can divide it if:


 


1.- It includes diverse facts, independent of each other; or


 


2.- The falsehood of a part of what has been declared is demonstrated.


 


Article 216.- Irrevocability


The declaration of part is irrevocable. The rectification of the absolvent will be appreciated by the Judge.


 


Article 217.- Form of the interrogation


The interrogation is carried out by the Judge. The questions of the interrogation must be formulated in a concrete, clear and precise way. Dark, ambiguous, impertinent or useless questions will be rejected, ex officio or at the request of a party, by a duly motivated and unchallenged resolution.


 


Questions that refer to various facts will be answered separately.


 


No interrogation sheet will have more than twenty questions for each claim.


 


Article 218.- Form and content of the responses


The answers must be categorical, without prejudice to the details that are indispensable. If the questioned person refuses to testify or responds evasively, the judge will require him to fulfill his duty. If they persist in their conduct, the Judge will appreciate the moment of resolving the conduct of the obligor.


 


The questioned person cannot use any notes or draft of his answers, but he will be allowed to consult his books or documents.


 


Article 219.- Declaration outside the place of the process


In the case of a party domiciled abroad or outside the territorial jurisdiction of the Court, the interrogation must be carried out by means of a warrant.


 


Article 220.- Exemption of responses


No one can be compelled to testify about facts that he learned under professional or confessional secrecy and when by provision of the law he can or must keep secret.


 


Nor can the declarant be obliged to answer about facts that could imply criminal guilt against himself, his spouse or common-law partner, relatives within the fourth degree of consanguinity or second degree of affinity.


 


Article 221.- Assimilated declaration


The affirmations contained in judicial proceedings or writings of the parties, are considered as their declaration, even if the process is declared void, provided that the reason for the defect does not affect them directly.


 


Chapter IV: Statement of witnesses


Article 222.- Apt witnesses


Every capable person has the duty to testify as a witness, if they have no excuse or are not prohibited from doing so. Minors under the age of eighteen can testify only in cases permitted by law.


 


Article 223.- Requirements


The one who proposes the testimony of witnesses must indicate the name, address and occupation of the same in the corresponding writing. Ignorance of the occupation will be expressed by the proponent, leaving it at the discretion of the Judge to exempt this requirement.


 


Likewise, the controversial fact regarding which the proposed must declare must be specified.


 


Article 224.- Action


The testimony of the witnesses will be made individually and separately. After identifying and reading Articles 371 and 409 of the Penal Code, the Judge will ask the witness:


 


1.- Your name, age, occupation and address;


 


2.- If you are a relative, spouse or common-law partner of any of the parties, or have friendship or enmity with them, or interest in the outcome of the process; and


 


3.- If you have an employment relationship or are a creditor or debtor of any of the parties.


 


If the witness is proposed by both parties, he will be questioned starting with the plaintiff's questions.


 


Article 225.- Limits of the testimonial statement


The witness will be questioned only on the controversial facts specified by the proponent.


 


Article 226.- Number of witnesses


Litigants can offer up to three witnesses for each of the disputed facts. In no case will the number of witnesses for each party be more than six.


 


Article 227.- Cross-questions and counter-questions


The party requesting the witness's statement may cross-examine him, either by himself or by his lawyer. The other party may cross-examine the witness, by himself or by his lawyer.


 


Article 228.- Inadmissibility of questions


The questions of the interrogation that are harmful to the honor and good reputation of the witness, will be declared inadmissible by the Judge. The same provision is applicable to cross-questions and cross-questions.


 


Article 229.- Prohibitions


It is prohibited to testify as a witness:


 


1.- Absolutely incapable, except as provided in Article 222;


 


2.- Anyone who has been convicted of a crime that, at the discretion of the Judge, affects their suitability;


 


3.- The relative within the fourth degree of consanguinity or third degree of affinity, the spouse or common-law partner, except in matters of family law or as proposed by the opposite party;


 


4.- Whoever has an interest, direct or indirect, in the result of the process; and,


 


5.- The Judge and the justice assistant, in the process they know about.


 


Article 230.- Supplementary application


The provisions relating to the declaration of a party are applicable to the testimony of witnesses, insofar as they are pertinent.


 


Article 231.- Expenses


The expenses incurred by the appearance of the witness are borne by the party that proposes it.


 


Article 232.- Effects of default


The witness who without justification does not appear at the hearing of evidence, will be sanctioned with a fine of no more than five Procedural Reference Units, without prejudice to being taken to the Court with the help of the public force, on the date set by the Judge for his statement. , only if you consider it necessary.


 


Chapter V: Documents


Article 233.- Document


It is any writing or object that serves to prove a fact.


 


Article 234.- Classes of documents


Documents are public or private writings, printed matter, photocopies, facsimile or fax, plans, tables, drawings, photographs, radiographs, cinematographic tapes, microforms both in the microfilm mode and in the mode of computer media, and other audio reproductions or video, telematics in general and other objects that collect, contain or represent some fact, or a human activity or its result


 


Article 235.- Public document


It is a public document:


 


1.- The one granted by a public official in the exercise of his powers;


 


2.- The public deed and other documents granted before or by a notary public, according to the law of the matter; and


 


3.- Anyone to whom the special laws grant said condition.


 


The copy of the public document has the same value as the original, if it is certified by the respective judicial assistant, notary public or notary public, as appropriate.


 


Article 236.- Private document


It is the one that does not have the characteristics of the public document. The legalization or certification of a private document does not make it public.


 


Article 237.- Document and act


The document and its content are different. It can subsist even if the first one is declared null.


 


Article 238.- Principle of written test


When a document does not produce conviction by itself, requiring it to be supplemented by other means of proof, it is a principle of written evidence, provided that it meets the following requirements:


 


1.- That the writing emanates from the person whom it opposes, or whom it represents or has represented; and


 


2.- That the alleged fact is plausible.


 


Article 239.- Reports


Public officials can be asked to report documents or facts. The reports are presumed authentic.


 


In the cases provided for by law, reports of documents or events may be requested from individuals. The reports will have the quality of an affidavit.


 


Article 240.- Files


The offer of administrative or judicial files in process is inadmissible. In this case, the interested party can present certified copies of it.


 


If a expired file is offered as evidence, its existence must be proven with a document.


 


Article 241.- Documents in another language


Documents in a language other than Spanish will be accompanied by their official translation or an expert translation included in Article 268, without which they will not be admitted.


 


If the translation is contested, the complainant must expressly indicate what the alleged translation defect consists of. In this case, the Judge must appoint another translator, whose fees will be paid by the challenger. If the observation turns out to be malicious, a fine will be imposed.


 


Article 242.- Ineffectiveness due to falsification of document


If the blemish of a document is declared founded because it has been proven false, it will not have evidentiary effectiveness.


 


If the falsity of a document is established in criminal proceedings, it lacks evidential efficacy in any civil process.


 


Article 243.- Ineffectiveness due to nullity of document


When a document shows the absence of an essential formality that the law prescribes under sanction of nullity, it lacks evidential efficacy. This declaration of ineffectiveness may be ex officio or as a consequence of a well-founded fault.


 


Article 244.- Falsehood or nonexistence of the parent company


The copy of a public document declared or proven false or non-existent, does not have evidentiary effectiveness. The same rule applies to certified copies of false or nonexistent records.


 


Article 245.- Certain date


A private document acquires a certain date and produces legal effectiveness as such in the process from:


 


1.- The death of the grantor;


 


2.- The presentation of the document before a public official;


 


3.- The presentation of the document before a notary public, to certify the date or legalize the signatures;


 


4.- The diffusion through a public medium of a determined or determinable date; and


 


5.- Other analogous cases.


 


Exceptionally, the Judge may consider as certain date that which has been determined by technical means that produce conviction.


 


Article 246.- Recognition


The recognized private document has for the parties and in relation to a third party, if this is the grantor, the value that the Judge assigns to it.


 


Recognition is not necessary, if there is no blemish.


 


If by appearing the party refuses to acknowledge, the document will be appreciated by the Judge at the time of resolving, taking into account the behavior of the obligor.


 


Article 247.- Ignorance of document


If the obligated party does not know the document or its content, its authenticity can be established through the collation. Once the authenticity of the document is accredited, the Judge will appreciate the behavior of the forger at the time of resolving, without prejudice to applying a fine of not less than five nor more than twenty Procedural Reference Units.


 


Article 248.- Signature by a third party upon request and acknowledgment


If the document is signed by a third party at the request of the grantor, it will be recognized by both; The grantor must state if the person who signed is the same person he requested for such purpose, and if he notices alterations, he will indicate them.


 


Article 249.- Form of recognition


The person summoned to acknowledge a written document must state whether the signature shown is his and whether the document is the same as the one signed or granted, or if it has alterations, shall indicate what these consist of.


 


If the document lacks a signature, the grantor will be questioned about the authenticity of its content and, if there are alterations, will indicate what they consist of.


 


Due to the death or incapacity of the grantor, his heir or his legal representative will be called to make the recognition, who will declare on the authenticity of the signature.


 


Article 250.- Recognition by representatives


The documents granted, extended or signed by those who at the time of doing so had a legal representative, will be recognized by them or by their current representatives.


 


The same rule applies to the recognition of documents issued by legal persons.


 


Article 251.- Recognition of printed matter


Publications in newspapers, magazines, books and other printed matter, whatever the technical medium used, will be recognized by their authors or managers.


 


Article 252.- Recognition of unwritten documents


The unwritten documents referred to in Article 234 will be recognized by their authors or managers.


 


The party that offers the evidence has the obligation to make available to the court the necessary means for its action.


 


The judge will record the facts that he observes and those indicated by the intervening parties.


 


Article 253.- Death of the grantor or author


Upon death of the grantor or author, they will be summoned to recognize the heir or, failing that, the person who, at the request of the party, can pronounce on the authenticity of the document.


 


Article 254.- Lack of recognition by third parties


The absence or non-compliance with the recognition by third parties, will be sanctioned in the manner provided for the witnesses.


 


Article 255.- Collation of public document


You can offer the comparison of the copy of a public document with its original.


 


Article 256.- Checking of copies and private document


If a copy or an original private document is crossed out or is not recognized, the copy can be compared with the original or that of the private document, in the manner provided for the performance of the expert evidence as appropriate.


 


Article 257.- Checking of written documents


In the case of written documents, the signature or letter is checked with the following documents attributed to the grantor:


 


1.- Identity documents;


 


2.- Public deeds;


 


3.- Legally recognized private documents;


 


4.- Judicial proceedings;


 


5.- Items from the Civil Status Registries;


 


6.- notarized wills;


 


7.- Unobserved securities; and


 


8.- Other suitable documents.


 


The collation will be done by preferring the document according to the order indicated above.


 


The judge may also order that, in his presence, the person to whom a crossed-out document is attributed write and sign what he or she dictates.


 


Article 258.- Additional rules to the collation


The collation of documents is governed, in addition, by the rules of the expert evidence, insofar as they are pertinent.


 


Article 259.- Exhibition by third parties


Third parties are only obliged to exhibit documents that belong to or manifestly concern or refer to any of the parties.


 


Article 260.- Exhibition of documents of legal persons and merchants


The exhibition of the documents of a legal person or a merchant can be ordered, giving the applicant the most exact idea possible of their interest and content. The action will be limited to the documents that have a necessary relationship with the process.


 


The exhibition is considered fulfilled if complete copies duly certified of the ordered documents are attached.


 


If the exhibition refers to public documents, it is complied with, giving a reason for the dependency in which the original is located.


 


At the request of the party and in view of the volume of the material offered, the Judge may order the exhibition to take place outside the premises of the Court.


 


Article 261.-Failure to display


Failure by the party obliged to exhibit will be appreciated by the Judge at the time of resolving, without prejudice to applying a fine of not less than three nor more than five Procedural Reference Units.


 


If the person who fails to comply is a third party, a fine of no less than three nor more than five Procedural Reference Units will be applied, which may be doubled if he fails to comply again on the new date set by the Judge.


 


In both cases, the fine will be applied without prejudice to the criminal liability that may arise.


 


Chapter VI: Expertise


Article 262.- Origin


The expertise proceeds when the appreciation of the disputed facts requires special knowledge of a scientific, technological, artistic or other analogous nature.


 


Article 263.- Requirements


When offering the expertise, the points on which the opinion will focus, the profession or trade of who should practice it and the controversial fact that is intended to be clarified with the result of the expertise shall be indicated clearly and precisely. The experts are appointed by the Judge in the number deemed necessary.


 


Article 264.- Expert witness


The parties may, within the same term as the experts appointed by the Judge, present an expert report on the same points that Article 263 deals with, provided that they have offered it in due time.


 


This expert may be summoned to the evidence hearing and will participate in it subject to what the Judge orders.


 


Article 265.- Expert opinion


If the experts agree, they issue a single opinion. If there is disagreement, they issue separate opinions. The opinions will be motivated and accompanied by the relevant annexes. The opinions are presented at least eight days before the hearing of evidence.


 


The expert opinion will be explained at the evidence hearing.


 


Exceptionally, when the complexity of the case justifies it, it will be based on a special hearing.


 


Article 266.- Observed opinions


The expert opinions can be observed at the evidence hearing. The observations and the corresponding opinions of the experts will be recorded in the minutes.


 


The parties may justify or expand the reasons for their observations, by writing that must be submitted within three days of the hearing. Exceptionally, the Judge may grant a supplementary period.


 


Article 267.- Concurrence


The experts will attend the judicial inspection when there is a relationship between one and the other means of evidence, as provided by the Judge, ex officio or at the request of a party.


 


Article 268.- Appointment of experts


The Executive Council of each Judicial District annually formulates the list of specialists who may be appointed experts in a process, based on the proposal reached by each professional association. When the expertise does not require university professionals, the judge will appoint the person he considers suitable. The same rule applies in the courthouses where there are no experts who meet the aforementioned requirements.


 


Article 269.- Acceptance of the position


Within the third day of being appointed, the expert accepts the position by writing made under oath or promise to act truthfully. If he does not do so, the appointment will be considered rejected and another expert will be appointed.


 


Article 270.- Damages


Experts who, without justification, delay the presentation of their opinion or do not attend the hearing of evidence, will be subrogated and sanctioned with a fine of not less than three nor more than ten Procedural Reference Units, without prejudice to civil and criminal liability to that there is place.


 


In this case, the expert opinion will be the subject of a special hearing.


 


Article 271.- Honorary


The judge sets the fee for the experts, the party offering the evidence being obliged to pay. If it does not do so within the term that the Judge designates, it may order that the evidence be dispensed with, unless the other party offers to make the payment, with a charge to be repeated.


 


When the evidence is ordered ex officio, the fee will be paid proportionally by the parties. Failure by one party empowers the other to make the payment with a repeat charge.


 


Chapter VII: Judicial Inspection


Article 272.- Origin


The judicial inspection proceeds when the Judge must personally assess the facts related to the controversial points.


 


Article 273.- Assistance of experts and witnesses


Experts and witnesses will attend judicial inspection when ordered by the Judge, in accordance with the provisions relating to said evidence.


 


Article 274.- Content of the minutes


In the minutes, the Judge will describe the place where the judicial inspection is carried out, the facts, objects or circumstances that he observes directly, as the case may be, and a pertinent summary of the observations of the experts, witnesses, parties and their Attorneys. .


 


Chapter VIII: Substitutes for the evidence


Article 275.- Purpose of substitutes


Substitutes are aids established by law or assumed by the Judge to achieve the purpose of the evidence, corroborating, complementing or substituting their value or scope.


 


Article 276.- Indication


The act, circumstance or sign sufficiently accredited through the evidence, acquire significance as a whole when they lead the Judge to the certainty about an unknown fact related to the controversy.


 


Article 277.- Presumption


It is the logical-critical reasoning that, based on one or more indicator facts, leads the Judge to the certainty of the fact under investigation.


 


The presumption is legal or judicial.


 


Article 278.- Absolute legal presumption


When the law qualifies a presumption as absolute, there is no proof to the contrary. The beneficiary of such a presumption only has to prove the reality of the fact that serves as the basis for it.


 


Article 279.- Relative legal presumption


When the law presumes a relative conclusion, the burden of proof is reversed in favor of the beneficiary of such presumption. However, this must prove the reality of the fact that it serves as a budget, if that is the case.


 


Article 280.- Doubt about the nature of a legal presumption


In case of doubt about the nature of a legal presumption, the Judge must consider it as a relative presumption.


 


Article 281.- Judicial presumption


The logical-critical reasoning of the Judge, based on rules of experience or his knowledge and from the budget duly accredited in the process, contributes to forming conviction regarding the fact or facts investigated.


 


Article 282.- Presumption and procedural conduct of the parties


The Judge may draw conclusions against the interests of the parties based on the conduct that they assume in the process, particularly when it is conspicuously manifested in the lack of cooperation to achieve the purpose of the evidence, or with other obstructive attitudes. The conclusions of the Judge will be duly substantiated.


 


Article 283.- Legal fiction


The conclusion that the law assumes as true and that is contrary to the nature or reality of the facts, does not allow proof to the contrary.


 


Chapter IX: Advance Test


Article 284.- General provision


Any legitimated person can request the performance of evidence before the start of a process. To do this, you must express the generic claim that you are going to claim and the reason that justifies your anticipated action.


 


Article 285.- Admissibility and origin


The Judge will only admit the application if the requirements set forth in Article 284 are met.


 


Article 286.- Procedure


The provisions relating to the performance of evidence are applied, insofar as they are relevant, to early evidence.


 


Article 287.- Location and action without summons


The Judge will order the performance of the evidence, summoning the person to whom it is intended to summon.


 


At the request of a party, supported by reasons of guarantee and security, and having specified the request for the future claim, the Judge may order the performance of the evidence without subpoena, by duly motivated resolution.


 


Article 288.- Enabling the day and time


When the urgency of the case requires it, the Judge can set the day and time for the requested action.


 


Article 289.- Irrecusability


The Judge and the Clerk of the Court are irrefutable in accordance with Article 761.


 


Article 290.- Expertise


If there is a risk that the passage of time or other circumstances alter the state or situation of people, places, goods or documents, the corresponding expertise may be requested.


 


Article 291.- Witnesses


When due to old age, illness or imminent absence of a person, it is essential to receive his statement, the interested party may request his testimony.


 


Article 292.- Recognition of private documents


Anyone interested in the content or effects of a document, can request that its grantor or his heirs recognize it.


 


Article 293.- Exhibition


When a person requires prior clarification of a relationship or legal situation, they can request the display of:


 


1.- The testament of the deceased by the person who is considered the successor;


 


2.- Documents referring to the asset related to the future process;


 


3.- The statements of accounts, books and other documents related to businesses or goods in which the applicant is directly involved; and


 


4.- Other movable property subject to a future process.


 


Article 294.- Absolution of positions


The alleged counterpart may be requested to absolve positions on facts that must be the subject of a future process.


 


Article 295.- Judicial inspection


In the same cases provided for in Article 290, judicial inspection may be requested.


 


Article 296.- Warnings


If the summons does not comply with the evidentiary means for which he was summoned, the following warnings will apply:


 


1.- In the acknowledgment, the document will be considered true;


 


2.- In the exhibition, the presented copy will be considered true or the specific affirmations about the content of the document as true; and


 


3.- In the acquittal of positions, the questions of the interrogation presented will be considered acquitted in the affirmative.


 


Article 297.- Competence and procedure


It is competent, in addition to the provisions of Article 33, the Judge who for reasons of amount and territory should know the future process.


 


Advance evidence is processed as a non-contentious process.


 


Article 298.- Opposition


The summons can only oppose on the grounds that the request does not meet the general requirements indicated in Article 284, the special requirements of the evidence requested or if the action is impossible.


 


Article 299.- Delivery of the file


Once the anticipated test has been performed, the file will be delivered to the interested party, keeping a certified copy of it in the court file, at the cost of the petitioner and under the responsibility of the Court Clerk.


 


Chapter X: Evidentiary Issues


Article 300.- Admissibility of the strike and the opposition


A strike can be filed against witnesses and documents. Likewise, opposition can be formulated to the performance of a declaration by a party, an exhibition, an expert opinion or a judicial inspection.


 


Atypical means of evidence can also be a matter of blackout and opposition.


 


Article 301.- Processing


The strike or opposition against the evidence is filed within the period established by each procedural channel, counted from the date of notification of the resolution that considers them to be offered, clearly specifying the grounds on which they are based and accompanying the respective evidence. The acquittal must be done in the same way and within the same period, attaching the corresponding evidence.


 


The strike, the opposition or its acquittals that do not comply with the indicated requirements will be declared inadmissible, granting a period of no more than three days to correct the defects. These requirements are not required for acquittals made in the summary process.


 


The performance of the evidentiary means is carried out in the hearing of evidence, starting this by the performance of the evidentiary issues.


 


The means of evidence questioned will be acted upon, without prejudice to its effectiveness being resolved in the sentence, except for a duly grounded and unchallenged decision.


 


Article 302.- Supervening knowledge


Exceptionally, when the cause of the strike or opposition is known after the deadline for filing it, the Judge will be informed, in writing, accompanying the supporting document. The Judge, without any other procedure than the knowledge of the other party, will appreciate the fact at the time of sentencing.


 


Article 303.- Crossing out of witnesses


In addition to the cases provided for in Article 229, witnesses may be struck out for the causes set forth in Articles 305 and 307 of this Code, insofar as they are pertinent.


 


Article 304.- Fine


The litigant who maliciously formulates a blemish or opposition, will be imposed a fine of no less than three nor more than ten Procedural Reference Units, without prejudice to the costs and costs of its processing.


 


TITLE IX: IMPEDIMENT, CHALLENGE, EXCUSSION AND WITHDRAWAL


Article 305.- Causes of impediment


The Judge is prevented from directing a process when:


 


1.- You have been a part of it before;


 


2.- He or his spouse or common-law partner, is related within the fourth degree of consanguinity, second degree of affinity or adoption with any of the parties or with their representative or attorney-in-fact or with a lawyer involved in the process;


 


3.- He or his spouse or common-law partner, has the position of guardian or curator of any of the parties;


 


4.- Has he or his spouse or common-law partner received benefits, gifts from any of the parties, before or after the process has started, even if they are of little value;


 


5.- You have heard the process in another instance, unless you have only carried out mere procedural acts; or


 


6.- Repealed


 


The impediment foreseen in the second cause is only verified when the lawyer was already exercising the sponsorship of the cause. The lawyer is prohibited from assuming a defense that causes the impediment of the Judge.


 


Article 306.- Processing of the impediment


The judge who considers himself impeded will forward the file to whoever should replace it. If the latter considers that the facts presented by the former do not constitute a cause for impediment, he will send the file to the superior for consultation so that within three days and under responsibility, he can resolve without further formality on its legality. Once the impediment has been accepted, the file will be sent to the judge who must replace the incapacitated person; otherwise, it will be returned to the Judge that he had been acquainted with.


 


In the Courts, the judge who considers himself impeded will inform the respective Chamber stating the grounds invoked. The Chamber will resolve, without proceeding, integrating with the call by law. Once the abstention is accepted, the knowledge of the corresponding process passes. The resolution that resolves the abstention is unchallenged.


 


Article 307.- Grounds for challenge


The parties may request that the Judge withdraw from the process when:


 


1.- He is an intimate friend or manifest enemy of any of the parties, demonstrated by unequivocal facts;


 


2.- He or his spouse or common-law or relative in the direct line or in the collateral line up to the second degree, first of affinity or adopted, have credit relationships with any of the parties; Except in the case of a person of law or public service;


 


3.- He or his spouse or common-law partner, are donees, employers or presumed heirs of any of the parties;


 


4.- Has intervened in the process as attorney-in-fact, member of the Public Ministry, expert, witness or defender;


 


5.- Has a direct or indirect interest in the result of the process; and,


 


6.- There is a process in force between him or his spouse or common-law partner with any of the parties, as long as it is not promoted after the start of the process.


 


Article 308.- Opportunity for challenge


A challenge can only be made until before the procedural reorganization. After this, it will be admitted only by supervening cause.


 


Article 309.- Inadmissibility of the challenge


They are not objectionable:


 


1. The Judges who are aware of the challenge process;


 


2. The commissioned Judges and those who must resolve conflicts of jurisdiction; and


 


3. The Judges who hear non-contentious proceedings.


 


Exceptionally, in the executive process, recusal will proceed provided that the cause is supported by a reliable document and is proposed within the period for the contradiction. A second challenge against the same Judge will not be admitted in the same process, except if a reliable document proving the cause is attached. In no case can the same Judge be challenged for the third time in the same process.


 


Article 310.- Formulation and processing of the challenge


The challenge will be formulated before the Judge or the Chamber that knows the process, substantiating the alleged cause. In the same letter, the evidence will be offered, except the declaration of the challenged, which is inadmissible.


 


When the challenged judge accepts the origin of the cause, he must excuse himself from continuing to intervene through a grounded resolution, ordering the sending of the file to whoever should replace it.


 


If he does not accept the challenge, he will issue a reasoned report and form a notebook, sending it to the appropriate Judge, summoning the parties. The challenge process does not suspend the main process, but the challenged must refrain from issuing any resolution that puts an end to the process. The Judge to whom the notebook is sent will process and resolve the challenge in accordance with the provisions of Article 754 as appropriate. Your decision is unassailable.


 


A challenge filed against a judge of a collegiate court, proceeds in the manner described in the preceding paragraph. However, the challenge will be resolved by the other members of the Chamber, without the need for integration, having to call another Judge only in case of discord.


 


Article 311.- Scope of application: impediment, challenge and abstention


The grounds for impediment and challenge apply to the Judges of all instances and to those of the Cassation Chamber. The Judge who is affected by any cause of impediment, must abstain and declare himself impeded as soon as he notices the existence of it.


 


Article 312.- Challenge for not complying with the duty of abstention


The judge who does not comply with his duty of abstention due to impediment may be challenged by any of the parties.


 


Article 313.- Abstention for decorum


When reasons are presented that disturb the role of the Judge, the latter, due to decorum or delicacy, may abstain by means of a duly substantiated resolution, forwarding the file to the Judge who must hear about its proceedings.


 


If the judge to whom the files are referred considers that the grounds presented do not justify the separation of the process, he will follow the procedure provided for in Article 306.


 


Article 314.- Liminal rejection of the challenge.


The request for disqualification must be rejected without processing it in the following cases:


 


1.- If the reason invoked is not specified in the recusal document;


 


2.- If the cause is manifestly inadmissible; and


 


3.- If the necessary evidence is not offered to prove the cause.


 


Article 315.- Auxiliary bodies


The jurisdictional assistants and the judicial aid bodies may be challenged for the causes contained in Articles 305 and 307 that are applicable to them. Likewise, they have the duty to abstain if they are affected by any of the causes of impediment.


 


The challenge will be formulated before the Judge or the respective Chamber, and must be processed in accordance with the provisions of Article 310, as applicable. If the challenge is protected, the justice assistant must be replaced by the one named in the same resolution, which is unchallenged.


 


Article 316.- Sanction to the challenger


When a request for disqualification is rejected, the Judge may order the challenger to pay a fine of no less than three nor more than ten Procedural Reference Units, without prejudice to the conviction for the costs and costs of the challenge process.


 


TITLE X: INTERRUPTION, SUSPENSION AND CONCLUSION OF THE PROCESS


Article 317.- Interruption of the term or deferral of the term to carry out a procedural act


The declaration of interruption has the effect of cutting the term or deferring the term to carry out a procedural act, producing the ineffectiveness of the fraction of the term or deferring the elapsed term.


 


The interruption will be declared by the Judge in an unquestionable resolution, ex officio or at the request of a party, sustaining it on the occurrence of an unforeseen event or that being foreseeable is inevitable.


 


The deadline for requesting the declaration of interruption expires on the third day after the interruption event ceased.


 


Article 318.- Suspension of the process or procedural act


Suspension is the disabling of a period of time of the process or of a part of the period granted for the performance of a procedural act.


 


Article 319.- Conventional suspension


The suspension agreed by the parties requires judicial approval. It is granted only once per instance and cannot be longer than two months in each case.


 


Article 320.- Legal and judicial suspension


The suspension of the process can be declared, ex officio or at the request of a party, in the cases provided by law or when at the discretion of the Judge it is necessary.


 


The judge at the request of a party, suspends the issuance of the sentence in a process provided that the claim raised in it depends directly on what must be resolved in another process in which another claim has been raised whose elucidation is essential and decisive to resolve the claim raised by him. For this, it is necessary that the claims are related, despite which they cannot be accumulated, otherwise, their accumulation must be arranged.


 


Article 321.- Conclusion of the process without declaration on the merits


The process is concluded without a declaration on the merits when:


 


1.- The claim is withdrawn from the jurisdictional sphere;


 


2.- By legal provision, the conflict of interest ceases to be a justiciable case;


 


3.- The abandonment of the process is declared;


 


4.- The resolution that covers any exception or prior defense is consented without the plaintiff having complied with cleaning up the procedural relationship within the term granted in accordance with Article 451, in the cases that correspond to that;


 


5.- The Judge declares the expiration of the right;


 


6.- The plaintiff withdraws from the process or the claim;


 


7.- Consolidation occurs in the rights of the litigants; or,


 


8.- In the other cases provided for in the legal provisions.


 


The costs and costs of the process are set according to the host institution and the party that gave rise to the declaration of conclusion.


 


Article 322.- Conclusion of the process with a statement on the merits


The process concludes with a statement on the merits when:


 


1.- The Judge declares the claim definitively founded or unfounded;


 


2.- The parties reconcile;


 


3.- The defendant acknowledges the claim or agrees to the petition;


 


4.- The parties compromise; or


 


5.- The plaintiff waives the right that supports his claim.


 


TITLE XI: SPECIAL FORMS OF CONCLUSION OF THE PROCESS


Chapter I: Conciliation


Article 323.- Opportunity for conciliation


The parties can reconcile their conflict of interest at any stage of the process, provided that no judgment has been issued in the second instance.


 


Article 324.- Formality of the conciliation


The conciliation is carried out before a conciliation center chosen by the parties; however, if both request it, the Judge may summon it at any stage of the process. The Judge is not objectionable due to the manifestations that he could formulate in this hearing.


 


Judges, ex officio or at the request of both parties, may summon a conciliation hearing before issuing a sentence, except in cases of family violence. If the conciliation hearing is at the request of both parties and either party does not attend it, a fine of between three and six procedural reference units (URP) is applied.


 


Article 325.- Background requirement of the conciliation


The Judge will approve the conciliation that deals with available rights, provided that the agreement is adapted to the legal nature of the right in dispute.


 


Article 326: Conciliation hearing


With the parties present, or their attorneys-in-fact or representatives with the capacity to do so, the Judge will listen to the reasons presented by order. He will immediately propose the conciliation formula that his prudent discretion advises him. You can also order the suspension of the hearing and its subsequent resumption within a period of no more than ten days.


 


If the conciliatory formula is accepted, it will be entered in the Book of Conciliations that each court will carry out for this purpose, leaving a record in the file. If the proposal is not accepted, a record will be issued describing the formula proposed, also mentioning the party that did not agree to it.


 


If the sentence grants the same or lesser right than the one proposed in the conciliation and was rejected, the one who rejected it is imposed a fine of not less than two nor more than ten Procedural Reference Units, except in the case of maintenance process , in which case the judge may reduce the fine based on the amount demanded and the amount ordered to pay in judgment.


 


Article 327.- Conciliation and process


If, having opened a process, the parties conciliate outside of it, they will present in writing the respective Conciliation Act, issued by an Extrajudicial Conciliation Center.


 


Presented by the parties the conciliation act, the Judge will approve it after verification of the requirement established in article 325 and will declare the process concluded.


 


If the conciliation presented to the Judge is partial, and it falls on any of the claims or refers to one or more of the litigants, the process will continue with respect to the claims or the unaffected persons. In the latter case, the regulations on third-party intervention will be taken into account.


 


Article 328.- Effect of the conciliation


The conciliation has the same effect as the sentence that has the authority of res judicata.


 


Article 329.- Protocol of conciliation


The copy of the record of the Book of Conciliations, certified by the Judge and issued at the request of the interested party, is a full instrument for the exercise of the rights contained therein, as well as for its registration in the corresponding registry.


 


Chapter II: Search and Recognition


Article 330.- Search and Recognition


The defendant may expressly acquiesce or acknowledge the claim, legalizing his signature before the jurisdictional Auxiliary. In the first case, he accepts the claim directed against him; in the second, in addition to accepting the claim, it admits the veracity of the facts set forth in the claim and its legal grounds.


 


The recognition is regulated by the provisions for the search.


 


Article 331.- Opportunity of the search


The defendant can agree to the claim at any stage of the process, prior to sentencing.


 


The search proceeds with respect to any of the demanded claims.


 


Article 332.- Inadmissibility of the search


The judge declares the search inadmissible and orders the continuation of the process when:


 


1.- The defendant does not have the capacity to dispose of the right in conflict;


 


2.- The attorney or representative of the defendant lacks the power to acquiesce;


 


3.- The admitted facts need to be proven by other means, in addition to the declaration of the party;


 


4.- The conflict of interest affects public order or good customs;


 


5.- The conflict of interest includes unavailable rights;


 


6.- Having necessary joint litigation, the search does not come from all the defendants;


 


7.- Presume the existence of fraud or procedural fraud;


 


8.- Warns that the sentence to be issued will take effect against a third party not summoned; or


 


9.- The defendant is the State or another person of public law, unless its representative has express authorization.


 


Article 333.- Effect of the search


Once the search has been declared, the Judge must issue an immediate sentence, unless it does not refer to all the claims demanded.


 


Chapter III: Judicial transaction


Article 334.- Timeliness of the transaction


At any stage of the process, the parties can compromise their conflict of interest, even during the cassation appeal process and even when the cause is up for vote or in disagreement.


 


Article 335.- Requirements of the transaction


The judicial transaction must be carried out only by the parties or those who have express power to do so on their behalf. It is presented in writing, specifying its content and legalizing their signatures before the respective Secretary.


 


If, having opened a process, the parties compromise outside of it, they will present the document that contains the transaction, legalizing their signatures before the respective Secretary in the document in which they accompany it, a requirement that will not be necessary when the transaction is recorded in a public deed or document with a legalized signature. .


 


Article 336.- Transaction of the State and other persons of public law


The Legislative, Executive and Judicial Powers, the Public Ministry, the autonomous constitutional bodies, the Regional and Local Governments and the universities, can only compromise with the prior express approval of the competent authority or official.


 


This requirement is also applicable to conciliation, the withdrawal of the claim and the process.


 


Article 337.- Homologation of the transaction


The Judge approves the transaction as long as it contains reciprocal concessions, deals with economic rights and does not affect public order or good customs, and declares the process concluded if it reaches all of the proposed claims. Any decision on the fund that is not final remains without effect.


 


The transaction that ends the process has the authority of res judicata. The breach of the transaction does not authorize the injured party to request its resolution.


 


If the transaction falls on any of the proposed claims or is related to any of the persons, the process will continue with respect to the claims or persons not included in it. In the latter case, the regulations on third-party intervention will be taken into account.


 


With the judicial settlement it is not possible to create, regulate, modify or extinguish material relationships outside the process.


 


Article 338.- Supplementary regulations


In everything not provided for in this Chapter, the pertinent regulations of the Civil Code apply.


 


Article 339.- Legal act after the sentence


Even if there is a consented or enforceable sentence, the parties may agree to waive the obligation it contains, renew it, extend the term for its fulfillment, agree to a dation in payment and, in general, celebrate any legal act intended to regulate or modify compliance with the judgment. However, said legal act does not have the quality of a transaction nor does it produce the effects of it.


 


Chapter IV: Withdrawal


Article 340.- Withdrawal classes


The withdrawal can be:


 


1.- Of the process or of some procedural act; and


 


2.- Of the claim.


 


Article 341.- General aspects of the withdrawal


The withdrawal is not presumed. The document that contains it must specify its content and scope, the proponent legalizing its signature before the respective Secretary.


 


Withdrawal is unconditional and only hurts those who do so.


 


Article 342.- Opportunity


The withdrawal of the process or the procedural act is interposed before the procedural situation that is waived has taken effect.


 


The withdrawal of the claim proceeds before the sentence is issued in the first instance, unless it is conventional.


 


Article 343.- Withdrawal of the process or procedural act


The withdrawal of the process is concluded without affecting the claim. When it is formulated after the claim has been notified, it requires the defendant's agreement, expressed within the third day after notification, or in default. If there is opposition, the withdrawal will be ineffective, and the process must continue.


 


The withdrawal of any procedural act, be it a means of challenge, a means of defense or another, renders the procedural situation favorable to its holder without effect. If the withdrawal is from a challenging means, its effect is to make the contested act firm, unless adhesion has been filed.


 


Article 344.- Withdrawal of the claim


The resolution that approves the withdrawal of the claim, produces the effects of an unfounded claim with the authority of res judicata. This withdrawal will not require the agreement of the defendant, and the Judge must only review the capacity of the person who carries it out and the nature of the right that supports the claim, taking into account the provisions on the inadmissibility of the search as appropriate.


 


If the withdrawal does not refer to all the claims or if it is only deducted by one of the plaintiffs, the process will continue with respect to the claims and persons not included in it. In the latter case, the provisions on the necessary joint venture must be borne in mind.


 


The withdrawal of the claim does not impede the process of the counterclaim, which will continue before the same Judge, whatever its amount.


 


Article 345.- Withdrawal of unresolved claim


The holder of a claim not resolved in the first instance, can withdraw from it before the process is decided by the superior.


 


Chapter V: Abandonment


Article 346.- Abandonment of the process


When the process remains in the first instance for four months without an act that prompts it, the judge will declare its abandonment ex officio or at the request of a party or a legitimate third party .


 


For the calculation of the abandonment period, the process is understood to have started with the presentation of the claim.


 


For the same computation, the period during which the process would have been paralyzed by agreement of the parties approved by the judge is not taken into account.


 


Article 347.- Precautionary measures


Once the resolution that declares the abandonment of the process has been consented or executed, the precautionary measures are rendered ineffective, and the file is filed.


 


Article 348.- Nature of abandonment


The abandonment operates for the only course of the term from the last procedural action or from the notification of the last resolution.


 


There is no abandonment if after the period has elapsed, the beneficiary with it performs an act of procedural impulse.


 


Acts of procedural impulse are not considered those that are not intended to activate the process, such as the designation of a new domicile, request for copies, appearance of a new attorney and other similar.


 


Article 349.- Stoppage that does not cause abandonment


Abandonment does not operate when the stoppage of the process is due to force majeure and that the litigants could not have overcome with the procedural means at their disposal.


 


Article 350.- Inadmissibility of abandonment


 


There is no abandonment:


 


1.- In the processes that are in execution of sentence;


 


2.- In non-contentious processes;


 


3.- In the processes in which imprescriptible claims are disputed;


 


4.- In the processes that are being sentenced, unless action is pending, the performance of which depends on a party. In this case, the term is counted from the notification of the resolution that ordered it;


 


5.- In the processes that are pending a resolution and the delay in issuing it is attributable to the Judge, or the continuation of the process depends on an activity that the law imposes on the jurisdictional Auxiliary or the Public Ministry or another authority or official public that must comply with a procedural act required by the Judge; and,


 


6.- In the processes that the law indicates.


 


Article 351.- Effects of abandoning the process


Abandonment ends the process without affecting the claim. However, his declaration prevents the plaintiff from starting another process with the same claim for one year, counted from the notification of the order declaring it. It also restores things to the state they were in before the lawsuit.


 


If, for the second time, between the same parties and in the exercise of the same claim, abandonment is declared, the right sought is extinguished and the cancellation of the plaintiff's titles is ordered, if there is a case.


 


Article 352.- Validity of tests performed in abandoned process


The tests performed in a process extinguished by default are valid and can be offered in another process.


 


Article 353.- Appeal resources


The resolution declaring the abandonment is appealable with suspensive effect. The appeal can only be based on the existence of a calculation error, or force majeure. The resolution that rejects an abandonment request is appealable without suspensive effect.


 


Article 354.- Abandonment and expiry prescription


Once the abandonment is declared, the prescription interrupted by the location continues to run, as if the interruption had not occurred.


 


TITLE XII: CHALLENGING MEANS


Chapter I: General Provisions


Article 355.- Challenge means


By means of challenge, the parties or legitimate third parties request that a procedural act allegedly affected by defect or error be annulled or revoked, in whole or in part.


 


Article 356.- Classes of contesting means


The remedies can be formulated by whoever considers himself aggrieved by procedural acts not contained in resolutions. The opposition and other remedies are only filed in the cases expressly provided for in this Code and within a third day after the injury is known, except for a different legal provision.


 


Appeals can be made by whoever considers himself to be aggrieved with a resolution or part of it, so that after a new examination of it, the alleged defect or error is corrected.


 


Article 357.- Admissibility requirements of the challenging means


The impugnative means are brought before the jurisdictional body that committed the vice or error, unless otherwise provided. The formality and deadlines provided in this Code for each one will also be attended to.


 


Article 358.- Provenance requirements of the challenging means


The challenger will base his request on the procedural act in which he interposes it, specifying the offense and the vice or error that motivates it. The challenger must adapt the means he uses to the procedural act he is challenging.


 


Article 359.- Breach of the requirements


Failure to comply with any of the requirements determines the declaration of inadmissibility or inadmissibility of the challenging means, by means of a duly substantiated resolution. This resolution is only appealable in complaint in the cases of Article 401.


 


Article 360.- Prohibition of double recourse


A party is prohibited from filing two appeals against the same resolution.


 


Article 361.- Waiver of appeal


During the course of the process, the parties may agree to waive an appeal against the resolutions that, by ruling on the merits, put an end to it. This waiver will be admissible as long as the right that supports the disputed claim is waivable and does not affect public order, good customs or mandatory rule.


 


Chapter II: Replacement


Article 362.- Origin


The appeal for reconsideration proceeds against the decrees in order for the Judge to revoke them.


 


Article 363.- Procedure


The term to file it is three days, counted from the notification of the resolution. If the appeal is filed, the Judge notices that the defect or error is evident or that the appeal is notoriously inadmissible or inadmissible, he will declare it so without the need for processing. If deemed necessary, the Judge will grant a transfer for three days. Once the deadline has expired, it will resolve with your answer or without it.


 


If the contested resolution is issued at a hearing, the appeal must be filed orally and resolved immediately, prior transfer to the opposing party or in default.


 


The order that resolves the appeal for reconsideration is unquestionable.


 


Chapter III: Appeal


Article 364.- Object


The appeal is intended for the higher court to examine, at the request of a party or a legitimate third party, the resolution that causes them harm, with the purpose of having it totally or partially annulled or revoked.


 


Article 365.- Origin


Appeal proceeds:


 


1.- Against the judgments, except those that can be challenged with a cassation appeal and those excluded by agreement between the parties;


 


2.- Against the files, except those that are issued in the processing of an articulation and those that this Code excludes; and


 


3.- In the cases expressly established in this Code.


 


Article 366.- Grounds for the grievance


The one who files the appeal must substantiate it, indicating the error of fact or law incurred in the resolution, specifying the nature of the offense and supporting his / her claim to challenge.


 


Article 367.- Admissibility and inadmissibility


The appeal is filed within the legal term before the Judge who issued the contested resolution, accompanying the receipt of the respective judicial fee when it is required.


 


The appeal or adhesion that do not accompany the receipt of the fee, are filed after the deadline, that have no basis or do not specify the grievance, will be declared inadmissible or inadmissible, as the case may be.


 


For the purposes referred to in Article 357, the appellant will be ordered to remedy, within a period of no more than five days, the omission or defect that could be noticed in the receipt of payment of the respective fee, in the notification certificates, in the authorization of the appeal by the Collegiate Lawyer or in the signature of the appellant, if he / she is domiciled in the city where the court that hears the appeal is based. If the omission or defect is not corrected, the appeal will be rejected and declared inadmissible.


 


If the appellant does not have a procedural domicile in the city where the court heard the appeal, he will process the case regularly and it will be the Judge who will order the corresponding correction of the error.


 


The superior can also declare the appeal inadmissible or inadmissible, if he realizes that the requirements for granting it have not been met. In this case, in addition, the concessionaire will be declared void.


 


Article 368.- Effects


The appeal is granted:


 


1.- With suspensive effect, so that the effectiveness of the appealed resolution is suspended until the notification of the order that the provisions of the superior are complied with.


 


Notwithstanding the suspension, the Judge who issued the contested resolution may continue to hear the issues that are processed in a separate notebook. Likewise, it may, at the request of the party and in a duly motivated decision, order precautionary measures that prevent the suspension from causing irreparable harm.


 


2.- No suspensive effect, so the effectiveness of the contested resolution is maintained, even for compliance with it.


 


When granting the appeal, the Judge will specify the effect in which the appeal is granted and if it is deferred, if applicable.


 


Article 369.- Deferred appeal


In addition to the cases in which this Code provides, ex officio or at the request of a party, the Judge may order that the processing of an appeal be reserved without suspensive effect, in order for it to be resolved by the superior together with the sentence or other resolution that the judge indicates. The reasoned decision of the Judge is unquestionable.


 


The lack of appeal of the sentence or of the resolution indicated by the Judge determines the ineffectiveness of the deferred appeal.


 


Article 370.- Competence of the superior judge


The superior judge cannot modify the contested resolution to the detriment of the appellant, unless the other party has also appealed or has joined or is a minor. However, you can integrate the appealed resolution in the deciding part, if the justification appears in the considering part.


 


When the appeal is from a car, the superior's competence only reaches this and its processing.


 


Article 371.- Origin of the appeal with suspensive effect


The appeal proceeds with suspensive effect against the judgments and orders that conclude the process or prevent its continuation, and in the other cases provided for in this Code.


 


Article 372.- Origin of the appeal without suspensive effect


Appeals without suspensive effect proceed in cases expressly established by law and in those in which no appeal with suspensive effect is required.


 


When this Code does not refer to the effect or the quality in which a resolution is appealable, it is without suspensive effect and without the quality of deferred.


 


Article 373.- Term and procedure of the appeal of sentences


The appeal against the sentences is filed within the term established in each procedural channel, counted from the day following its notification.


 


Once the appeal is granted, the file will be raised within a period of no more than twenty days, counted from the granting of the appeal, unless otherwise provided in this Code. This activity is the responsibility of the jurisdictional Assistant.


 


In the processes of knowledge and abbreviated, the superior will grant transfer of the appeal letter for a period of ten days.


 


When answering the transfer, the other party may adhere to the appeal, justifying their grievances, of which transfer will be granted to the appellant for ten days.


 


With the acquittal of the other party or of the appellant if there was adhesion, the process is expedited to be resolved, with the declaration of the superior judge in this regard, indicating the day and time for the hearing of the case.


 


The withdrawal of the appeal does not affect the adhesion.


 


Article 374.- Evidence in the appeal of sentence


The parties or legitimate third parties may offer evidence in the writing of the appeal or in the acquittal of grievances, only in the following cases:


 


1.- When the evidence refers to the occurrence of events relevant to the right or interest discussed, but occurred after the application stage of the process had concluded; and


 


2.- In the case of documents issued after the start of the process or that have not been proven and obtained previously.


 


The resolution by which the superior declares the evidence offered inadmissible is unquestionable. If they were admitted and required, a date will be set for the respective hearing, which will be directed by the least senior Judge, if the superior is a collegiate body.


 


Article 375.- Hearing of the case and oral report


In the processes of knowledge and abbreviated, the designation of the date for the hearing of the case is notified to the parties ten days before its realization.


 


In the other processes, notice is given in advance of five days.


 


Oral report only proceeds when the appeal has been granted with suspensive effect.


 


Within the third day of notification of the hearing date, the Lawyer who wishes to inform will communicate it in writing, indicating whether the party will report facts. The communication is considered accepted by the mere fact of its presentation, without requiring additional citation. Postponement is not allowed.


 


The provisions of this Article apply to all civil courts that perform a second instance function.


 


Article 376.- Term and procedure of the appeal of cars with suspensive effect


The appeal against the files to be granted with suspensive effect, is filed within the following periods:


 


1.- Three days if the order is pronounced out of court. This is also the deadline for joining and for replying, if any; or


 


2.- In the same hearing, if the order was issued in it, but its justification and other requirements will be fulfilled in the same term as the previous paragraph.


 


The Clerk of the Court will send the file to the superior within five days after the appeal or adhesion has been granted, if applicable, under responsibility.


 


Within five days of receipt, the superior will inform the parties that the files are expedited to be resolved and will designate the day and time for the hearing of the case.


 


The allegation of new facts is inadmissible.


 


The final resolution will be issued within the five days following the hearing of the case.


 


Article 377.- Processing of the appeal without suspensive effect


The appeal is filed within the same terms provided for in the previous article. In the same resolution that grants the appeal without suspensive effect and without the quality of deferred, the actions that must be sent to the superior are specified, considering those proposed by the appellant when appealing, without prejudice to the fact that the instance that resolves may request the documents that you consider necessary.


 


Within the third day of notification of the concessionaire, the other party may adhere to the appeal and, if considered, ask the Judge to add to the appeal notebook the actions that he deems appropriate, upon payment of the respective fee.


 


The jurisdictional auxiliary, within five days of being notified by the concessionaire, under responsibility, sends to the corresponding instance the pieces indicated by the Judge, duly scanned, forming a virtual appeal notebook, in addition to the remittance document signed by the Judge, adding the original to the main file that it uploads in cd and other magnetic medium and leaving a record of the date of shipment.


 


In the cases in which the jurisdictional bodies do not have the possibility of scanning, the jurisdictional assistant sends the photocopies of the procedural pieces.


 


In cases where the same resolution has been appealed by several parties or persons, a single appeal notebook will be formed, under responsibility.


 


Received the notebook by the instance that resolves the appeal, this communicates to the parties that the files are expedited to be resolved. In this process, there is no oral report or any other procedural activity. Notwithstanding this, the Superior may ex officio summon the Lawyers to inform or respond to specific questions contained in the appealed resolution.


 


Article 378.- Acts against the sentence issued in second instance


Only the request for clarification or correction and the appeal for cassation will proceed against the judgments of the second instance, provided that the formal and substantive requirements for their admission are met.


 


Article 379.- Compliance with the judgment of second instance


Once the sentence of second instance that contains a mandate has been consented, and the file is returned to the Judge of the claim, the sentence acquires the quality of title of judicial execution, proceeding in accordance with the provisions of Chapter V, Title V of SECTION FIFTH of this Code.


 


Article 380.- Nullity or revocation of an appealed resolution without suspensive effect


The nullity or revocation of an appealed resolution without suspensive effect, determines the ineffectiveness of everything acted on the basis of its validity, and the Judge of the claim must specify the actions that are without effect, taking into account what was resolved by the superior.


 


Article 381.- Costs and costs in second instance


When the second instance sentence fully confirms the first instance sentence, the appellant will be sentenced with the costs and costs. In all other cases, the sentence will be set according to the terms of the revocation and the conduct of the parties in the second instance.


 


Article 382.- Appeal and nullity


The appeal contains intrinsically the annulment, only in cases where the defects are related to the formality of the contested resolution.


 


Article 383.- Return of the file


Once the appeal has been resolved with suspensive effect, the file will be returned to the Judge of the claim, within ten days of the resolution being notified, under the responsibility of the respective justice assistant.


 


Once the appeal is resolved without suspensive effect, the secretary of the superior notifies the resolution to the parties within the third day of issuance. Within the same period, under responsibility, it sends the judge of the claim a copy of the decision, by facsimile or by the fastest possible means. The appeal notebook with the original of the respective resolution is kept in the superior's file, being returned with the principal only when the appeal that ends the process is resolved.


 


Chapter IV: Cassation


Article 384.- Purposes of the cassation


The purpose of the appeal for cassation is the adequate application of the objective law to the specific case and the uniformity of the national jurisprudence by the Supreme Court of Justice.


 


Article: 385.- Repealed


Article 386.- Causes


The appeal is based on the normative infringement that directly affects the decision contained in the contested resolution or in the unjustified departure from the judicial precedent.


 


Article 387.- Admissibility requirements


The appeal is filed:


 


1.- Against the sentences and orders issued by the superior chambers that, as second-degree organs, put an end to the process;


 


2.- Before the jurisdictional body that issued the contested resolution or before the Supreme Court, accompanying a copy of the notification card of the contested resolution and of the first-degree issued, certified with a stamp, signature and fingerprint, by the lawyer who authorizes the resource and under responsibility for its authenticity.


 


In the event that the appeal is presented to the Superior Chamber, it must be remitted to the Supreme Court without further processing within a period of three days;


 


3.- within a period of ten days, counted from the day after notification of the contested resolution, plus the term of the distance when appropriate;


 


4.- attaching the receipt of the respective fee.


 


If the requirements set forth in numerals 1 and 3 are not met, the Court will reject the appeal outright and will impose on the appellant a fine of not less than ten nor more than fifty Procedural Reference Units in the event that it considers that its filing had as causes malicious or reckless conduct by the challenger.


 


If the appeal does not meet the requirements set forth in paragraphs 2 and 4, the Court will grant the challenger a period of three days to correct it, without prejudice to sanctioning him with a fine of not less than ten nor more than twenty Procedural Reference Units if his Interposition was caused by malicious or reckless conduct. Once the term has expired without the correction taking place, the appeal will be rejected.


 


Article 388.- Provenance requirements


The requirements of origin of the appeal are:


 


1.- That the appellant had not previously consented to the adverse resolution of first instance, when it is confirmed by the resolution that is the subject of the appeal;


 


2.- describe clearly and precisely the regulatory infringement or departure from judicial precedent;


 


3.- demonstrate the direct impact of the infringement on the contested decision;


 


4.- indicate if the casatorio request is annulled or revoked. If it is annulment, it will be specified whether it is total or partial, and if it is the latter, it will be indicated up to what point the nullity must reach. If it is revoked, it will be specified what the action of the Chamber should consist of. If the appeal contains both requests, the annulment shall be understood as the principal and the revocation as subordinate.


 


Article 389.- Repealed


Article 390.- Repealed


Article 391.- Processing of the appeal


Once the appeal is received, the Supreme Court will proceed to examine compliance with the requirements set forth in Articles 387 and 388 and will decide by declaring the appeal inadmissible, admissible or inadmissible, as the case may be.


 


Once the appeal has been declared admissible, the Supreme Chamber will act as follows:


 


1.- In the event that the appeal has been filed before the Superior Chamber, it will set a date for the hearing of the case.


 


2.- In the event that the appeal has been filed before the Supreme Chamber, it will officiate to the Superior Chamber ordering it to forward the file within three days. The Superior Chamber will inform the parties of their letter of referral, so that they may appear and establish a procedural domicile at the headquarters of the Supreme Court. Once the file is received, the Supreme Chamber will set a date for the hearing of the case.


 


The parties may request an oral report within the three days following notification of the resolution that sets the date for hearing the case.


 


Article 392.- Inadmissibility of the appeal


Failure to comply with any of the requirements set forth in article 388 gives rise to the inadmissibility of the appeal


 


Article 392-A.- Exceptional origin


Even if the contested resolution does not comply with any requirement set forth in Article 388, the Court may exceptionally grant it if it considers that by resolving it it will fulfill any of the purposes set forth in Article 384.


 


Considering the extraordinary nature of the granting of the appeal, the Court will state the reasons for its origin.


 


Article 393.- Suspension of the effects of the contested resolution


The filing of the appeal suspends the effects of the contested resolution.


 


In the event that the appeal has been presented to the Supreme Chamber, the appellant must inform the Superior Chamber of this fact within five days of filing the appeal, under responsibility.


 


Article 394.- Procedural activity of the parties


During the processing of the appeal, the procedural activity of the parties is limited to the power to present written reports and a single oral report during the hearing of the case.


 


The only source of proof is that of documents that prove the existence of the judicial precedent, or of the foreign law and its meaning, in the proceedings on private international law.


 


If a procedural representative is appointed or changed, this situation must be proven.


 


Article 395.- Term to sentence


The Chamber will issue a sentence within fifty days from the hearing of the case.


 


Article 396.- Grounded judgment and effects of the appeal


If the Supreme Chamber declares the appeal for infringement of a substantive law rule founded, the contested resolution must be revoked, in whole or in part, as appropriate. The decision will also be revoked if the violation is of a procedural rule which, in turn, is the subject of the contested decision.


 


If the appeal for unjustified departure from the judicial precedent is declared founded, the Court will proceed according to what is indicated in the previous paragraph, as appropriate to the material or procedural nature of this.


 


If the infringement of the procedural norm affected the right to effective judicial protection or due process of the challenger, the Court adjusts the contested resolution and, furthermore, as appropriate:


 


1.- Orders the Superior Chamber to issue a new resolution; or


 


2.- annuls the actions up to and including the page containing the infraction or as far as the effects of the declared nullity reach, and orders that the process be restarted; or


 


3.- annuls the appealed resolution and orders the first degree judge to issue another; or


 


4.- annuls the appealed resolution and declares the action null and void and the claim is inadmissible.


 


In any of these cases, the verdict is binding on the respective court.


 


Article 397.- Unfounded judgment


The sentence must give reasons for the grounds for declaring the appeal unfounded when none of the grounds provided for in Article 386 have been presented.


 


The Chamber will not match the sentence for the sole fact of being wrongly motivated, if its operative part is in accordance with the law. However, you must make the corresponding rectification.


 


Article 398.- Repealed


Article 399.- Repealed


Article 400.- Judicial precedent


The Supreme Civil Chamber may summon the plenary session of the supreme civil magistrates for the purpose of issuing a judgment that constitutes or varies a judicial precedent.


 


The decision taken by an absolute majority of those attending the plenary session constitutes judicial precedent and binds the jurisdictional bodies of the Republic, until it is modified by another precedent.


 


Lawyers may report orally at the hearing of the case, before the full casatorio.


 


The full text of all casatory judgments and resolutions that declare the appeal inadmissible are compulsorily published in the Official Gazette, even if they do not establish a precedent. The publication is made within sixty days of issuance, under responsibility.


 


Chapter V: Complaint


Article 401.- Object


The object of the complaint is the re-examination of the resolution that declares an appeal inadmissible or inadmissible. It also proceeds against the resolution that grants an appeal in an effect other than that requested.


 


Article 402.- Admissibility and origin


The document containing the appeal is accompanied, in addition to the receipt that certifies the payment of the corresponding fee, a simple copy with the stamp and the signature of the appellant's Attorney on each one, and under responsibility for its authenticity, of the following actions:


 


1.- Brief that motivated the appealed resolution and, where appropriate, those referring to its processing.


 


2.- Decision appealed.


 


3.- Written appeal.


 


4.- Denial resolution.


 


The document in which the complaint is filed must contain the grounds for granting the denied appeal. Likewise, it will specify the dates on which the appealed resolution was notified, the appeal was filed and the denial of the appeal was notified.


 


Article 403.- Filing


The complaint is filed with the superior who denied the appeal or granted it in effect other than the request. The term to file it is three days, counted from the day following notification of the resolution that denies the appeal or of the one that grants it in effect other than that requested.


 


In the case of judicial districts other than those of Lima and Callao, the petitioner may request the judge who denied the appeal, within the aforementioned period, that his complaint and annexes be forwarded through official channels.


 


The judge will forward the complaint notebook to the superior within a second business day, under responsibility.


 


Article 404.- Processing of the appeal


Once the appeal has been filed, the superior judge may reject it if any requirement of admissibility or provenance is omitted. Otherwise, it will proceed to resolve it without proceeding. However, you can request the lower Judge a copy, by facsimile or other means, of the proceedings that you deem necessary, but in no case the sending of the main files. The copies will be sent by the same means.


 


If the complaint is declared well founded, the superior grants the appeal and specifies the effect if it is the appeal, communicating to the inferior his decision so that he can send the file or execute what corresponds. This communication is made without prejudice to the notification to the parties.


 


The complaint notebook will be kept in the file of the superior judge, adding the original of the resolution that resolves the complaint with the proof of the date of shipment.


 


If it is declared unfounded, it will be communicated to the lower Judge and the parties will be notified in the manner provided in the previous paragraph. Additionally, the appellant will be ordered to pay the costs and costs of the appeal and to pay a fine of not less than three nor more than five Procedural Reference Units.


 


Article 405.- Effects of filing the appeal


The filing of the appeal does not suspend the processing of the principal, nor the effectiveness of the refusal resolution.


 


Exceptionally, at the request of a party and prior provision of precautionary set prudentially, the judge of the claim may suspend the main process, through a well-founded and irrevocable resolution.


 


TITLE XIII: CLARIFICATION AND CORRECTION OF RESOLUTIONS


Article 406.- Clarification


The Judge cannot alter the resolutions after they are notified. However, before the resolution becomes enforceable, ex officio or at the request of a party, it may clarify any obscure or doubtful concept expressed in the decision-making part of the resolution or that influences it. The clarification cannot alter the substantial content of the decision.


 


The request for clarification will be resolved without processing. The resolution that rejects it is unchallenged.


 


Article 407.- Correction


Before the resolution becomes enforceable, the Judge may, ex officio or at the request of a party and without any formality, correct any evident material error that it contains. Numerical and spelling errors can be corrected even during the execution of the resolution.


 


By means of the correction, the parties also ask the Judge to complete the resolution regarding controversial but unresolved points.


 


The resolution rejecting the requested correction is unchallenged.


 


TITLE XIV: CONSULTATION


Article 408.- Origin of the query


The consultation only proceeds against the following first instance decisions that are not appealed:


 


1.- The one that declares the interdiction and the appointment of a guardian or curator;


 


2.- The one that declares the interdiction and the appointment of guardian, curator or support designation;


 


3.- That in which the Judge prefers the constitutional norm to an ordinary legal one; and,


 


4.- The others that the law indicates.


 


The consultation against the second instance resolution not appealed in cassation also proceeds in which the constitutional norm is preferred. In this case, the Constitutional and Social Chamber of the Supreme Court is competent.


 


Article 409.- Processing of the consultation


When the consultation proceeds, the file is raised ex officio.


 


The jurisdictional Assistant will send the file to the superior within five days, under responsibility.


 


The final resolution will be issued within the five days following the hearing of the case. The request for an oral report does not proceed.


 


During the processing of the consultation, the effects of the resolution are suspended.


 


TITLE XV: COSTS AND COSTS


Article 410.- Costs


The costs are constituted by the judicial fees, the fees of the judicial aid organs and the other judicial expenses incurred in the process.


 


Article 411.- Costs


The costs of the process are the fee of the Lawyer of the winning party, plus a five percent destined to the Bar Association of the respective Judicial District for its Mutual Fund and to cover the fees of the Lawyers in cases of Legal Aid.


 


Article 412.- Principles of the sentence in costs and costs


The imposition of the sentence in costs and costs does not need to be sued and is at the expense of the defeated party, unless express and motivated judicial declaration of the exoneration.


 


The condemnation of costs and costs is established by each instance, but if the second resolution revokes the first one, the defeated party is ordered to reimburse the costs and costs of both instances. This criterion also applies to what is resolved in appeal.


 


If in a process several claims have been discussed, the sentence affects only those that have been accepted for the winner.


 


In cases in which legal aid has been granted to the winning party, the losing party is sentenced to reimburse the judicial fees to the Judicial Power.


 


The losing party in an incident must reimburse the winning party for court fees, legal aid agency fees and other legal expenses incurred during its processing. Attorney's fees are not considered. The corresponding settlement is made at the end of the process.


 


Article 413.- Exemption and exemption from costs and costs.


The Executive, Legislative and Judicial Powers, the Public Ministry, constitutionally autonomous bodies, regional and local governments are exempt from the cost and cost conviction.


 


Public Universities are exempt from the expenses of the process, those who obtain legal aid and the plaintiff in the food processes within the limits established by law and may be sentenced to the payment of costs and costs.


 


Whoever acknowledges or acquiesces to the claim within the term to answer it is also exonerated.


 


Article 414.- Plurality of subjects and sentence in costs and costs


When the party sentenced to costs and costs is made up of a plurality of subjects, the order to pay jointly and severally binds them.


 


Exceptionally, the Judge in a duly motivated resolution regulates the proportion that each procedural subject must pay based on the procedural activity carried out. For the same reason, a procedural subject may be exempted from costs and costs, by duly substantiated decision.


 


Article 415.- Agreement on reimbursement of costs and costs in the transaction and conciliation


The parties must agree on the reimbursement of costs and costs when the process concludes by transaction or conciliation. Said agreement is not enforceable for those who do not participate in it, who are subject to the general rules.


 


If the agreement on the reimbursement of costs and costs is omitted, it is understood that each party assumes their own.


 


Article 416.- Condemnation of costs and costs in withdrawal and abandonment


If the process concludes by withdrawal, either of the process or of the claim, whoever withdraws is sentenced to costs and costs, unless otherwise agreed.


 


The abandonment of the process determines the sentence in costs and costs of the plaintiff.


 


Article 417.- Settlement of costs


After the resolution that imposes the sentence on costs is final, the creditor has the burden of submitting a settlement of these.


 


The liquidation will attend to the items mentioned in article 410, having to include only the legal expenses incurred and corresponding to legally authorized actions.


 


The convicted party has three days to observe the settlement, with suitable evidence. Once the period has elapsed without any observation, the settlement is approved by an uncontested resolution.


 


Once the observation is filed, transfer is granted to the other party for three days. With or without his acquittal, the judge decides. The resolution is appealable without suspensive effect.


 


Article 418.- Origin of collection of costs


To make the collection of costs effective, the winner must submit an indubitable document of a certain date that proves his payment, as well as the corresponding taxes. Based on the documents presented, the judge will approve the amount.


 


Article 419.- Reimbursement of costs and costs


The reimbursement of costs and costs is required before the execution judge and is made within the third day after the resolution approving them is final. Once the term has expired, non-payment generates legal interest.


 


TITLE XVI: FINES


Article 420.- Judicial declaration and destination of the fine


The fine must be declared in court, specifying its amount, the person obliged to pay it and the proportion in which it is supported, if more than one. When it is not specified, it is understood to be imposed in equal parts.


 


The fine is the income of the Judiciary. In no case shall its exoneration proceed.


 


Article 421.- Payment unit applicable to the fine


The Procedural Reference Unit applicable to the payment of the fine will be the one in force on the date it becomes effective. In the settlement that is presented, the rule that sets the unit of payment will be cited.


 


Article 422.- Liquidation and procedure


The settlement of the fine is made by the Clerk of the Court and approved by the Judge of the claim.


 


All the resolutions issued to specify the amount of the fine are unquestionable. However, an appeal without suspensive effect will be granted if the obligor questions the value of the Procedural Reference Unit used to make the settlement.


 


If the resolution is confirmed, the obligor must additionally pay a sum equivalent to twenty-five percent of the liquidated amount.


 


Article 423.- Payment of fine


The fine must be paid immediately after it is imposed. Otherwise, they accrue legal interest.


 


The judge of the cause requires the fined of the payment. If after ten days of being notified with the corresponding resolution, the value of the same has not been paid, the fine resolution is transferred for collection in the corresponding office, which has coercive powers.


 


SECTION FOUR: APPLICATION OF THE PROCESS


TITLE I: DEMAND AND LOCATION


Article 424.- Requirements of the claim


The claim is submitted in writing and will contain:


 


1.- The appointment of the Judge before whom it intervenes.


 


2.- The name, identity data, domiciliary address, procedural address of the plaintiff and the electronic procedural address, consisting of the electronic box assigned by the Judicial Power in accordance with Law 30229.


 


3.- The name and domiciliary address of the representative or attorney-in-fact of the plaintiff, if he cannot appear or does not appear by himself.


 


4.- The name and domiciliary address of the defendant. If the latter is ignored, this circumstance will be expressed under oath that will be understood to be given with the presentation of the claim.


 


5.- The petition, which includes the clear and concrete determination of what is requested.


 


6.- The facts on which the petition is based, set out in a precise enumeration, with order and clarity.


 


7.- The legal basis for the request.


 


8.- The amount of the petition, unless it cannot be established.


 


9.- The offer of all evidence.


 


10.- The signature of the plaintiff or his representative or his attorney-in-fact and that of the lawyer, which will not be required in the maintenance and judicial declaration of paternity proceedings. The respective secretary will certify the illiterate plaintiff's fingerprint.


 


Article 425.- Annexes to the claim


The request must be accompanied by:


 


1.- Legible copy of the identity document of the plaintiff and, where appropriate, of the representative.


 


2.- The document that contains the power to initiate the process, when acting as a proxy.


 


3.- The evidential means that prove the legal representation of the plaintiff, if they are legal or natural persons who cannot appear on their own.


 


4.- The means of proof of the quality of heir, spouse, curator of property, administrator of common property, executor or of the title with which the plaintiff acts, unless such quality is the subject of a conflict of interest and in the case of the attorney informal.


 


5.- The supporting documents. If the plaintiff does not have any means of evidence, describe its content, precisely indicating the place where they are and requesting the pertinent measures for their incorporation into the process.


 


6.- Certified copy of the extrajudicial conciliation record, in judicial processes whose matter is subject to said prior procedure.


 


Article 426.- Inadmissibility of the claim


The judge declares the claim inadmissible when:


 


1.- It does not have the legal requirements.


 


2.- The annexes required by law are not included.


 


3.- The request is incomplete or imprecise.


 


4.- Contains an undue accumulation of claims.


 


In these cases, the judge will order the plaintiff to remedy the omission or defect within a period of no more than ten days. If the plaintiff does not comply with the order at the discretion of the judge, he rejects the claim and orders the file to be filed.


 


Article 427.- Inadmissibility of the claim


The judge declares the claim inadmissible when:


 


1.- The plaintiff evidently lacks legitimacy to act;


 


2.- The plaintiff manifestly lacks interest to act;


 


3.- Notice the expiration of the right;


 


4.- There is no logical connection between the facts and the petition; or


 


5.- The request is legally or physically impossible.


 


If the judge considers that the claim is manifestly inadmissible, he declares it so flatly, stating the grounds for his decision and returning the annexes. If the defect refers to any of the claims, the declaration of inadmissibility is limited to those that suffer from the defect noted by the Judge.


 


If the resolution declaring the inadmissibility is appealed, the Judge informs the defendant of the appeal. The superior resolution that finally resolves the inadmissibility, produces effects for both parties.


 


Article 428.- Modification and extension of the demand


The plaintiff can modify the claim before it is notified. It is possible to modify the claims raised in the lawsuit, provided that the new claims refer to the same controversy that was the subject of the conciliatory procedure.


 


You can also extend the amount of the claim if before the sentence new terms or installments originated in the same obligation expire, provided that such right has been reserved in the claim. For this purpose, the foregoing procedures are considered common to the extension and will be processed only with transfer to the other party.


 


The defendant who formulates the counterclaim has the same rights of modification and extension.


 


Article 429.- Extemporaneous means of evidence


After the claim is filed, only the evidence referring to new facts and those mentioned by the other party when answering the claim or counterclaiming can be offered.


 


If documents are presented, the judge will grant transfer to the other party so that within five days it recognizes or denies the authenticity of the documents attributed to it.


 


Article 430.- Transfer of the claim


If the Judge qualifies the claim positively, he takes the evidence as offered , conferring transfer to the defendant to appear at the process.


 


Article 431.- Location of the defendant domiciled in the territorial jurisdiction of the Court


The summons of the defendant will be made by means of a certificate that will be delivered to him at his real address, if he will be there.


 


Article 432.- Location of the defendant domiciled outside the territorial jurisdiction of the Court


When the defendant is not in the place where he is sued, the summons will be made by means of an injunction to the judicial authority of the locality where he is.


 


In this case, the deadline for answering the claim will be increased in accordance with the Table of Distances that the Executive Council of the Judiciary will prepare for this purpose.


 


Article 433.- Location outside the country


If the defendant is outside the country, he will be summoned by means of a warrant issued to the national authorities of the closest place where he resides.


 


Article 434.- Location of defendants with different addresses


If the defendants are several and are found in Courts of different territorial jurisdiction, the term of the summons will be for all the one that is greater, regardless of the order in which the notifications were made.


 


Article 435.- Summons to undetermined or uncertain defendant or with unknown address or residence


When the claim is directed against undetermined or uncertain persons, the summons must reach all those authorized to contradict and it will be done by means of an edict, in accordance with the provisions of Articles 165, 166, 167 and 168, under the warning that they will be appointed procedural curator.


 


When the plaintiff ignores the defendant's domicile, the summons will also be made by edict, under the warning that he will be appointed as a procedural curator.


 


The term of the summons will be set by each procedure, but in no case will it be longer than sixty days if the defendant is in the country, nor ninety if he is outside of it or is an indeterminate or uncertain person.


 


Article 436.- Location of the attorney-in-fact


The summons may be made to the attorney-in-fact, provided that he has the power to do so and the defendant is not within the territorial jurisdiction of the Court.


 


Article 437.- Nullity of defective location


The summons will be null if it is done in contravention of the provisions of Articles 431, 432, 433, 434, 435 and 436. However, there will be no nullity if the form used offered the defendant the same or more guarantees than those that this Code regulates. .


 


Nor will there be nullity if the summons appears and does not formulate it within the foreseen term, or if it is proven that he had knowledge of the process and failed to claim it in a timely manner.


 


Article 438.- Effects of the location


The valid summons with the demand produces the following effects:


 


1.- The initial competition may not be modified, although the circumstances that determined it subsequently vary.


 


2.- The request may not be modified outside of the cases allowed in this Code.


 


3.- It is not legally possible to start another process with the same request.


 


4.- Interrupt the expiry prescription.


 


Article 439.- Ineffectiveness of the interruption


The interruption of the prescription is without effect when:


 


1.- The plaintiff withdraws from the process;


 


2.- The process is abandoned; and


 


3.- The nullity of the process that is declared, includes the notification of the admissibility of the demand.


 


Article 440.- Facts not invoked in the claim


When, when answering the claim or the counterclaim, facts not stated in them are invoked, the other party may, within the period established in each process, which in no case will be greater than ten days from the time it was notified, offer the evidence referring to such done.


 


Article 441.- Penalty for false oath


If it is proven that the plaintiff or his attorney-in-fact or both, were untruthful regarding the defendant's domiciliary address, a copy of the proceedings shall be sent to the Public Ministry for the investigation of the crime and to the respective Bar Association for the investigation of misconduct against professional ethics, if one of the two were a lawyer.


 


Additionally, an individual fine of not less than ten nor more than thirty Procedural Reference Units will be imposed, without prejudice to what is regulated in Article 4.


 


TITLE II: ANSWER AND RECONVENTION


Article 442.- Requirements and content of the answer to the demand


When answering, the defendant must:


 


1.- Observe the requirements provided for the claim, as appropriate;


 


2.- To pronounce on each one of the facts presented in the lawsuit. The silence, the evasive answer or the generic refusal can be appreciated by the Judge as recognition of the truth of the alleged facts;


 


3.- Recognize or categorically deny the authenticity of the documents attributed to it, or accept or deny, in the same way, the receipt of documents that are allegedly sent to it. Silence can be appreciated by the Judge as acknowledgment or acceptance of receipt of the documents;


 


4.- Present the facts on which he bases his defense in a precise, orderly and clear manner;


 


5.- Offer the evidence; and


 


6. Include your signature or that of your representative or attorney-in-fact, and that of the Attorney. The respective Secretary will certify the fingerprint of the illiterate defendant.


 


Article 443.- Term of the answer and counterclaim


The term to answer and reconvene is the same and simultaneous.


 


Article 444.- Annexes to the answer to the claim


The answer is accompanied by the annexes required for the claim in Article 425, as appropriate.


 


Article 445.- Counterclaim


The counterclaim is proposed in the same letter in which the claim is answered, in the manner and with the requirements provided for it, as appropriate.


 


The counterclaim is admissible if it does not affect the original jurisdiction or procedural path.


 


The counterclaim is appropriate if the claim contained therein is related to the legal relationship invoked in the claim. Otherwise, it will be declared inadmissible.


 


The transfer of the counterclaim is granted for the term and in the manner established for the claim, both of which must be processed jointly and resolved in the judgment.


 


In the event that the counterclaimed claim is a reconcilable matter, the Judge, in order to admit it, must verify the attendance of the defendant at the Conciliation Hearing and that the description of the controversy or controversies raised by him or her be included in the Extrajudicial Conciliation Act submitted attached to the claim.


 


TITLE III: EXCEPTIONS AND PRIOR DEFENSES


Article 446.- Possible exceptions


The defendant can only propose the following exceptions:


 


1.- Incompetence;


 


2.- Lack of capacity to exercise the plaintiff or his representative, in accordance with article 43 of the Civil Code.


 


3.- Defective or insufficient representation of the plaintiff or the defendant;


 


4.- Darkness or ambiguity in the way of proposing the claim;


 


5.- Lack of exhaustion of the administrative procedure;


 


6.- Lack of legitimacy to act of the plaintiff or the defendant;


 


7.- lis pendens;


 


8.- Thing Judged;


 


9.- Withdrawal of the claim;


 


10.- Conclusion of the process by conciliation or transaction;


 


11.- Expiration;


 


12.- Extinctive prescription; and,


 


13.- Arbitration agreement.


 


14.- Lack of legal representation or support due to the restricted capacity of the plaintiff or his representative, in accordance with article 44 of the Civil Code.


 


Article 447.- Term and way of proposing exceptions


The exceptions are proposed jointly and only within the period provided for in each procedure, substantiating themselves in a separate notebook without suspending the processing of the principal.


 


Article 448.- Evidence of exceptions


Only the documentary evidence that is offered in the writing in which the exceptions are proposed or in which they are acquitted will be admitted.


 


Article 449.- Content of the order that resolves the exception


Once the transfer is acquitted or the term to do so has elapsed, the Judge resolves the exception within the following ten days. If he declares it unfounded, he also declares the sanitation of the process. Otherwise, the provisions of articles 450 and 451 apply.


 


Article 450.- Decision and appeal in exceptions


Exceptions are resolved in a single car. If, among them, there is that of incompetence, lis pendens or arbitration agreement and the Judge declares one of them founded, he will refrain from resolving the others; but if the appeal is granted, the superior revokes that one, will return the action so that the inferior can rule on the rest. The order that declares an exception founded is appealable with suspensive effect.


 


Article 451.- Effects of exceptions


Once the order declaring founded any of the exceptions listed in Article 446 has been consented or executed, the exceptions notebook is added to the main one and produces the following effects:


 


1.- Suspend the process until the plaintiff included in the assumptions of articles 43 and 44 of the Civil Code appears, legally assisted or represented, within the period set by the ruling, if it is the exception, lack of capacity of the plaintiff or your representative.


 


2.- Suspend the process until the defect or insufficient representation of the plaintiff is remedied within the period set by the ruling.


 


3.- Suspend the process until the plaintiff remedies the defects indicated in the resolution and within the term that it sets, if it is the exception of obscurity or ambiguity in the way of proposing the claim.


 


4.- Suspend the process until the plaintiff establishes the procedural legal relationship between the persons ordered by the resolution order and within the term that it sets, if it is the exception of the defendant's lack of legitimacy to act.


 


Once the deadlines referred to in the preceding paragraphs have expired without complying with what was ordered, the nullity of the action and the conclusion of the process will be declared.


 


5.- Annul the proceedings and terminate the process, if it is about the exceptions of incompetence, insufficient representation of the defendant, lack of exhaustion of the administrative procedure, lack of legitimacy to act by the plaintiff, lis pendens, res judicata, withdrawal of the claim, conclusion of the process by conciliation or transaction, expiration, expiratory prescription or arbitration agreement.


 


6.- Refer the proceedings to the corresponding Judge, if it is the exception of incompetence. In the case of the exception of relative territorial incompetence, the competent Judge continues with the process of the process in the state in which it is located and if it considers it pertinent, even if the hearing of evidence had occurred, it can renew the performance of one or more of all evidentiary means, in accordance with the provisions of the last paragraph of article 50. In other cases, the judge must proceed to re-summon the claim.


 


Article 452.- Identical processes


There is identity of processes when the parties or those who derive their rights, the request and the interest to act, are the same.


 


Article 453.- Protection of the exceptions of lis pendens, res judicata, withdrawal of the claim or conclusion of the process by conciliation or transaction


The exceptions of lis pendens, res judicata, withdrawal of the claim or conclusion of the process by conciliation or transaction, respectively, when a process identical to another is initiated:


 


1.- That it is in progress;


 


2.- That it has already been resolved and has a final judgment or award;


 


3.- In which the plaintiff withdrew from the claim; or,


 


4.- In which the parties reconciled or compromised.


 


Article 454.- Inadmissibility of the exception as nullity


The facts that exceptions can not be alleged as grounds for annulment by the defendant could propose them as exceptions.


 


Article 455.- Proposal and processing of previous defenses


The previous defenses such as the inventory benefit, the excursion benefit and others that regulate the material norms, are proposed and processed as exceptions.


 


Article 456.- Effects of the protection of a prior defense


Declared founded, a prior defense has the effect of suspending the process until the time or act established as a precedent for the exercise of the right of action is fulfilled.


 


Article 457.- Costs, costs and fines of the exceptions and previous defenses


The costs, costs and fines of the processing of the previous exceptions and defenses will be borne by the losing party. Additionally, and taking into account the manifest lack of foundation, the Judge may sentence her to pay a fine of not less than three nor more than five Procedural Reference Units.


 


TITLE IV: REBELLION


Article 458.- Budget for the declaration of default


If after the deadline for answering the claim, the defendant who has been validly notified does not do so, he will be declared rebellious.


 


The litigant who, notified with the conclusion of the sponsorship of his lawyer or the resignation of his attorney, will also be declared rebellious, does not appear within the term established in Article 79.


 


Article 459.- Notification of the default


The declaration of rebellion will be notified by identity card if the rebel has a domiciliary address.


 


Otherwise, it will be done by edicts.


 


In the same way, you will be notified of the following resolutions: the one that declares the process healthy, those that call for a hearing, the summons for judgment, the judgment itself and the one that requires compliance. The other resolutions will be considered notified on the same day that they were notified to the other party.


 


Article 460.- Process and default


Once the defiance is declared, the Judge will rule on the sanitation of the process. If it is declared healthy, it will proceed to issue a judgment, except for the exceptions provided in Article 461.


 


Article 461.- Effect of the declaration of default


The declaration of default causes relative legal presumption about the truth of the facts set forth in the claim, except that:


 


1.- Having several summons, someone answers the demand;


 


2.- The claim is based on an unavailable right;


 


3.- Requiring the law that the claimed claim be proved with a document, it was not accompanied to the claim; or


 


4.- The Judge declares, in a reasoned resolution, that they do not produce conviction.


 


Article 462.- Entry of the rebel to the process


The rebel can join the process at any time, subject to the state in which it is.


 


Article 463.- Rebellion and precautionary measures


Once the default has been declared, precautionary measures may be granted against the summons to ensure the result of the process, or against the plaintiff in the event of a counterclaim.


 


Article 464.- Costs and costs of the rebellion


The rebel is responsible for the costs and costs caused by his rebellion.


 


TITLE V: SANITATION OF THE PROCESS


Article 465.- Sanitation of the process


Once the process has been processed in accordance with this SECTION and taking into account the modifications provided for each procedural route, the Judge, ex officio and even when the summons has been declared rebellious, will issue a resolution declaring:


 


1.- The existence of a valid procedural legal relationship; or,


 


2.- The nullity and consequent conclusion of the process due to irreparable invalidity of the relationship, specifying its defects; or,


 


3.- The granting of a term, if the defects of the relationship are rectifiable, as established for each procedural channel.


 


Once the defects have been corrected, the Judge will declare the process healthy due to the existence of a valid procedural relationship. Otherwise, it will declare it null and void and consequently concluded.


 


The resolution that declares the process concluded or the one that grants a period to correct the defects, is appealable with suspensive effect.


 


Article 466.- Effects of the declaration of the existence of a valid procedural relationship


Consent or enforceable, the resolution that declares the existence of a valid procedural legal relationship, precludes any request referring, directly or indirectly, to the validity of the aforementioned relationship.


 


Article 467.- Effects of the declaration of invalidity of the procedural relationship


Once the resolution that declares the invalidity of the procedural relationship has been consented or executed or the term expired without the plaintiff remedying the defects that invalidate it, the Judge will declare the process concluded, imposing the plaintiff to pay the costs and costs.


 


TITLE VI: CONCILIATORY HEARING, OR SETTLEMENT OF DISPUTED POINTS AND PROBATORY SANITATION


Article 468.- Establishment of controversial points and proofreading


Once the procedural reorganization order has been issued, the parties within the third day of being notified will propose the controversial points in writing to the Judge. Once this period has expired with or without the proposal of the parties, the Judge will proceed to fix the controversial points and the declaration of admission or rejection, as the case may be, of the evidence offered.


 


Only when the performance of the admitted evidence requires it, the Judge will designate the day and time for the holding of the Evidence Hearing. The decision ordering the holding of this hearing or dispense with it is contestable without suspensive effect and with the quality of deferred. By dispensing with this Hearing, the Judge will proceed to the early judgment, without prejudice to the right of the parties to request an oral report.


 


Article 469.- Repealed


Article 470.- Repealed


Article 471.- Repealed


Article 472.- Repealed


TITLE VII: EARLY JUDGMENT OF THE PROCESS


Chapter I: Advance judgment of the process


Article 473.- Advance judgment of the process


The Judge will inform the parties of his decision to issue a judgment without admitting any other procedure than the oral report:


 


1.- When you notice that the debated question is only of law or, being also factual, there is no need to act any kind of evidence in the respective hearing; or,


 


2.- The resolution declaring the process healthy, in cases where the declaration of default produces a relative legal presumption of truth, is consented to or enforceable.


 


Chapter II: Early conclusion of the process


Article 474.- Early conclusion of the process


The Judge will declare the process concluded if during its processing any of the cases provided for in Article 321 and paragraphs 2., 4. and 5. of Article 322 are presented.


 


SECTION FIVE: CONTENTIOUS PROCESSES


TITLE I: KNOWLEDGE PROCESS


Chapter I: General provisions


Article 475.- Origin


Contentious matters that:


 


1.- They do not have a procedural route, are not attributed by law to other jurisdictional bodies and, furthermore, when due to their nature or complexity of the claim, the Judge considers their processing admissible;


 


2.- the equity estimate of the petition is greater than one thousand Procedural Reference Units;


 


3.- They are invaluable in money or there is doubt about their amount, and provided that the Judge considers their origin to be admissible;


 


4.- the plaintiff considers that the debated question was only of law; and,


 


5.- the others that the law indicates.


 


Article 476.- Requirements of the procedural activity


The knowledge process begins with the activity regulated in SECTION FOUR of this BOOK, subject to the requirements established there for each act.


 


Article 477.- Establishment of the process by the Judge


In the cases of paragraphs 1 and 3 of Article 475, the duly motivated resolution that declares the knowledge process applicable in substitution to the proposed one, will be issued without summons to the defendant and is unchallenged.


 


Article 478.- Deadlines


The maximum terms applicable to this process are:


 


1.- Five days to file strikeouts or oppositions to the evidence, counted from the notification of the resolution that they are considered offered.


 


2.- Five days to acquit the flaws or oppositions.


 


3.- Ten days to file exceptions or prior defenses, counted from the notification of the claim or the counterclaim.


 


4.- Ten days to absolve the transfer of the exceptions or previous defenses.


 


5.- Thirty days to answer the demand and reconvene.


 


6.- Ten days to offer evidence if the answer invokes facts not stated in the claim or in the counterclaim, in accordance with Article 440.


 


7.- Thirty days to acquit the transfer of the counterclaim.


 


8.- Ten days to correct the defects noted in the procedural relationship, in accordance with Article 465.


 


9.- Repealed


 


10.- Fifty days for the hearing of evidence, in accordance with the second paragraph of Article 471.


 


11.- Ten days counted from the hearing of evidence, for the realization of special and complementary hearings, if applicable.


 


12.- Fifty days to issue judgment, in accordance with Article 211.


 


13.- Ten days to appeal the sentence, in accordance with Article 373.


 


Article 479.- Special term of the summons


For the cases provided for in the third paragraph of Article 435, the terms will be sixty and ninety days, respectively.


 


Chapter II: Special provisions


Subchapter 1: Separation of bodies or divorce by cause


Article 480.- Processing


The claims of separation of bodies and divorce for the reasons indicated in numbers 1 to 12 of article 333 of the Civil Code, are subject to the processing of the knowledge process, with the particularities regulated in this subchapter.


 


These processes will only be driven at the request of the party. When there are minor children, both the plaintiff and the defendant must attach to their demand or answer a proposal regarding the claims of possession, visitation and maintenance. The Judge evaluates the coincidences between the proposals and, taking into account the nature of the claims, may summon a supplementary hearing as established in article 326 of the Civil Procedure Code, in which he will hear the children and adolescents about whom the agreement.


 


The Judge evaluates the coincidences between the proposals according to a criterion of reasonableness, and will also take into consideration the procedural conduct of the person who has frustrated the conciliatory act regarding said claims.


 


Article 481.- Intervention of the Public Ministry


The Public Ministry is a party to the processes referred to in this Subchapter, and, as such, does not issue an opinion.


 


Article 482.- Variation of the claim


At any stage of the process prior to sentencing, the plaintiff or the counterclaim may modify their claim for divorce to one for separation of bodies.


 


Article 483.- Original accumulation of claims


Unless there is a final judicial decision, the claims for maintenance, possession and care of children, suspension or deprivation of parental authority, separation of community property and others related to rights or obligations of the spouses or of these with their children or of the conjugal partnership, which must be directly affected as a result of the main claim.


 


In this case, the provisions of paragraphs 1. and 3. of Article 85 do not apply .


 


Ancillary claims that had consented judicial decision, can be accumulated proposing their variation.


 


Article 484.- Successive accumulation


The processes pending judgment regarding the accessory claims cited in Article 483, are added to the main process at the request of the party.


 


The accumulation will be requested proving the existence of the file, and the Judge must order it to be sent within a third day, under responsibility. The Judge will resolve its origin in an uncontested decision.


 


Article 485.- Precautionary measures


After the claim is filed, the precautionary measures on provisional separation of the spouses are especially appropriate; food; custody and care of the children by one of the parents, by both, or by a provisional guardian or curator; and administration and conservation of common goods.


 


TITLE II: ABBREVIATED PROCESS


Chapter I: General provisions


Article 486.- Origin


The following contentious matters are processed in an abbreviated process:


 


1.- Retraction;


 


2.- supplementary title, acquisitive prescription and rectification of areas or boundaries;


 


3.- civil liability of the Judges;


 


4.- expropriation;


 


5.- third party;


 


6.- challenge of administrative act or resolution;


 


7.- the claim whose petition has an equity estimate greater than one hundred and up to one thousand Procedural Reference Units;


 


8.- Those who do not have their own procedural path, are invaluable in money or there is doubt about their amount or, due to the nature of the claim, the Judge considers their employment admissible; and,


 


9.- the others that the law indicates.


 


Article 487.- Establishment of the process by the Judge


In the case of subsection 8. of Article 486, the resolution that declares the abbreviated process applicable, will be issued without a summons to the defendant and is unchallenged.


 


Article 488.- Competition


Civil Judges and Peace Lawyers are competent to hear abbreviated processes, except in those cases in which the law attributes their knowledge to other jurisdictional bodies. The Law Courts of the Peace are competent when the amount of the claim is greater than one hundred and up to five hundred Procedural Reference Units; when it exceeds this amount, the Civil Judges.


 


Article 489.- Supplementary regulations


The provisions of Article 476 are applicable to this process, with the modifications established in this Chapter.


 


Article 490.- Inadmissibility of the Counterclaim


The counterclaim is inadmissible in the matters referred to in sections 1., 2., 3., 5 and 6. of Article 486.


 


Article 491.- Deadlines


The maximum terms applicable to this process are:


 


1.- Three days to file objections or objections to the evidence, counted from the notification of the resolutions that have them as offered.


 


2.- Three days to acquit the flaws or oppositions.


 


3.- Five days to file exceptions or prior defenses, counted from the notification of the claim or the counterclaim.


 


4.- Five days to absolve the transfer of the exceptions or previous defenses.


 


5.- Ten days to answer the claim and rebuke.


 


6.- Five days to offer evidence if the answer invokes facts not stated in the claim or in the counterclaim, in accordance with Article 440.


 


7.- Ten days to acquit the transfer of the counterclaim.


 


8.- Ten days for the issuance of the reorganization order counted from the expiration of the term to answer the claim or counter.


 


9.- Twenty days to hold the evidence hearing, in accordance with the second paragraph of Article 471.


 


10. Five days to hold the special and supplementary hearings, if applicable.


 


11. Twenty-five days to issue judgment, in accordance with Article 211.


 


12. Five days to appeal the sentence, in accordance with Article 373.


 


Article 492.- Special term of the summons


For the cases provided for in the third paragraph of Article 435, the terms will be thirty and forty-five days, respectively.


 


Article 493.- Abbreviation of the procedure


Once the transfer is acquitted or the term to do so has elapsed, the Judge will proceed in accordance with Articles 449 and 468.


 


Article 494.- Appeal


In this process, the appeal of the resolution that declares the claim inadmissible, the one that declares the invalidity of the procedural relationship with irremediable character, the one that declares an exception or prior defense and the sentence founded, will have suspensive effect. The other appeals will be granted without suspensive effect and will have the quality of deferred, unless the Judge decides on their immediate processing, by means of a duly motivated resolution.


 


Chapter II: Special provisions


Subchapter 1: Retraction


Article 495.- Requirements and special annexes


In addition to complying with Articles 424 and 425, the claim must be attached with the certificate of deposit in money of the equivalent of the benefit received by the transferor, the taxes and expenses paid by the acquirer and, where appropriate, the interest owed. for this and that they would have accrued.


 


If in the transfer a term was agreed for the payment of the balance, the withdrawing party will grant sufficient guarantee, at the discretion of the Judge, within a second day.


 


Article 496.- Passive legitimacy


The lawsuit will be directed against the transferor and the purchaser of the property that is being withdrawn.


 


Article 497.- Inadmissibility


The claim will be declared inadmissible if it is filed outside the period of thirty calendar days computed from the knowledge of the transfer.


 


Article 498.- Unknown benefit


If the withdrawing party does not know the consideration paid or owed by the purchaser, he will offer to make the deposit or grant the corresponding guarantee, as the case may be, within the second day of his knowledge.


 


Article 499.- Special requirement of the answer


If in the claim it is stated that the price of the consideration paid or owed for the good that is being withdrawn is unknown, this circumstance must be expressly indicated in the answer.


 


Article 500.- Special inadmissibility of the claim


In addition to the assumptions of Article 427, the claim will be rejected if the retractor does not comply with any of the requirements set forth in Article 495 or with the one indicated in Article 498, within the period established therein.


 


Article 501.- Probative burden


The burden of proof of knowledge of the transfer corresponds to the defendants.


 


Article 502.- Special conclusion of the process


At any stage of the process, the Judge may declare his conclusion if, having indicated the retractor that he did not know the benefit paid or owed, it is proven that he knew it or that he was in a reasonable attitude to know it. In the same resolution, the Judge will impose a fine of not less than twenty nor more than forty Procedural Reference Units, without prejudice to the costs and costs of the process. The resolution is appealable with suspensive effect.


 


Article 503.- Successive accumulation of processes


In the case of Article 1600 of the Civil Code, the successive accumulation of processes proceeds.


 


Subchapter 2: Supplementary title, Purchasing prescription and Rectification or delimitation of areas or boundaries


Article 504.- Processing


The demand made by the following is processed as an abbreviated process:


 


1.- The owner of a good that lacks documents that prove his right, against his immediate transferor or those previous to him, or his respective successors to obtain the granting of the corresponding property title;


 


2.- The holder to be declared owner by prescription; and


 


3.- The owner or possessor to rectify the area or boundaries, or to limit these by demarcation.


 


This process will only be driven at the request of the party.


 


Article 505.- Special requirements


In addition to the provisions of Articles 424 and 425, the claim must meet the following additional requirements:


 


1.- It will be indicated in any case: the time of the possession of the plaintiff and that of his deceivers; the date and form of acquisition; the person who, if applicable, has registered rights to the property; and, when applicable, the names and place of notification of the owners or occupants of the adjoining property.


 


2.- The property will be described as accurately as possible. In the case of property, the following must be attached: location and perimeter plans, as well as a description of the existing buildings, signed by a collegiate engineer or architect and duly endorsed by the corresponding municipal or administrative authority, according to the nature of the property; and, when applicable, municipal or administrative certification on the person who appears as the owner or possessor of the property.


 


The Judge may, if he deems it necessary, demand the presentation of proof of payment of the taxes that affect the property.


 


3.- In the case of property that can be registered in a public or private registry, a literal copy of the respective entries of the last ten years will be included, if it is urban real estate, or five years if it is rustic real estate or real estate. furniture, or certification that the goods are not registered.


 


4.- The testimonial statement of no less than three and no more than six people, over twenty-five years of age, will necessarily be offered as evidence, without prejudice to the other evidence deemed pertinent.


 


5.- In the case of demarcation, the judicial inspection of the property will also be offered as proof.


 


Article 506.- Location


Even if the name and address of the defendant or defendants and, where appropriate, of the neighboring ones are known, in the order admissibility of the claim the Judge will order that the extract thereof be published three times, with an interval of three days, in the form provided in Articles 167 and 168.


 


In the cases of Article 435 and whenever it is a matter of rustic properties, notification shall also be made by broadcasting for five consecutive days as provided in Article 169.


 


Article 507.- Intervention of the Public Ministry


In the cases provided for in the second paragraph of Article 506, or when the summons has been declared in absentia, an opinion from the Public Ministry will be requested before pronouncing sentence. The opinion will be issued within ten days, under responsibility.


 


Article 508.- Consultation


When the opinion of the Public Ministry, in the case of Article 507, is contrary to the claim claimed and the sentence that supports the claim is not appealed, it will be raised in consultation with the Superior Court.


 


Subchapter 3: Civil liability of the Judges


Article 509.- Origin


The Judge is civilly liable when in the exercise of his jurisdictional function he causes damage to the parties or third parties, by acting with intent or inexcusable fault, without prejudice to the administrative or criminal sanction that he deserves.


 


The conduct is fraudulent if the Judge commits falsehood or fraud, or if he denies justice by refusing or omitting an act or performing another by influence.


 


He incurs inexcusable guilt when he commits a serious error of law, makes unsustainable interpretation of the law or causes helplessness by not analyzing the facts proven by the affected party.


 


This process will only be driven at the request of the party.


 


Article 510.- Presumption of fraud or inexcusable guilt


It is presumed that the Judge acts with intent or inexcusable guilt when:


 


1.- The resolution contravenes its own criteria previously supported in a similar cause, unless it motivates the fundamentals of the change.


 


2.- Resolves in disagreement with the opinion of the Public Ministry or in disagreement, as the case may be, on issues on which there is compulsory or uniform jurisprudence, or based on unsustainable grounds.


 


Article 511.- Degree competition


The Specialized Civil Judge, or the Mixed Judge, as the case may be, is competent to hear the civil liability processes of the judges, even if the responsibility was attributed to the Members of the Superior Courts and the Supreme Court.


 


Article 512.- Previous opinion of the Public Ministry


Before filing the claim, the Public Ministry issues an opinion on its origin within ten days of receipt, under responsibility.


 


The resolution declaring the claim inadmissible is appealable with suspensive effect.


 


Article 513.- Filing of the claim


The claim can only be filed after the remedies provided for in the law against the resolution causing damage have been exhausted.


 


Article 514.- Term


The lawsuit must be filed within three months from when the resolution that caused damage was executed.


 


Article 515.- Regulation of responsibility


The amount of compensation, its exoneration and the burden of proof of the damage caused are regulated by the Civil Code norms referring to the non-performance of obligations, insofar as they are applicable.


 


Article 516.- Obliged to redress


The obligation to pay damages is jointly and severally between the State and the Collegiate Judge or Judges who issued the resolutions causing the injury.


 


Article 517.- Effects of the sentence


The sentence that declares the claim founded only has patrimonial effects. In no case does it affect the validity of the resolution that produced the injury.


 


In execution of the judgment and provided that such power has been reserved in the lawsuit, the plaintiff may demand that the defendant, at his or her expense, publish the final judgment for two consecutive days in a newspaper with national circulation.


 


Article 518.- Malicious demand


If, when declaring the claim unfounded, the Judge considers that the plaintiff has acted with malice, or if during the process he has disseminated information through mass media that affects the honor of the defendant, he will impose a fine of no less than ten or more. of fifty Procedural Reference Units, without prejudice to the provisions of Article 4.


 


Article 519.- Competition by subject


All claims derived from or related to the expropriation are processed in accordance with the provisions of this subchapter.


 


Article 520.- Requirements of the claim.


In addition to the requirements and annexes provided for in Articles 424 and 425, the claim must be accompanied by:


 


1.- Authenticated copies of the authoritative or dispositive and executing legal provisions of the expropriation.


 


2.- Certified copy of the registry entries of the property to be expropriated or, where appropriate, certification that the property is not registered. In this case, the public or private documents that prove the condition of the owner or possessor, if applicable, must be attached.


 


3.- Technical documents for the identification and evaluation of the asset to be expropriated according to the intended destination. In the case of rustic or urban real estate, a certified copy of the location and perimeter plans and the descriptive memory of the property, extended in accordance with the law of the matter, is attached.


 


4.- Duly motivated appraisal of the updated commercial value of the asset on the date of the executive resolution of the expropriation, in accordance with the provisions of Article 16 of the General Expropriation Law.


 


5.- The communication by means of which the active subject offers an amount for justified compensation.


 


6.- Duly documented compensation presented by the taxpayer of the expropriation in due course in accordance with the provisions of the first paragraph of Article 9 of the General Expropriation Law. This requirement is not enforceable in the case contemplated in the fifth paragraph of Article 9 of the aforementioned law.


 


7.- Certificate of consignment of the just appreciated compensation that includes the value of the updated commercial appraisal and the compensation proposed by the taxpayer in favor of the expropriated when appropriate, in accordance with the provisions of the General Expropriation Law.


 


The claim will be declared inadmissible when the justified compensation has not been recorded in favor of the taxpayer, when so required by the General Expropriation Law.


 


Article 521.- Appointment of a third party to the process.


In the case of registered assets and there is a registered right in favor of a third party, the latter must be notified with the claim, under penalty of nullity of the action.


 


If from the actions it turns out that the expropriated property or the expropriation credit were subject to liens, embargoes or other judicial or extrajudicial measure, the Judge will retain the amount to ensure the payment of said charges with the knowledge of the interested party.


 


Once the claim is admitted, the Judge will order the registration blockage of the item where the property to be expropriated is registered until the issuance of the sentence.


 


In the case of unregistered assets and provided that it is reliably or reasonably established that the asset object of the expropriation is being exploited or owned by a third party, it will be notified with the claim, under penalty of responding to the plaintiff for the damages that such omission causes.


 


If the third party intervenes, their action is subject, as far as is pertinent to the provisions of Chapter VII of Title II of SECTION TWO of this Code.


 


Article 522.- Requirements of the answer


The answer must comply with the requirements of Article 442 and can only be supported by:


 


1.- Expiration of the right, when the expropriation claim had been filed after 6 (six) months after it was published or notified, the first thing that occurs, the legal provision that authorizes or provides for the expropriation.


 


2.- Nullity, illegality, inadmissibility or constitutional incompatibility of the legal device that authorizes or orders the expropriation.


 


3.- Disagreement with the updated commercial appraisal.


 


Article 523.- Counterclaim


The counterclaim is subject to the provisions of Article 445 and may only be supported by:


 


1.- The claim of total expropriation of the good or complementary with others. This can only be based on the fact that the part or fraction of the asset or assets not affected by the expropriation are devalued, or when they are useless for the purposes for which they were intended before the partial or incomplete expropriation.


 


2.- The claim of expropriation of the land, together with the subsoil and subsoil subject to expropriation, when the property of said land cannot be used or exploited, partially or totally, or that its commercial value decreases considerably.


 


Article 523-A.- Contradiction


In case of contradiction on the part of the active subject of the expropriation of the compensation for damages and losses, the Judge will order the taxpayer of the expropriation to grant contracaution in favor of the State, through a real guarantee or bank guarantee.


 


The Judge will only deliver the amount of the just appreciated compensation, once the real guarantee or bank guarantee referred to in the previous paragraph has been granted, if applicable. In the event that no guarantee is granted in favor of the active subject, the taxpayer will be given the amount of the just-appreciated compensation in execution of the judgment.


 


The Judge will deliver the amount of the just appreciated compensation, once the deadlines for answering the claim and the counterclaim have elapsed, with the exception of the previous paragraph and in the cases in which, according to the General Law of Expropriations, the payment is made in execution. of sentence.


 


Article 524.- Effects of the declaration of default


The defendant's declaration of default only presumes his agreement with the value of the updated commercial appraisal attached to the claim.


 


Article 525.- Evidence.


If expertise is offered, the acceptance of the position by the experts will be formalized by means of the signature placed by them in the document presented by the party that appoints them. In no case is more than 2 (two) party experts allowed for the valuation of each asset, according to its kind and nature.


 


Article 526.- Content of the conciliation act


The conciliation act can only have as its object the agreement on the value of the just appreciated compensation, the validity of the grounds for expropriation and, where appropriate, on the claims that are the object of the counterclaim.


 


In the absence of the conciliation record and when the defendant has offered as evidence the assessment of the value of the property, the Evidence Hearing will not be held before 10 (ten) or after 20 (twenty) days from the procedural reorganization.


 


Article 527.- Hearing of Evidence


The Evidence Hearing will be held in accordance with the provisions of Article 202 and following of this Code.


 


When the conclusions of the expertise acted by the taxpayer disagree with the updated commercial appraisal presented by the plaintiff, the Judge may order the appointment of 2 (two) adjudicating experts at the hearing itself. Once their appointment is accepted, they, the parties and the other experts will be summoned for a special hearing that will be held in a period of no less than 7 (seven) nor more than 15 (fifteen) days, and in which with the concurrent to the same, with or without deciding expertise, an expert debate will be held under the direction of the Judge.


 


The sentence indicates who is obliged to pay the fees for the adjudicating expertise, according to what results from the conclusions thereof.


 


Article 528.- Execution of the sentence


Once the sentence that declares the disputed claims fully or partially founded, the rules contained in Chapter V of Title V of the FIFTH SECTION of this Code will be observed with the following particularities:


 


1.- The executing judge will demand from the plaintiff or defendant, as appropriate, the return of the difference between the amount of the just appreciated compensation referred to in the judgment and the payment made by the active subject of the expropriation. In the event that the taxable person does not return within the tenth day of notification, the guarantee referred to in Article 523-A will be executed. In the event that the active subject should return any amount, he must cancel it in the same term under penalty of expiration and reversion.


 


2.- The executing Judge will require the plaintiff so that under warning of expiration of the expropriation within 10 (ten) working days, he consigns in the Bank of the Nation, at the disposal of the court, the just appreciated compensation established in the sentence duly updated until the date of the consignment, in accordance with the provisions of Article 18 of the General Expropriations Law, as well as an amount, which the Judge will set, to cover eventual expenses. This subsection will only be applicable in the event that the plaintiff has opposed the amount of compensation and the defendant has not offered a guarantee.


 


In the processes in which the provisional possession referred to in Article 530 has been granted, the appropriation established in the preceding paragraph must be made for an amount equivalent to the amount of the just appreciated compensation established in the judgment, duly updated, and the Amount consigned at the time of the request for provisional possession.


 


3.- The Judge will order that the taxpayer comply within a period that will not exceed 5 (five) days after being required, with signing the property transfer documents, according to the nature of the expropriated property and the corresponding formalities. For these purposes, the plaintiff must present the draft of the respective documents.


 


In the same resolution, the delivery of the possession will also be ordered, if applicable, within the periods indicated in paragraph 6. of this article, under warning of delivering it in default of the obligor and of transferring the corresponding expenses. If the property is owned by a third party, it will be required to deliver it within the same deadlines.


 


4.- The duly founded opposition of the taxpayer on the amount or form of calculation of the update of the just appreciated compensation, if applicable, or on the text of the transfer documents, will be resolved by the Judge within the third day. The duly motivated resolution is appealable without suspensive effect.


 


5.- Once the appeal has been granted, ex officio or at the request of a party, the Judge may require the plaintiff or the defendant, as appropriate, to grant the appropriate guarantees for the reimbursement of the differences as declared by the appealed resolution.


 


6.- In the case of rustic properties with temporary crops or other properties subject to commercial, industrial, mining or similar exploitation or use, the Judge will set the period for vacating and handing over which shall not be less than 90 (ninety) nor more than 180 (one hundred and eighty) days considering, in the case of a property with an agricultural exploitation, the appropriate time to collect the harvest.


 


When it comes to urban properties, the term will be no less than 60 (sixty) nor more than 90 (ninety) days from the request.


 


When it comes to movable property, the Judge will order delivery within a period of no less than 5 (five) and no more than 10 (ten) days after the request was made.


 


Article 529.- Third party claim


Except for the cases indicated in Article 521, no third party intervention will be admitted in the process.


 


The possessor or other third party who considers himself injured by the expropriation or who considers that he has a right to the amount of the fair price, can exercise his rights in the appropriate way without hindering the expropriation process.


 


Article 530.- Provisional Possession


The request for provisional possession of the property in the exceptional cases referred to in Article 24 of the General Expropriation Law, can be made at any stage of the process after the procedural reorganization, and is processed as a precautionary measure.


 


The request for provisional possession will state the factual and legal grounds that justify it, accompanied by the consignment certificate for the amount resulting from the fair price, in case the plaintiff had opposed the compensation proposed by the defendant, to which he refers subsection 7 of Article 520, duly updated with legal interests until the date of the request.


 


Notwithstanding the provisions of Article 627, 25% (twenty-five percent) of the amount consigned will serve as counter-precaution for any damages that provisional possession may generate.


 


The resolution that is pronounced on the precautionary request is appealable without suspensive effect, unless the cause of the expropriation is being discussed in the process.


 


Article 531.- Expiration


The right of expropriation of any active subject expires in the following cases:


 


- When the expropriation procedure has not been initiated within a period of six months from the publication or notification of the rule that initiates the execution of the expropriation.


 


- When the judicial expropriation procedure has not been completed within seven years from the publication of the corresponding supreme resolution.


 


The expiration occurs in full right. The judge of the case declares it at the request of the party and cannot again order the expropriation of the same property for the same cause, but after one year of said expiration.


 


Article 532.- Reversion


If within a period of twelve months, computed from the termination of the expropriation judicial process, the expropriated property has not been given the destination that motivated this measure or the work for which it was ordered has not been started, the above The owner or his heirs may request the reversion in the state in which it was expropriated, reimbursing the same amount of money received as just-appreciated compensation, having the right to claim for the damages that had been incurred.


 


When the expropriated property is necessary for the execution of investment projects, the extension of which includes real estate owned by different owners, the period indicated in the preceding paragraph must be computed from the end of the last expropriation process of said property.


 


Within ten working days of the consent or execution of the sentence that declares the plaintiff's claim founded, the latter must consign in the Banco de la Nación the amount received with deduction of expenses and taxes.


 


The right to request the reversal expires three months from the day following the end of the term referred to in the first paragraph of this article.


 


Subchapter 5: Third


Article 533.- Foundation


The third party is understood with the plaintiff and the defendant, and can only be based on the ownership of the assets judicially affected by precautionary measure or for execution; or in the preferential right to be paid with the price of such goods.


 


Notwithstanding the foregoing, it may be based on the ownership of goods affected with real guarantees, when the third party's right is registered prior to said affectation.


 


Article 534.- Opportunity


The third party property can be filed at any time before the auction of the property begins. The preferential right before the payment is made to the creditor.


 


The competent Judge is the Judge of the process in which it intervenes.


 


Article 535.- Inadmissibility


The third party claim will not be admitted if it does not meet the requirements of Article 424 and, in addition, if the plaintiff does not prove his right with a public or private document of a certain date, failing that, if it does not provide sufficient guarantee at the discretion of the Judge to respond for the damages that the third party may incur.


 


Article 536.- Effects of third party ownership


Once the third-party property is admitted, the process will be suspended if it is in the execution stage, even if the resolution that orders the sale of the goods is consented or executed, unless they are subject to deterioration, corruption or disappearance or that their conservation is excessively burdensome. . In these cases, the proceeds of the sale are affected by the result of the third party.


 


The third party can obtain the suspension of the precautionary measure or the execution of the affected property, if the guarantee granted is sufficient at the discretion of the Judge, in case it does not prove that the property is his property.


 


Article 537.- Effects of the third party of preferential right


Once the third party of preferential right is admitted, the payment to the creditor is suspended until a final decision is made on the preference, unless the third party grants sufficient guarantee at the discretion of the Judge to respond for the capital, interest, costs, costs and fines.


 


The third party can intervene in the actions related to the auction of the property.


 


Article 538.- Collusion and malice


If collusion between the third party and the defendant is proven, both and their Attorneys, jointly and severally, will be imposed a fine of not less than five nor more than twenty Procedural Reference Units, plus compensation for damages, costs and costs. In addition, the Judge will send the Public Ministry a certified copy of the pertinent actions, for the exercise of the corresponding criminal action.


 


The same sanctions will be imposed on whoever has maliciously requested and executed a precautionary measure.


 


Article 539.- Suspension of the precautionary measure without third party


The injured party by a precautionary measure issued in a process in which he is not a party, can request its suspension without filing a third party, attaching registered property title. The order is transferred to the parties. If the measure is suspended, the resolution is irrevocable. Otherwise, the interested party may file a third party, in accordance with Article 533.


 


Subchapter 6: Challenge of administrative act or resolution


Article 540.- Repealed


Article 541.- Repealed


Article 542.- Repealed


Article 543.- Repealed


Article 544.- Repealed


Article 545.- Repealed


TITLE III: SUMMARY PROCESS


Chapter I: General Provisions


Article 546.- Origin


The following contentious matters are processed in a summary process:


 


1.- Food;


 


2.- conventional separation and subsequent divorce;


 


3.- interdiction;


 


4.- eviction;


 


5.- injunctions;


 


6.- Those who do not have their own procedural path, are invaluable in money or there is doubt about their amount or, because due to the urgency of jurisdictional protection, the Judge considers their employment admissible;


 


7.- those whose equity estimate is not greater than one hundred Procedural Reference Units; and,


 


8.- the others that the law indicates.


 


Article 547.- Competition


Family Judges are competent to hear the summary proceedings indicated in paragraphs 2) and 3) of Article 546. In the cases of subsections 5) and 6), the Civil Judges are competent.


 


Legal Justices of the Peace hear the matters referred to in subsection 1) of Article 546.


 


In the case of subsection 4) of article 546, when the monthly income is greater than fifty Procedural Reference Units or there is no amount, the Civil Judges are competent. When the amount is up to fifty Procedural Reference Units, the Justices of the Peace Lawyers are competent.


 


In the case of subsection 7) of article 546, when the claim is up to ten Procedural Reference Units, the Justice of the Peace is competent to sentence and up to fifty Procedural Reference Units to resolve through conciliation; When these amounts are exceeded, the Legal Justice of the Peace is competent.


 


Article 548.- Supplementary regulations


The provisions of Article 476 are applicable to this process, with the modifications provided for in this Chapter.


 


Article 549.- Establishment of the process by the Judge


In the case of subsection 6. of Article 546, the resolution that declares the summary process applicable will be issued without a summons to the defendant, in a duly motivated and uncontested decision.


 


Article 550.- Special terms of the location


For the cases provided in the third paragraph of Article 435, the terms will be fifteen and twenty-five days, respectively.


 


Article 551.- Inadmissibility or inadmissibility


The judge, when assessing the claim, may declare its inadmissibility or inadmissibility, in accordance with the provisions of Articles 426 and 427, respectively.


 


If the claim is declared inadmissible, it will grant the plaintiff three days to remedy the omission or defect, under warning of filing the file. This resolution is unchallenged.


 


If the claim is declared inadmissible, it will order the return of the annexes presented.


 


Article 552.- Exceptions and previous defenses


The exceptions and prior defenses are filed when the claim is answered. Only evidence of immediate action is allowed.


 


Article 553.- Evidentiary issues


The strikeouts or oppositions are only credited with evidence of immediate action, which will occur during the hearing provided for in Article 554.


 


Article 554.- Single hearing


Upon admitting the claim, the judge will grant the claim five days to answer it.


 


Once the demand has been answered or the term to do so has elapsed, the Judge will set a date for the hearing on sanitation, evidence and sentence, which must be held within ten days after the demand has been answered or after the term to do it has elapsed, under responsibility.


 


In this hearing, the parties may be represented by proxy, without any restriction.


 


Article 555.- Action


At the beginning of the hearing, and if previous exceptions or defenses have been deduced, the Judge will order the plaintiff to acquit them, after which the pertinent evidentiary means will be acted upon. Once its action has concluded, if it finds the previous exceptions or defenses proposed to be unfounded, it will declare the process healthy. The Judge, with the intervention of the parties, will fix the controversial points and will determine those that will be the subject of evidence.


 


Then, it will reject the evidentiary means that it considers inadmissible or inadmissible and will order the action of those referred to the evidentiary questions that arise, resolving them immediately.


 


Once the evidentiary means relating to the substantive issue have been acted upon, the Judge will grant the floor to the Lawyers who so request. Then, it will issue a sentence.


 


Exceptionally, you can reserve your decision for a period that will not exceed ten days from the conclusion of the hearing.


 


Article 556.- Appeal


The resolution cited in the last paragraph of Article 551, which declares an exception or prior defense founded, and the sentence are appealable with suspensive effect, within a third day of notification. The rest are only appealable during the hearing, without suspensive effect and with the quality of deferred, being of application the Article 369 with regard to its procedure.


 


Article 557.- Supplementary regulation


The single hearing is supplementary regulated by the provisions of this Code for the test hearing.


 


Article 558.- Processing of the appeal with suspensive effect


The processing of the appeal with suspensive effect is subject to the provisions of Article 376.


 


Article 559.- Inappropriateness


In this process, the following are not coming:


 


1.- The counterclaim.


 


2.- The reports on the facts.


 


Chapter II: Special provisions


Subchapter 1: Food


Article 560.- Special jurisdiction


Knowledge of the maintenance process corresponds to the Judge of the domicile of the defendant or the plaintiff, at the latter's choice.


 


The Judge will reject outright any challenge to the competition on grounds of territory.


 


Article 561.- Procedural representation


They exercise the procedural representation:


 


1.- The legal representative of the capable plaintiff;


 


2.- The father or mother of the minor obligee, even if they themselves are minors;


 


3.- The tutor;


 


4.- The curator;


 


5.- The defenders of minors referred to in the Code of Children and Adolescents;


 


6.- The Public Ministry, if applicable;


 


7.- The directors of the establishments for minors; and,


 


8.- Others indicated by law.


 


Article 562.- Exemption from the payment of Judicial Fees


The plaintiff is exempt from paying court fees, provided that the amount of the alimony demanded does not exceed twenty (20) Procedural Reference Units


 


Article 563.- Prohibition of being absent


At the request of the party and when the family bond is indubitably proven, the judge may prohibit the defendant from leaving the country while compliance with the advance allowance or alimony is not duly guaranteed.


 


This prohibition applies regardless of whether the advance allowance or alimony has been fulfilled.


 


For the purposes of complying with the prohibition, the judge sends an official letter to the competent authorities.


 


Article 564.- Report of the work center


The judge requests a written report from the defendant's workplace regarding his remuneration, bonuses, vacations and any freely available sum arising from his employment relationship. For other cases, the report is required from the party obliged to pay the economic compensation for the services provided by the defendant. In any of the cases indicated, the report is presented within a period not exceeding seven (7) business days, under warning of reporting it for the crime provided for in article 371 of the Penal Code.


 


If the judge verifies the falsity of the report, he will send the Public Ministry a certified copy of the pertinent actions for the exercise of the corresponding criminal action.


 


Article 565.- Special annex to the answer


The Judge will not admit the answer if the defendant does not accompany the last affidavit presented for the application of his income tax or the document that legally replaces it. If you are not bound by the aforementioned statement, it will accompany a sworn certification of your income, with a legalized signature.


 


In this case, the second paragraph of Article 564 applies.


 


Article 565-A.- Special requirement of the claim


It is a requirement for the admission of the demand for reduction, variation, apportionment or exemption of alimony that the claimant obliged to provide alimony proves that he is up to date in the payment of alimony.


 


Article 566.- Early execution and forced execution


The alimony established by the sentence must be paid in advance and is executed even if there is an appeal. In this case, a separate notebook will be formed. If the hearing sentence modifies the amount, the payment of this will be ordered.


 


Once a final judgment is obtained that supports the claim, the Judge will order the defendant to open a savings account in favor of the plaintiff in any institution of the financial system. The account will only be used for the payment and collection of the alimony ordered.


 


Any claim about non-compliance with payment will be resolved with the report that, under responsibility, the financial institution will issue at the request of the Judge on the movement of the account. Likewise, in replacement of the expert report, the Judge may request the financial entity to settle the legal interest that the debt has accrued.


 


Accounts opened solely and exclusively for this purpose are exempt from any tax.


 


In places where there are no financial entities, the payment and delivery of alimony will be made in cash, leaving a record in the minutes that will be attached to the process.


 


Article 566-A.- Warning and referral to the Prosecutor


If the obligor, after having been notified for the execution of the final judgment, does not comply with the payment of the maintenance, the Judge, at the request of the party and prior request to the defendant under express warning, will send a certified copy of the liquidation of the accrued pensions and the respective resolutions to the Shift Provincial Criminal Prosecutor, in order for him to proceed in accordance with his attributions.


 


Said act replaces the procedure for filing a criminal complaint.


 


Article 567.- Interest and update of the value


Alimony earns interest.


 


Regardless of the amount demanded, the Judge at the time of issuing the sentence or its execution must update it to its real value. For this purpose, it will take into account the provisions of Article 1236 of the Civil Code.


 


This rule does not affect benefits already paid. The value update can be requested even if the process is already sentenced. The request will be resolved with a summons to the obligor.


 


Article 568.- Liquidation


Once the process has concluded, on the basis of the proposal made by the parties, the Clerk of Court will make the liquidation of the accrued pensions and the interests computed as of the day following notification of the claim, taking into account what happened in the notebook. early allocation. Of the liquidation, transfer to the obligor will be granted for a period of three days and with his answer or without it, the Judge will resolve. This decision is appealable without suspensive effect.


 


Those that accrue later, will be paid in advance.


 


Article 569.- Unfounded claim


If the sentence is revoked, declaring the claim totally or partially unfounded, the plaintiff is obliged to return the amounts he has received, plus his legal interests in accordance with the provisions of Article 567.


 


Article 570.- Proration


When the apportionment of food is demanded, the judge who made the first summons corresponds to know the process.


 


While the apportionment process is being processed, the Judge may provisionally indicate, at the request of a party, the portions that each claimant must receive from the affected income.


 


Article 571.- Extensive application


The rules of this Sub-Chapter are applicable to the processes of increase, reduction, change in the way of providing it, apportionment, exoneration and extinction of alimony, insofar as they are pertinent.


 


Article 572.- Guarantee


While the judgment that provides for the payment of maintenance is in force, the obligation to provide sufficient guarantee is required, at the discretion of the Judge.


 


Subchapter 2: Conventional Separation and Subsequent Divorce


Article 573.- Supplementary application


The claim of separation of bodies and extinction of the patrimonial regime of community of community property by agreement of the spouses and that of divorce, in accordance with subsection 13 of Article 333 of the Civil Code, respectively, are subject to the processing of the summary process with the particularities regulated in this Subchapter.


 


Article 574.- Intervention of the Public Ministry


In the processes referred to in this Subchapter, the Public Ministry intervenes as a party only if the spouses have children subject to parental authority, and as such does not issue an opinion.


 


Article 575.- Special requirement of the claim


The demand must be specially attached to the proposed agreement, signed by both spouses, that regulates the regimes for the exercise of parental authority, maintenance and liquidation of the community of community property according to the valued inventory of the assets whose ownership is proven.


 


The valued inventory will only require the legalized signature of the spouses.


 


Article 576.- Anticipation of guardianship


Once the admission order is issued, the agreements of the agreement annexed to the claim have legal effect, without prejudice to what is provided in the judgment.


 


Article 577.- Special representation


Legal actions may be carried out through a proxy, invested with specific powers for this process.


 


Article 578.- Revocation


Within thirty calendar days after the hearing, either spouse may revoke their decision, in which case the file is archived.


 


No partial or conditional revocation is allowed.


 


Article 579.- Content of the sentence


The sentence will accept the content of the proposed agreement, provided that it adequately ensures the maintenance obligation and the inherent duties of parental authority and rights of minors or incapacitated persons.


 


Article 580.- Divorce.


In the case provided for in the first paragraph of article 354 of the Civil Code, the request to dissolve the marriage bond proceeds, after two months have elapsed from the notification of the separation sentence, the mayoral decision or the conventional notarial act of separation. The Judge will issue a sentence, three days after the other party has been notified; and the mayor or the notary who learned about the conventional separation process, will resolve the request within a period of no more than fifteen days, under responsibility.


 


Subchapter 3: Interdiction


Article 581.- Origin


The demand for interdiction proceeds in the cases provided for in article 44 numerals 4 to 7 of the Civil Code.


 


The lawsuit is directed against the person whose interdiction is requested, as well as those who, having the right to request it, have not done so.


 


Article 582.- Specific annexes


In addition to the provisions of Article 548, the claim will be accompanied by:


 


1.- In the case of prodigals and those who incur mismanagement: the offer of no less than three witnesses and the documents that prove the facts that are invoked; and


 


2.- In other cases: the medical certification on the status of the presumed injunction, which is understood to be issued under oath or promise of truthfulness, and must be ratified at the respective hearing.


 


Article 583.- Special case


In the case of a person contemplated in article 44 numerals 4 to 7 of the Civil Code who constitutes a serious danger to public tranquility, the claim may be presented by the Public Ministry or by any person.


 


Article 584.- Rehabilitation


The declaration of rehabilitation may be requested by the injunction, its curator or whoever claims to have interest and legitimacy to act, following the rules of this Subchapter. Those who participated in the interdiction process and the curator, if applicable, must be summoned.


 


Subchapter 4: Eviction


Article 585.- Procedure


The restitution of a property is processed in accordance with the provisions for the summary process and the details indicated in this Subchapter.


 


It proceeds to the plaintiff's decision, to accumulate the claim to pay the rent when the eviction is based on said cause. If you do not opt ​​for the accumulation, the plaintiff will be able to make effective the collection of the rents in the executive process according to its nature.


 


When the plaintiff chooses to accumulate the payment of rents upon eviction, the requirement set forth in subsection 3) of article 85 of this Code is excepted.


 


Article 586.- Active and passive subjects in the eviction


They can sue: the owner, the landlord, the administrator and anyone who, except as provided in Article 598, considers having the right to the restitution of a property.


 


They can be sued: the tenant, the sub-tenant, the precarious or any other person to whom the restitution is demanded.


 


Article 587.- Third party with or without title


If the property is occupied by a third party unrelated to the relationship established between the plaintiff and the person to whom he transferred possession, the plaintiff must report it in his claim. The defendant will be notified with the claim and may participate in the process.


 


If at the time of notification of the admission the presence of a third party is noticed, whoever notifies him will instruct him of the process initiated, his right to participate in it and the effect that the sentence will produce.


 


The third party may act as the defendant's voluntary co-counsel from the single hearing.


 


If during the hearing it is noticed that the third party lacks possession, the Judge will apply the provisions of Article 107.


 


Article 588.- Lack of passive legitimacy


If the summons proves that he is not a possessor, but is only in a dependent relationship with respect to another, preserving possession on his behalf and in compliance with his orders and instructions, the admissibility must be overridden and proceed in accordance with the provisions of Article 105, unless the one who sued is the holder with whom he maintains the subordination relationship.


 


Article 589.- Notification


In addition to the domiciliary address indicated in the claim, it must be notified on the property that is the subject of the claim, if different.


 


If the property does not have a numbering that identifies it in view, the notifier will fulfill its mission by inquiring the neighbors and drawing up a report on what happened.


 


Article 590.- Accessory eviction


The launch can be executed in a process of knowledge or abbreviated, provided that the restitution has been cumulatively demanded, without prejudice to the provisions of the third paragraph of Article 87.


 


Article 591.- Limitation of evidentiary means


If the eviction is based on the cause of non-payment or expiration of the term, only the document, the declaration of the party and the expertise, if applicable, are admissible.


 


Article 592.- Requirement


The launch will be ordered, at the request of the party, after six days of notification of the decree that declares the sentence consented or the one that orders the execution of the sentence, as the case may be.


 


Article 593.- Launch


Consent or enforceable the sentence that declares the claim founded, the launch will be executed against all those who occupy the property, even if they have not participated in the process or do not appear in the notification act.


 


The launch is understood to have taken place, only when the property is delivered to the plaintiff in its entirety and totally unoccupied.


 


If within the two months following the launch it is proven that the loser has re-entered the premises, the winner may request a new launch.


 


Article 594.- Sentence with future condemnation


The eviction can be sued before the expiration of the term to return the property. However, if the lawsuit is protected, the launch can only be executed after six days of expiration of the term.


 


If the summons acquiesces to the demand and at the expiration of the term, makes the property available to the plaintiff, the latter must pay the costs and costs of the process.


 


In real estate lease contracts, with signatures legalized before a notary public or justice of the peace, in places where there is no notary public, which contain a clause for the future search of the tenant, for the restitution of the property by conclusion of the contract or by resolution of the same due to non-payment in accordance with the provisions of article 1697 of the Civil Code, the Judge notifies the demand to the tenant so that, within a period of six days, he can prove the validity of the lease or the cancellation of the rent owed.


 


Once the established period has expired without the accreditation of what is indicated in the previous paragraph, the Judge orders the launch in fifteen business days, in accordance with article 593 of the Civil Procedure Code.


 


The Judge of the place where the property that is the subject of the contract is located is competent to hear the request for restitution of the property, in contracts with raid clauses.


 


The judicially recognized debt of the tenant originates the registration of the defendant in the Registry of Defaulting Judicial Debtors.


 


Article 595.- Payment of improvements


The holder can demand the payment of improvements following the procedure of the summary process. If you are sued for eviction before, you must file your claim within a period that will expire on the day of the answer. This process cannot be combined with the eviction process.


 


Article 596.- Restitution of other assets


The provisions of this Subchapter are applicable to the claim for the restitution of movable and immovable property other than the property, as appropriate.


 


Subchapter 5: Injunctions


Article 597.- Competition


The injunctions are processed before the Civil Judge, except as provided in the second paragraph of Article 605.


 


Article 598.- Active legitimacy


Anyone who considers himself to be disturbed or deprived of his possession may use the injunctions, even against those who have other real rights of a different nature over the property that is the object of the disturbance.


 


Article 599.- Origin


The injunction proceeds with respect to property, as well as registered personal property, as long as it is not for public use.


 


The injunction also proceeds to protect the possession of easement, when it is apparent.


 


Article 600.- Requirements and annexes


In addition to the provisions of Article 548, the lawsuit must necessarily state the facts of the grievance and the time when they were carried out.


 


The means of proof must refer exclusively to proving possession and the disturbing or dispossessing act or its absence.


 


Article 601.- Extinctive prescription


The interdictal claim prescribes one year after the fact that the claim is based. However, once this period has expired, the plaintiff can exercise his right to possession in a process of knowledge.


 


Article 602.- Accumulation of claims


They can be sued cumulatively against the injunction, claims for payment of fruits and compensation for damages caused.


 


Article 603. Injunction to recover


It proceeds when the possessor is stripped of his possession, provided that there has been no prior process.


 


However, if it is proven that the dispossession occurred in exercise of the right contained in article 920 of the Civil Code, the claim will be declared inadmissible.


 


At the request of the party, the request for provisional possession of the property is made once the claim has been admitted, which is subject to the requirements and procedures of the precautionary measure.


 


Article 604.- Well founded claim and injunction to recover


Once the claim is founded, the Judge will order the plaintiff to be reinstated in the right of possession of which he was deprived and, where appropriate, the payment of the fruits and the corresponding compensation.


 


Article 605.- Judicial dispossession and special procedure


The third party dispossessed as a result of the execution of a judicial order issued in a process in which he has not been summoned or summoned, may file an injunction to recover.


 


The third party injured by the court order must go to the judge who issued it requesting restitution. If the Judge deems the order to be admissible, he will immediately access it. Otherwise, it will reject it, leaving the right of the third party to enforce it in another process.


 


Article 606.- Injunction to retain


It proceeds when the possessor is disturbed in his possession.


 


The disturbance may consist of material or other acts such as the execution of works or the existence of buildings in a dilapidated state. If so, the claim will consist of the suspension of the continuation of the work or the destruction of the building, although both claims can be accumulated. In all cases, the claim will consist of the cessation of these acts.


 


Once the claim is admitted, the judge will order, in an uncontested decision, a judicial inspection be carried out, appointing experts or any other means of proof that he considers pertinent. The action will be understood with whoever is in charge of the inspected property.


 


Article 607.- Founded judgment and injunction to retain


Once the claim is founded, the judge will order the disruptive acts to cease and whatever corresponds according to the second paragraph of Article 606, in addition to the payment of the fruits and compensation, if applicable.


 


TITLE IV: PRECAUTIONARY PROCESS


Chapter I: Precautionary Measures


Article 608.- Competent judge, opportunity and purpose


The competent judge to issue precautionary measures is the one who is empowered to hear the claims of the lawsuit. The judge may, at the request of a party, issue a precautionary measure before or within the process, except for a different provision established in this Code.


 


All precautionary measures out of process, aimed at ensuring the effectiveness of the same claim, must be requested before the same judge, under penalty of nullity of the precautionary resolutions issued. The applicant must clearly state the claim to be sued.


 


The purpose of the precautionary measure is to guarantee compliance with the final decision.


 


Article 609.- Substitution of the Judge


If due to impediment, challenge, excuse or abstention, it is provided that the knowledge of the main process passes to another Judge, he will also know the precautionary process.


 


Article 610.- Application requirements


The person requesting the measure must:


 


1.- Present the grounds of your precautionary claim;


 


2.- Indicate the form of this;


 


3.- Indicate, if it were the case, the assets on which the measure should fall and the amount of its affectation;


 


4.- Offer contracautela; and


 


5.- Designate the corresponding judicial aid body, if applicable. In the case of a natural person, their identification will be accredited by attaching a legalized copy of their personal identity document.


 


Article 611.- Content of the precautionary decision


The judge, taking into account the nature of the main claim and in order to achieve the effectiveness of the final decision, issues a precautionary measure in the manner requested or in the manner deemed appropriate, provided that, based on the foregoing and the evidence presented by the plaintiff, appreciate:


 


1.- The plausibility of the right invoked.


 


2.- The need to issue a preventive decision because the delay in the process constitutes a danger or for any other justifiable reason.


 


3.- The reasonableness of the measure to guarantee the effectiveness of the claim.


 


The measure issued only affects assets and rights of the parties linked by the material relationship or their successors, where appropriate.


 


The resolution specifies the form, nature and scope of the injunction.


 


The decision that protects or rejects the precautionary measure is duly motivated, under penalty of nullity.


 


Article 612.- Characteristics of the precautionary measure


Every precautionary measure involves prejudice and is provisional, instrumental and variable.


 


Article 613.- Contracautela and discretion of the judge


The purpose of the injunction is to ensure the affected party with a precautionary measure compensation for the damages that its execution may cause.


 


The admission of the injunction, in terms of its nature and amount, is decided by the judge, who can accept the proposal by the applicant, graduate it, modify it or even change it for whatever is necessary to guarantee the possible damages that it may cause. the execution of the precautionary measure.


 


The injunction can be real or personal in nature. The second includes the jury bond, which can be admitted, duly substantiated, provided that it is proportional and effective. This form of injunction is offered in the document containing the request for precautionary measure, with signature legalization before the respective secretary.


 


The collateral of a real nature is constituted with the merit of the judicial resolution that admits it and falls on property owned by the person offering it; the judge sends the respective official letter for its registration in the corresponding registry.


 


In the event of enforcement of the injunction, it is acted upon, at the request of the interested party, before the judge who ordered the measure and in the same precautionary notebook; the one that resolves what is convenient after transferring it to the other party.


 


When the injunction submitted to a time limit is admitted, it remains without effect, as well as the precautionary measure, if the petitioner does not extend it or offer another of the same nature or effectiveness, without the need for a request and within the third day after the term expires. .


 


Article 614.- Excepted from contracautela


The Legislative, Executive, and Judicial Powers, the Public Ministry, the autonomous constitutional bodies, the Regional and Local Governments, and the universities are exempted from contracautela. So is the party who has been granted Legal Aid.


 


Article 615.- Special case of origin


The request for a precautionary measure from the person who has obtained a favorable judgment is admissible, even if it was contested. The precautionary order is requested and executed separately before the Judge of the claim, with a certified copy of the pertinent actions, without it being necessary to meet the requirements set forth in paragraphs 1. and 4. of Article 610.


 


Article 616.- Special cases of inadmissibility


There are no precautionary measures for future forced execution against the Legislative, Executive and Judicial Powers, the Public Ministry, the autonomous constitutional bodies, the Regional and Local Governments and the universities.


 


Nor do they proceed against property of individuals assigned to essential public services provided by the Governments referred to in the previous paragraph, when their execution affects their normal development.


 


Article 617.- Variation


At the request of the holder of the measure and in any stage of the process, it can be varied, either by modifying its form, varying the assets on which it falls or its amount, or substituting the judicial aid body.


 


The party affected by the measure can make a similar request, which will be resolved after summoning the other party.


 


To resolve these requests, the Judge will attend to the particular circumstances of the case. The decision is appealable without suspensive effect.


 


Article 618.- Advance measure


In addition to the regulated precautionary measures, the judge may adopt anticipated measures aimed at avoiding irreparable damage or provisionally ensuring the execution of the final judgment.


 


For this purpose, if a measure has been executed on perishable goods or whose value deteriorates due to the passage of time or another cause, the Judge, at the request of a party, may order its disposal, after summoning the contrary. The alienation may be subject to the stipulations agreed upon by the parties. The money obtained maintains its precautionary function, and its conversion to another currency may be requested if its need is proven. The decision on the sale or conversion is appealable without suspensive effect.


 


Article 619.- Effectiveness of the precautionary measure.


Once the principal is finally resolved and in a favorable manner to the holder of the precautionary measure, the latter will require compliance with the decision, under warning of proceeding to its judicial execution.


 


The judicial execution will begin affecting the property on which the precautionary measure falls for its purpose.


 


Article 620.- Cancellation of the collateral


Once the principal is finally resolved and in a favorable manner to whoever obtained the precautionary measure, the injunction offered is canceled by right.


 


Article 621.- Sanctions for unnecessary or malicious precautionary measure


If a claim whose claim was secured with a precautionary measure is declared unfounded, the holder of the claim will pay the costs and costs of the precautionary process, a fine of no more than ten Procedural Reference Units and, at the request of a party, may also be sentenced to indemnify the damages caused.


 


The compensation will be set by the Judge of the claim within the same process, after transferring it for three days.


 


The resolution that decides the setting of costs, costs and fine is appealable without suspensive effect; the one that establishes the compensatory reparation is it with suspensive effect.


 


Article 622.- Deterioration or loss of property attached to a precautionary measure.


The petitioner of the measure and the respective judicial aid body are jointly liable for the deterioration or loss of the property assigned to the precautionary measure. This responsibility is regulated and established by the Judge of the claim following the procedure provided for in Article 621.


 


Article 623.- Affection of third party assets


The precautionary measure may fall to the benefit of a third party, when their relationship or interest with the main claim is proven, provided that it has been cited with the claim. Once the measure is executed, the third party is entitled to intervene in the main and precautionary proceedings.


 


The debtor and third parties outside the obligation relationship may oppose the change of their address in accordance with the provisions of Article 40 of the Civil Code. Said opposition takes effect even in the act of execution of the precautionary measure, under the responsibility of the judge and / or judicial assistant.


 


Article 624.- Liability for affecting the property of a third party


When it is conclusively proven that the property affected by the measure belongs to a person other than the defendant, the Judge will order its immediate disaffection, even if the measure had not been formalized. The petitioner will pay the costs and costs of the precautionary process and, in view of the circumstances, will lose the injunction in favor of the owner.


 


If the petitioner's bad faith is proven, a fine of no more than thirty Procedural Reference Units will be imposed, reporting to the Public Ministry for the purposes of the criminal process that may arise.


 


Article 625.- Extinction of the precautionary measure granted with the Repealed Code


In the processes initiated with the Code of Civil Procedures of 1912, the precautionary measure expires in full right after five years from its execution. If the main process has not concluded, the judge may, at the request of the party, order the updating of the measure. This decision requires a new execution when it involves a registration.


 


Article 626.- Responsibility of the Judge and the Secretary


When the Judge designates the judicial aid organ, he is civilly liable for the deterioration or loss of the property subject to precautionary measure caused by it when his appointment would have been ostensibly inappropriate. In this case, it will be subjected to the special procedure established in this Code.


 


The intervening Secretary is liable when the damages originate from his negligence in executing the precautionary measure. The sanction will be applied by the Judge at the request of the party, hearing the alleged offender and acting expertly if he considers it necessary. The procedure will be carried out in the precautionary measure notebook. The decision is appealable with suspensive effect.


 


Article 627.- Unnecessary measure


If the claim is sufficiently guaranteed, the request for a precautionary measure is inadmissible. However, it can be granted if it is proven that the guarantee has suffered a decrease in its value or the claim has increased during the course of the process or other analogous cause.


 


Article 628.- Substitution of the measure


When the precautionary measure guarantees a monetary claim, the affected party can deposit the amount set in the measure, with which the Judge will substitute it outright. The sum deposited will be kept as guarantee of the claim and will accrue the legal interest. This decision is unchallenged.


 


Substitution of the measure also proceeds when the affected party offers sufficient guarantee at the discretion of the Judge, who will decide upon transfer to the petitioner for three days.


 


Article 629.- Generic precautionary measure


In addition to the precautionary measures regulated in this Code and in other legal provisions, an unforeseen one can be requested and granted, but one that ensures in the most appropriate way compliance with the final decision.


 


Article 630.- Cancellation of the measure


If the judgment in the first instance declares the claim unfounded, the precautionary measure is canceled, even if it has been challenged. However, at the request of the applicant, the Judge may maintain the validity of the measure until it is reviewed by the higher instance, as long as a contracaution of a real nature or joint and several bond is offered.


 


Article 631.- Plurality of judicial aid bodies


When the measure falls on more than one asset and its nature or location justifies it, the Judge may designate more than one body for judicial assistance.


 


Article 632.- Rights of the judicial aid organ


The judicial aid bodies receive the remuneration that the Judge sets at their request. The petitioner is responsible for its payment against the final settlement, and must make it effective upon simple request. Decisions in relation to remuneration are appealable without suspensive effect.


 


Article 633.- Special observer


Either party may request the appointment of an overseer to oversee the work of the judicial aid body. The resolution will specify its duties and powers, as well as the frequency with which it will present its written reports, which will be made known to the parties.


 


In attention to the information and what was expressed by the parties, the Judge will order the modifications that he considers pertinent, being able to subrogate the observed assistant. Against this decision there is an appeal without suspensive effect.


 


Article 634.- Rights and responsibilities of the overseer


The overseer is assimilated to the judicial aid organ for the purposes of his retribution.


 


The overseer who fails to comply with his obligations is responsible for the damages that occur, without prejudice to the responsibility contracted by Articles 371 and 409 of the Penal Code.


 


Subchapter 2: Precautionary procedure


Article 635.- Autonomy of the process


All acts related to obtaining a precautionary measure, make up an autonomous process for which a special notebook is formed.


 


Article 636.- Precautionary measure out of process


Executed the measure before starting the main process, the beneficiary must file his claim before the same Judge, within ten days after said act. When the out-of-court conciliatory procedure is necessary for the claim to be admissible, the term for filing it will be computed from the conclusion of the conciliation procedure, which must be initiated within five business days of having become aware of the execution. of the measure.


 


If the claim is not filed in a timely manner, or it is rejected liminarily, or the conciliation center is not attended within the indicated period, the precautionary measure expires by right. Once the admission of the demand for revocation of the superior has been ordered, the precautionary measure requires new processing.


 


Article 637.- Processing of the measure


The precautionary request is granted or rejected without the knowledge of the affected party based on the grounds and proof of the request. Appeal against the order that denies the precautionary measure proceeds. In this case, the defendant is not notified and the superior acquits the degree without admitting any intervention. In the case of precautionary measures out of process, the judge must automatically assess their territorial incompetence.


 


Once the precautionary measure has been issued, the affected party can file an opposition within a period of five (5) days, counted from the moment it becomes aware of the precautionary resolution, so that it can formulate the pertinent defense. The formulation of the opposition does not suspend the execution of the measure.


 


If the opposition is protected, the judge annuls the precautionary measure. The resolution that resolves


 


Article 638.- Execution by third parties and police assistance


When the execution of the measure must be carried out by a public official, the Judge will send him, under confirmation, via email the mandate that orders the seizure measure with the actions that he considers pertinent or exceptionally by any other reliable means that leaves evidence of your decision.


 


When, due to the circumstances, the assistance of the public force is necessary, an official letter containing the respective mandate will be issued to the corresponding police authority.


 


By the merit of its reception, the official or the police authority are obliged to its immediate, exact and unconditional execution, under criminal responsibility.


 


Article 639.- Concurrence of precautionary measures


When two or more measures affect an asset, they ensure the claim for which they have been granted, taking into account the priority arising from the date of their execution. If the priority cannot be reliably specified, the priority established by the rights that support the claim will be attended to.


 


Article 640.- Formation of the precautionary notebook


In a process in process, the precautionary notebook is formed with a simple copy of the application, its annexes and the admissible resolution. These are added to the precautionary request and its supporting documents. For the processing of this appeal, the request for the main file is prohibited.


 


Article 641.- Execution of the measure


The execution of the measure will be carried out by the respective Secretary on a working or authorized day and time, with the support of the public force if necessary. Disengagement or other similar acts may be authorized, when the case justifies it. Of this action, the assistant will establish a record signed by all the intervening parties and certified by him. Where appropriate, it will record the refusal to sign.


 


Chapter II: Specific precautionary measures


Subchapter 1: Measures for future forced execution


Article 642.- Embargo


When the main claim is appreciable in money, a seizure can be requested. This consists of the legal affectation of an asset or right of the alleged obligated person, even if it is in the possession of a third party, with the reservations established by law for this case.


 


Article 643.- Kidnapping


When the main process has the specific purpose of elucidating the right of ownership or possession over a certain asset, the measure may affect it, with the character of judicial seizure, with dispossession of its holder and delivery to a custodian appointed by the Judge.


 


When the measure tends to ensure the payment obligation contained in an executive title of a judicial or extrajudicial nature, it can fall on any property of the debtor, with the character of conservative kidnapping, also with dispossession and delivery to the custodian.


 


The provisions referring to seizure apply to kidnapping, insofar as they are compatible with its nature.


 


Article 644.- Identification of the seized or seized assets


In the execution of the seizure or seizure, the jurisdictional assistant will proceed to specify in the record, under responsibility and with the help of an expert when necessary: ​​the nature of the goods, number or quantity, trademark, year of manufacture, state of conservation and operation, registration numbering and other data necessary for their full identification and return in the same state in which they were deposited or seized. Likewise, it will identify the person designated as the aid organ, certifying the delivery of the goods to it.


 


Article 645.- Extension of the embargo


The embargo falls on the affected property and may affect its accessories, fruits and products, provided they have been requested and granted.


 


Article 646.- Seizure of property under joint ownership


When the seizure falls on an asset subject to the co-ownership regime, the affectation only reaches the share of the obligor.


 


Article 647.- Vehicle hijacking


The vehicle subjected to kidnapping will be placed in a warehouse owned or driven by the custodian himself, accessible to the affected party or overseer, if there is one. The vehicle may not be removed without a written order from the Judge of the measure. While the kidnapping is in force, the arrest or immobilization order will not be lifted.


 


Article 647 A.- Conservative seizure of computer assets


In the event that a conservative seizure or embargo is issued on magnetic, optical or similar media, the person affected by the measure will have the right to withdraw the information contained therein.


 


The other provisions and the measures that may be dictated on computer assets or on the information contained therein remain safe.


 


Article 648.- Unattachable assets


They are unattachable:


 


1.- State Assets


 


2.- Assets constituted as family patrimony, without prejudice to the provisions of Article 492 of the Civil Code;


 


3.- The articles of strict personal use, books and basic food of the obligor and his relatives with which he forms a family unit, as well as the goods that are essential for his subsistence;


 


4.- The vehicles, machines, utensils and tools essential for the direct exercise of the profession, trade, teaching or learning of the obligor;


 


5.- The decorative insignia, the uniforms of the officials and servants of the State and the weapons and equipment of the members of the Armed Forces and the National Police;


 


6.- Remuneration and pensions, when they do not exceed five Procedural Reference Units . The excess is seizable up to one third.


When it comes to guaranteeing maintenance obligations, the garnishee shall proceed up to sixty percent of the total income, with the sole deduction of the discounts established by law;


 


7.- Alimony pensions;


 


8.- The movable property of religious temples; and,


 


9.- The graves.


 


However, the assets indicated in paragraphs 3. and 4. may be affected when it comes to guaranteeing the payment of the price at which they have been acquired. The fruits of unattachable assets may also be affected, with the exception of those generated by the assets indicated in paragraph 1.


 


Article 649.- Seizure in the form of deposit and kidnapping on movable property


When the seizure in the form of a deposit falls on movable property of the obliged person, the latter will be constituted as a depositary, unless he refuses to accept the designation, in which case they will be seized, proceeding in the manner as indicated in paragraph following.


 


When the kidnapping falls on movable property of the obligee, these will be deposited at the order of the Court. In this case, the custodian will preferably be a legally constituted warehouse, which assumes the quality of depositary, with the civil and criminal responsibilities provided by law. Likewise, he is obliged to present the goods within the day following the summons of the Judge, without being able to invoke the right of retention.


 


In the case of money, jewels, precious stones and metals or other similar goods, they will be deposited in the Banco de la Nación.


 


Article 650.- Seizure of property without registration or registered in the name of a third person


In the case of non-registered property, the affectation may be limited to the property itself, excluding its fruits, and the obligor himself must necessarily be named as the depositary. This affectation does not oblige you to pay rent, but you must keep immediate possession.


 


In this case, the Judge at the request of the party, will order the registration of the property, only for the purpose of recording the precautionary measure.


 


Also in case it is proven, in a reliable way that the property belongs to the debtor and is registered in the name of another; the person who appears as the owner in the registry must be notified with the precautionary measure; the measure will be recorded in the respective game; the auction will take place once the successive registry tract has been regularized.


 


Article 651.- Seizure of goods within a production or trade unit


Movable property that is inside a factory or trade can be seized when these, in isolation, do not affect the production or trade process.


 


Article 652.- Seizure of credit titles


When securities or credit documents are affected in general, these will be delivered to the custodian making the respective annotation in the document, together with a certified copy of their designation and the seizure act, in order to represent their holder. The custodian is obliged to all kinds of procedures and actions that tend to prevent the title from being damaged and to immediately deposit the money obtained at the order of the Court.


 


Article 653.- Search in the seizure in deposit or in the kidnapping


If at the time of the execution of the measure the concealment of affected assets is noticed, or if they are manifestly insufficient to cover their amount, the jurisdictional Assistant may, at the request of the party, search in the environments that it indicates, without falling into excesses or causing unnecessary damage. It can even, taking into account fully justified circumstances, proceed to search the person of the affected person, respecting their decorum.


 


Article 654.- Remuneration of the custodian


The custodian, before accepting the order, must propose the amount of the remuneration for his service, estimated per day, week or month, depending on the circumstances, which will be taken into account by the Judge when indicating the remuneration.


 


The Banco de la Nación is excepted when it comes to the money for which it must pay legal interest in accordance with the legal provisions on the matter.


 


Article 655.- Obligations of the depositary and the custodian


The judicial aid bodies are in the duty of keeping the goods in deposit or custody in the same state in which they receive them, in the premises designated for it, at the order of the Court and with permanent access for observation by the parties and overseer. , if there is. Likewise, they will immediately report to the Judge any fact that may mean alteration of the objects in deposit or sequestration and those that regulate other provisions, under civil and criminal responsibility.


 


Article 656.- Embargo in the form of registration


In the case of registered assets, the measure can be executed by registering the amount of the affectation, provided that it is compatible with the property title already registered. This embargo does not prevent the sale of the property, but the successor assumes the burden up to the registered amount. The registration certification of the registration is added to the file.


 


Article 657.- Garnishment in the form of withholding


When the measure falls on credit rights or other assets in possession of third parties, whose owner is the person affected with it, the holder may be ordered to withhold the payment at the order of the Court, depositing the money in the Banco de la Nación. In the case of other assets, the retainer assumes the obligations and responsibilities of the depositary, unless they are made available to the Judge.


 


If the holder of the credit rights is a financial institution, the Judge will order the retention by sending the mandate via email, blocking the measure immediately or exceptionally by any other reliable means that records its decision.


 


For this purpose, all Financial Entities must notify the Superintendency of Banking and Insurance the electronic address to which the judicial withholding order will be sent.


 


Article 658.- Execution of withholding


The intervening Secretary will sign the seizure act in the presence of the withholding agent, to whom he will leave the corresponding notification card, stating the said said about the possession of the goods and other relevant data. If you refuse to sign, you will record your refusal.


 


Article 659.- False declaration of the withholder


If the individual for the retention falsely denies the existence of credits or assets, he will be obliged to pay the value of these at the expiration of the obligation, without prejudice to the criminal liability that may arise.


 


Article 660.- Double payment


If the retainer, in breach of the order to retain, pays the affected party directly, he / she will be obliged to make a new payment at the order of the Court. Against this decision there is an appeal without suspensive effect.


 


Article 661.- Embargo in the form of intervention in collection


When the measure affects a company of a natural or legal person in order to seize its own income, the Judge will designate one or more collecting auditors, as the case may be, to directly collect the income of that one.


 


The provision of the previous paragraph is also applicable to non-profit legal entities.


 


The precautionary resolution must specify the name of the controller and the periodicity of the reports that must be sent to the Judge.


 


Article 662.- Obligations of the collecting auditor


The judicial aid body is obliged to:


 


1.- Verify the operation and conservation of the intervened, without interfering or interrupting their own work;


 


2.- Keep track of income and expenses;


 


3.- Provide, from the funds it collects, what is necessary for the regular and ordinary activity of the intervened;


 


4.- Make the amounts collected available to the Judge within a third day, consigning them to his order in the Banco de la Nación. At his own request or on behalf of a party, the Judge may modify the term to record; and


 


5.- Inform, within the terms indicated by the Court, the regular development of the intervention, especially the events referred to in sections 1., 2. and 3. of this article.


 


Article 663.- Special obligation


The collecting auditor must report, immediately, on aspects that he considers detrimental or inconvenient to the interests of the person who has obtained the precautionary measure, among them the lack of income and the resistance and intentional obstruction that hinders or prevents his performance.


 


Article 664.- Conversion of the collection to kidnapping


If the interested party considers that the intervention is unproductive, they can request the Judge to close the business and convert the embargo from intervention to kidnapping. The Judge will resolve prior transfer to the affected party for a period of three days, and taking into account the report of the auditor and the overseer, if any. An appeal with suspensive effect is required against the resolution issued.


 


Article 665.- Embargo in the form of intervention in information


When it is requested to collect information on the economic movement of a company of a natural or legal person, the Judge will appoint one or more informant auditors, indicating the period during which they must directly verify the economic situation of the affected business and the dates on which they will inform the Judge .


 


Article 666.- Obligations of the reporting auditor


The informant is obliged:


 


1.- Inform the Judge in writing, on the dates indicated by the latter, regarding the verifications on the economic movement of the intervened company, as well as other matters that are of interest to the controversial matter; and


 


2.- Immediately report to the Judge on the facts that it considers harmful to the holder of the precautionary measure, or that obstruct the exercise of the intervention.


 


Article 667.- Execution of the intervention


The intervening Secretary shall draw up the seizure act in the presence of the affected party, notifying it with the respective order. Likewise, it will express the form and scope of the measure, the powers of the auditor and the obligation to meet its requirements within the limits established by the Court. The minutes will include an inventory of the assets and files. The respondent may record his observations regarding the measure. If he refuses to sign, the Secretary will record his refusal.


 


Article 668.- Responsibility in the intervention


They are civilly and criminally liable:


 


1.- The collecting auditor for the money he collects, assimilating himself to the depositary for these purposes;


 


2.- The reporting auditor for the veracity of the information he offers;


 


3.- The intervened due to their attitude of resistance, obstruction or violence.


 


Article 669.- Seizure in the form of administration of assets


When the measure falls on fruitful assets, they can be affected in administration in order to collect the fruits they produce.


 


Article 670.- Conversion of the collection to administration of a production or trade unit


At the well-founded request of the holder of the measure, the intervention in collection can be converted into intervention in administration. The Judge will resolve the request, after transferring the affected party for three days and taking into account what is expressed by the overseer, if any. In this case, the administrator or administrators, as appropriate, assume the representation and management of the company, according to the law of the matter. Against this decision there is an appeal with suspensive effect.


 


Article 671.- Obligations of the administrator


The administrator is obliged, as appropriate to the asset or company, to:


 


1.- Manage the seized company, subject to its corporate purpose;


 


2.- Carry out ordinary expenses and conservation expenses;


 


3.- Comply with the corresponding labor obligations;


 


4.- Pay taxes and other legal obligations;


 


5.- Formulate the balances and sworn statements provided by law;


 


6.- Provide the Judge with the information that he requires, adding the observations on his management;


 


7.- Make the profits or fruits obtained available to the Court; and


 


8.- The others indicated by this Code and by law.


 


Article 672.- Execution of the conversion to administration


The intervening Secretary will draw up the conversion certificate in the presence of the affected party, notifying it with the respective order. Likewise, it will express the form and scope of the new measure, and will put the administrator in possession of the position. The minutes will include a new inventory of the assets and files existing at the time of execution. If the intervened party refuses to sign, he will record his refusal.


 


When the judicial aid body assumes the position, the directive and executive bodies of the intervened company automatically cease to function.


 


Article 673.- Annotation of demand in the Public Registries


When the claim discussed in the main process refers to registered rights, the precautionary measure may consist of the annotation of the claim in the respective registry. For its execution, the Judge will send parts to the registrar, which will include a complete copy of the claim, the resolution that admits it and the precautionary one.


 


The registrar will comply with the order by its own text, provided that the measure is compatible with the right already registered. The registration certification of the registration is added to the file.


 


The annotation of the claim does not prevent the transfer of the property or subsequent effects, but gives prevalence to whoever has obtained this measure.


 


Subchapter 2: Temporary measures on the merits


Article 674.- Temporary measure on the merits


Exceptionally, due to the urgent need of the person requesting it, due to the firmness of the basis of the claim and the evidence provided, the measure may consist of the anticipated execution of what the Judge is going to decide in the sentence, either in its entirety or only in substantial aspects of this, provided that the effects of the decision can be reversed and do not affect the public interest.


 


Article 675. Advance allocation of food


In the process on the provision of alimony, the advance allocation of alimony is applicable when it is required by the ascendants, by the spouse, by minor children with an indubitable family relationship or by children of legal age in accordance with the provisions of articles 424 , 473 and 483 of the Civil Code.


 


In the cases of minor children with an indubitable family relationship, the judge must grant an early assignment measure, acting ex officio, if the resolution that admits the claim has not been required within three days of being notified.


 


The judge indicates the amount of the assignment that the obligor will pay in advance monthly payments, which will be deducted from the one established in the final judgment.


 


Article 676.- Early assignment and unfavorable judgment


If the sentence is unfavorable to the plaintiff, he is obliged to return the amount received and the legal interest, which will be settled by the Clerk of Court, if necessary applying the provisions of Article 567. The decision of the Judge may be contested. The appeal is granted with suspensive effect.


 


Article 677.- Early execution and immediate cessation of harmful acts in family matters and interests of minors


When the main claim deals with separation, divorce, parental authority, visitation regime, surrender of a minor, guardianship and conservatorship, the anticipated execution of the future final decision proceeds, preferably attending to the interest of the minors affected by it.


 


If during the processing of the process there are acts of physical violence, psychological pressure, intimidation or persecution of the spouse, partner, children or any member of the family nucleus, the Judge must adopt the necessary measures for the immediate cessation of the harmful acts, without prejudice of the provisions of Article 53.


 


Article 678.- Advance execution in the administration of assets


In the processes on the appointment and removal of property managers, the anticipated execution of the future final decision proceeds in order to avoid irreparable damage.


 


Article 679.- Early execution in eviction


In eviction processes due to expiration of the contract term or by other title that requires delivery, the anticipated execution of the future final decision proceeds, when the plaintiff indubitably proves the right to the intended restitution and the abandonment of the property.


 


Article 680.- Administration of marital property in cases of separation or divorce


At any stage of the process, the Judge may authorize, at the request of either spouse, to live in separate homes, as well as the direct administration by each of them of the assets that make up the conjugal partnership.


 


Article 681.- Anticipated execution in the injunction to recover


In the injunction to recover, the anticipated execution of the final decision proceeds when the plaintiff credibly proves the dispossession and his right to the intended restitution.


 


Subchapter 3: Innovative Measures


Article 682.- Innovative Measure


Faced with the imminence of irreparable damage, the Judge may dictate measures intended to restore a state of fact or law whose alteration is going to be or is the basis of the claim. This measure is exceptional so it will only be granted when another provided for in the law is not applicable.


 


Article 683.- Interdiction


The Judge, at the request of a party, or exceptionally ex officio, may dictate in the interdiction process the precautionary measure required by the nature and scope of the situation presented.


 


Article 684.- Possession precaution


When the lawsuit seeks the demolition of a work in progress that damages the property or possession of the plaintiff, the Judge may order the stoppage of the building works. Likewise, it can order the security measures aimed at avoiding the damage that could be caused by the fall of a ruined or unstable property.


 


Article 685.- Abuse of right


When the lawsuit deals with the abusive exercise of a right, the judge may dictate the necessary measures to avoid the consummation of irreparable damage.


 


Article 686.- Right to privacy, image and voice


When the claim seeks the recognition or restoration of the right to privacy of personal or family life, as well as the preservation and due use of the image or voice of a person, the Judge may dictate the measure required by the nature and circumstances of the situation presented.


 


Subchapter 4: Measure not to innovate


Article 687.- Prohibition to innovate


Faced with the imminence of irreparable damage, the Judge may dictate measures aimed at preserving the factual or legal situation whose situation is going to be or is invoked in the claim and, is in relation to the people and property included in the process. This measure is exceptional, so it will be granted only when another measure provided for by law does not apply.


 


TITLE V: SINGLE EXECUTION PROCESS


Chapter I: General Provisions


Article 688.- Executive titles


Execution can only be promoted by virtue of executive titles of a judicial or extrajudicial nature as the case may be. The following are executive titles:


 


1.- The final judicial resolutions;


 


2.- The final arbitration awards;


 


3.- The Conciliation Acts according to law;


 


4.- The Securities that confer the exchange action, duly protested or with the proof of the substitute formality of the respective protest; or, where appropriate, regardless of said protest or record, in accordance with the provisions of the law on the matter;


 


5.- The proof of registration and ownership issued by the Securities Clearing and Settlement Institution, in the case of securities represented by annotation into account, for the rights that give rise to the exercise of the exchange action, in accordance with the provisions of the law of matter;


 


6.- The advance proof that contains a recognized private document;


 


7.- The certified copy of the Advance Evidence that contains an acquittal of positions, express or fictional;


 


8.- The private document that contains an out-of-court transaction;


 


9.- The unpaid rental income document, provided that the contractual relationship is instrumentally proven;


 


10.- The public deed testimony;


 


11.- Other titles to which the law gives executive merit.


 


Article 689.- Common requirements


Execution proceeds when the obligation contained in the title is true, express and enforceable. When the obligation is to give a sum of money, it must also be liquid or liquidable by arithmetic operation.


 


Article 690.- Legitimation and third party right


They are entitled to promote execution who in the executive title has recognized a right in their favor; against the one who in the same has the status of obligated and, where appropriate, the constituent of the guarantee of the affected property, as a necessary consort litis.


 


When the execution may affect the right of a third party, the latter must be notified with the execution mandate. The intervention of the third party shall be subject to the provisions of Article 101. If the domicile of the third party is unknown, proceed in accordance with the provisions of Article 435.


 


Article 690-A.- Demand


The application is accompanied by the executive title, in addition to the requirements and annexes provided for in Articles 424 and 425, and those specified in the special provisions.


 


Article 690-B.- Jurisdiction


The Civil Judge and the Lawyer of Peace are competent to hear processes with an executive title of an extrajudicial nature. The Legal Justice of the Peace is competent when the amount of the claim is not greater than one hundred Procedural Reference Units. Claims that exceed said amount are the responsibility of the Civil Judge.


 


The Judge of the claim is competent to hear the processes with an executive title of a judicial nature.


 


It is competent to know the processes of execution with constituted guarantee, the Civil Judge.


 


Article 690-C.- Executive Mandate


The executive mandate will provide for the fulfillment of the obligation contained in the title; under warning of initiating the forced execution, with the particularities indicated in the special provisions. In case of non-patrimonial demands, the Judge must adapt the warning.


 


Article 690-D.- Contradiction


Within five days of the notification of the executive order, the person executed may contradict the execution and propose procedural exceptions or prior defenses.


 


In the same writing the pertinent means of proof will be presented; otherwise, the order will be declared inadmissible. Only the declaration of the party, the documents and the expertise are admissible.


 


The contradiction can only be founded according to the nature of the title in:


 


1.- Unenforceability or illiquidity of the obligation contained in the title;


 


2.- Formal nullity or falsification of the title; or, when this being an incompletely issued security, it has been completed in a manner contrary to the resolutions adopted, in this case the law of the matter must be observed;


 


3.- The extinction of the required obligation;


 


When the mandate is supported by an executive title of a judicial nature, a contradiction may only be formulated, within the third day, if compliance with the order or the extinction of the obligation is alleged, which is accredited with instrumental evidence.


 


The contradiction that is sustained in other causes will be rejected liminarily by the Judge, this decision being appealable without suspensive effect.


 


Article 690-E.- Procedure


If there is contradiction and / or procedural exceptions or previous defenses, transfer is granted to the executor, who must absolve it within three days proposing the pertinent evidentiary means. With or without the acquittal, the judge will resolve by means of an order, observing the rules for procedural sanitation, and ruling on the proposed contradiction.


 


When the performance of the evidentiary means requires it or the Judge deems it necessary, it will designate the day and time for the holding of a hearing, which will be carried out with the rules established for the single hearing.


 


If no contradiction is formulated, the Judge will issue an order without further formality, ordering to carry out the execution.


 


Article 690 -F.- Denial of execution


If the enforceable title does not meet the formal requirements, the judge will deny the execution. The refusal order will only be notified to the executed person if it is consented or executed.


 


Article 691.- Writ and appeal


The deadline for filing an appeal against the order, which resolves the contradiction, is three days from the day following its notification. The order that resolves the contradiction, putting an end to the single execution process is appealable with suspensive effect.


 


In all cases that this Title grants an appeal with suspensive effect, the procedure provided for in Article 376 is applicable. If the appeal is granted without suspensive effect, it will have the quality of deferred, with Article 369 being applicable in relation to to its processing.


 


Article 692.- Precautionary limitation


When a pledge, mortgage or antichresis has been constituted in favor of the executor as guarantee of his credit, he may not be safeguarded with other assets of the debtor, unless the value of the encumbered assets do not cover the amount owed for capital, interest, costs and costs, or for other reasons duly accredited by the performer and admitted by the Judge in an uncontested decision.


 


Article 692-A.- Appointment of free property and procedure of declaration of delinquent judicial debtor


If upon issuance of the order that resolves the contradiction and orders to carry out the execution in the first instance, the executor is unaware of the existence of property owned by the debtor, he will request that the debtor be required to indicate one or more free assets within the fifth day of lien or partially encumbered assets, for the purpose that, with its realization, the payment mandate is fulfilled, under warning established by the judge, of declaring it a delinquent judicial debtor and registering said status in the Registry of Delinquent Judicial Debtors, at the request of the executor .


 


The warning contained in this article will also be applicable in the procedural stage of forced execution of a sentence derived from a process of knowledge, abbreviated or summary.


 


CHAPTER II: Single Execution Process


Subchapter I: Special Provisions


Article 693.- Repealed


Article 694 .– Admissibility


The following obligations can be sued:


 


1.- Give;


 


2.- Do; and,


 


3.- Do not.


 


Article 695.- Execution of obligation to give sum of money.


The demand with an executive title for the fulfillment of an obligation to give a sum of money will be given the procedure foreseen in the General Provisions.


 


Article 696.- Repealed.


Article 697.- Repealed.


Article 698.- Repealed.


Article 699.- Repealed.


Article 700.- Repealed.


Article 701.- Repealed.


Article 702.- Repealed.


Article 703.- Repealed.


Subchapter 3: Execution of the obligation to give determined personal property


Article 704.- Origin


If the executive title contains an obligation to give certain personal property, the process will be processed in accordance with the general provisions, with the modifications of this Subchapter. The demand shall indicate the approximate value of the good whose delivery is demanded.


 


Article 705.- Executive Mandate


The executive mandate contains:


 


1.- The summons to the executed person to deliver the property within the term set by the Judge, taking into account the nature of the obligation, under warning of forced delivery; and if the delivery is not made due to destruction, deterioration, theft or concealment attributable to the obligor, it will be required to pay its value, if it was sued.


 


2.- The authorization for the intervention of the public force in case of resistance.


 


Article 705-A.- Execution of the obligation


Once the cost of the asset whose delivery obligation has been demanded has been determined, either by the appraisal presented by the executor or by an expertise ordered by the Judge, the execution will continue within the same process, in accordance with the provisions of the obligations to give the sum of money.


 


Subchapter 4: Execution of obligation to do


Article 706.- Origin


If the executive title contains an obligation to do so, the process is processed in accordance with the provisions of the general provisions, with the modifications of this Subchapter.


 


The claim shall indicate the approximate value that the fulfillment of the obligation represents; as well as the person who, in case of refusal of the executed and when the nature of the provision allows it, is in charge of complying with it.


 


Article 707.- Executive Mandate


The executive mandate contains the summons to the executed person to comply with the provision within the term set by the Judge, taking into account the nature of the obligation, under the warning of being carried out by the third party that the Judge determines, if it was sued.


 


In case of non-compliance, the warning will be effective.


 


Article 708.- Execution of the obligation, by a third party


Once the person who is going to carry out the work has been designated and its cost determined, either by the budget presented by the executor or by an expertise ordered by the Judge, the execution will continue within the same process, in accordance with the provisions of the obligations to give sum of money.


 


Article 709.- Obligation to Formalize


When the title contains an obligation to formalize a document, the Judge will order the executed person to fulfill his obligation within a period of three days.


 


Once the term has expired without a contradiction being formulated or it being resolved, declaring it unfounded, the Judge will order the executed person to comply with the executive mandate, under warning of doing so on his behalf.


 


Subchapter 5: Execution of Obligations not to do


Article 710.- Origin


If the executive title contains an obligation not to do, the process will be processed in accordance with the provisions of the general provisions.


 


Article 711.- Executive Mandate


The executive mandate contains the summons to the executed person to undo what was done within ten days and, if applicable, refrain from continuing to do so, under the warning of forcibly undoing it at their own expense.


 


Once the term has expired, the Judge will make the warning effective.


 


Article 712.- Execution of the obligation by a third party


Once the person who is going to undo what has been done and its cost determined, either by the budget presented by the executor or by an expertise ordered by the Judge, the execution will continue within the same process, in accordance with the provisions of the obligations to give sum of money.


 


Chapter III: Execution of judicial decisions


Article 713.- Repealed.


Article 714.- Repealed.


Article 715.- Execution Mandate


If the execution mandate contains a non-equity requirement, the Judge must adapt the warning to the specific purposes of compliance with the resolution.


 


Once the term established in the general provisions has been fulfilled, if there is a precautionary notebook containing any measure granted, it will be added to the main one and the refoliation will be ordered in order to be executed. Otherwise, at the request of a party, the appropriate enforcement measures will be ordered for the claim protected.


 


Article 716.- Execution of liquid sum


If the execution title condemns the payment of liquid amount or there is an approved liquidation, execution measures will be granted at the request of the party in accordance with the Subchapter on precautionary measures for future forced execution. If it had already been well guarded, judicially or extrajudicially, it will proceed in accordance with Chapter V of this Title.


 


Article 717.- Execution of illiquid sum


If the execution title condemns the payment of an illiquid amount, the winner must accompany the liquidation carried out following the criteria established in the title or, failing that, those established by law.


 


The liquidation contained in the execution mandate can be observed within a third day, after which the Judge will decide whether or not to approve it, in a duly substantiated decision.


 


Article 718.- Repealed.


Article 719.- Foreign judicial and arbitration resolutions


Foreign judicial and arbitration resolutions, recognized by national courts, will be executed following the procedure established in this Chapter, without prejudice to the special provisions contained in the General Arbitration Law.


 


Article 720.- Origin


1.- The execution of real guarantees proceeds, provided that their constitution complies with the formalities that the law prescribes and the guaranteed obligation is contained in the same document or in any other executive title.


 


2.- The executor will attach to his claim the document containing the guarantee, and the account statement of the debit balance.


 


3.- If the asset is real estate, a document containing an updated commercial appraisal must be submitted by two registered engineers and / or architects, as appropriate, with their legalized signatures. If the property is movable, similar appraisal documents must be submitted, which, taking into account the nature of the property, must be carried out by two specialized experts, with their legalized signatures.


 


4.-The presentation of a new appraisal will not be necessary if the parties have agreed on the updated value of the same.


 


5.- In the case of a registered asset, the respective lien certificate will be attached.


 


The resolution that declares the claim inadmissible or inadmissible is appealable with suspensive effect and the executed person will only be notified when it is consented or enforceable.


 


In the executive mandate, the debtor, the guarantor and the owner of the property must be notified in the event of being persons other than the debtor.


 


Article 721.- Execution mandate


Once the demand is admitted, the execution order will be notified to the executed person, ordering him to pay the debt within three days, under warning of proceeding to auction the asset given as collateral.


 


Article 722.- Contradiction


The executed party, within the same period that he has to pay, may contradict according to the general provisions


 


Article 723.- Auction Order


Once the period has elapsed without the obligation having been paid or the contradiction declared unfounded, the Judge, without prior proceeding, will order the auction of the goods given as collateral.


 


Article 724.- Debtor balance


When it is proven that the asset given as collateral did not cover the entire debit balance, the execution will continue within the same or different process.


 


Chapter V: Forced Execution


Subchapter 1: General Provisions


Article 725.- Forms


The forced execution of the affected assets is carried out in the following ways:


 


1.- Auction; and


 


2.- Award.


 


Article 726.- Intervention of another creditor


A non-performing creditor who has the same asset affected, can intervene in the process before its forced execution. Your rights depend on the nature and status of your credit.


 


If your intervention is later, you are only entitled to the remainder, if any.


 


Article 727.- Conclusion of the forced execution


Forced execution concludes when full payment is made to the executor with the proceeds of the auction or with the award, or if before the executed pays the obligation and interest demanded in full and the costs and costs of the process.


 


Subchapter 2: Finishing


Article 728.- Appraisal


Once the judicial resolution that orders to carry out the execution is signed, the Judge will order the appraisal of the assets to be auctioned.


 


The car that orders the appraisal contains:


 


1.- The appointment of two experts; and


 


2.- The term within which, after their acceptance, they must present their opinion, under warning of subrogation and a fine, which will not be greater than four Procedural Reference Units.


 


Article 729.- Conventional appraisal


The appraisal is not necessary if the parties have agreed on the value of the property or its special value in the case of forced execution. However, the judge may, ex officio or at the request of a party, order the appraisal if he considers that the agreed value is out of date. Your decision is unassailable.


 


Nor is an appraisal necessary when the affected asset is money or is listed on the stock market or equivalent. In the latter case, the Judge will appoint a stockbroker or broker to sell them.


 


Article 730.- Observation and approval


The appraisal will be made known to the interested parties for three days, a period in which they can make observations. After the deadline, the judge approves or disapproves the appraisal. If he disapproves of it, he will order it to be carried out again, choosing between the same experts or others.


 


The car that disapproves of the appraisal is unchallenged.


 


Article 731.- Call


Once the appraisal has been approved or if it is unnecessary, the Judge will call an auction. The auction or auction of movable and immovable property is carried out through the Electronic Judicial Auction (REM @ JU) if there is no opposition from any of the parties or legitimate third parties, if applicable, in accordance with the special law on the matter.


 


In all other cases, the public auction is carried out by a skilled public auctioneer.


 


Exceptionally, and in the absence of a skilled public auctioneer in the locality where the auction is called, the judge may carry out the auction of property or furniture, setting the place of its realization. If the movable property is outside its territorial jurisdiction, it can commission the local property for that purpose.


 


Article 732.- Remuneration of the auctioneer


The Judge will set the fees of the Public Auctioneer in accordance with the fee established in the regulations of the Public Auctioneer Law. In the case of auctioning the good, they will be borne by the buyer of the good.


 


Notwithstanding the foregoing, the Judge may regulate its scope according to its participation and / or intervention in the auction of the property and other incidents of the execution, in accordance with Title XV of this Code.


 


Article 733.- Advertising


The call is announced in the newspaper in charge of the publication of the judicial notices of the place of the auction, for three days in the case of furniture and six if they are real estate. This will be done through a mandate from the Judge who will communicate by electronic notification to said newspaper for the respective publication or exceptionally by any other reliable means that records his decision.


 


If the assets are outside the territorial jurisdiction of the Execution Judge, the publication will also be made in the newspaper in charge of publishing the judicial notices of the town where they are located. In the absence of a newspaper, the call will be published through any other means of public notice, for the same time.


 


In addition to the publication of the announcement, notices of the auction must be placed, in the case of property, in a visible part of it, as well as in the premises of the Court, under the responsibility of the Court Clerk.


 


The publicity of the auction cannot be omitted, even if the executed person resigns, under penalty of nullity.


 


Article 734.- Content of the notice


The auction notices state:


 


1.- The names of the parties and legitimate third parties;


 


2.- The asset to be auctioned and, if possible, its description and characteristics;


 


3.- The effects of the property;


 


4.- The appraisal value and the base price;


 


5.- The place, day and time of the auction;


 


6.- The name of the official who will carry out the auction;


 


7.- The percentage that must be deposited to participate in the auction; and


 


8.- The name of the Judge and the Clerk of Court, and their signature.


 


Article 735.- Requirement to be a bidder


Only those who, before the auction, have deposited, in cash or cashier's check drawn up in their name, an amount not less than ten percent of the appraised value of the good or the goods, depending on their interest, will be admitted as a bidder. The performer or the legitimate third party is not obliged to make this deposit. Non-winning bidders will be returned the full amount deposited at the end of the auction.


 


The executed person cannot be a bidder in the auction.


 


Article 736.- Common rules for auction


In the act of auction, the following rules will be observed:


 


1.- The basis of the bid will be the equivalent of two thirds of the appraised value, not admitting a lower offer;


 


2.- When the auction comprises more than one good, the one who offers to acquire them jointly should be preferred, provided that the price is not less than the sum of the individual offers; and


 


3.- When more than one good is auctioned, the act will be considered concluded, under responsibility, when the product of what has already been auctioned, is sufficient to pay all the obligations required in the execution and the costs and costs of the process.


 


Article 737.- Auction act


The act begins at the appointed time with the reading of the list of assets and conditions of the auction, continuing with the official announcement of the bids as they are made. The official will award the good to the one who has made the highest bid, after a double announcement of the price reached without a better one being made, with which the auction of the good is concluded.


 


Article 738.- Minutes of auction


Once the auction is completed, the Clerk of the Court or the auctioneer, as the case may be, will issue the minutes of the auction, which will contain:


 


1.- Place, date and time of the act;


 


2.- Name of the performer, the legitimized third party and the executed;


 


3.- Name of the bidder and the bids made;


 


4.- Name of the successful tenderer; and


 


5.- The amount obtained.


 


The minutes will be signed by the Judge, or, where appropriate, by the auctioneer, by the Clerk of the Court, by the successful bidder and by the parties, if they are present.


 


The auction record will be added to the file.


 


Article 739.- Transfer of property and destination of the money obtained


In the real estate auction, the judge will order, before closing the minutes, that the successful bidder deposit the balance of the price within the third day.


 


Once the price has been deposited, the Judge transfers the property of the property by means of an order that will contain:


 


1.- The description of the property;


 


2.- The order that nullifies any tax that weighs on it, except for the precautionary measure of annotation of demand; The charges or rights of use and / or enjoyment, which have been registered after the seizure or mortgage, will also be canceled.


 


3.- The order to the executed or judicial administrator to deliver the property to the successful tenderer within ten days, under notice of launch. This order is also applicable to the third party who was notified with the executive or execution mandate; and


 


4.- That judicial parts be issued for their registration in the respective registry, which will contain the transcription of the auction act and the award order. "


 


Article 740.- Transfer of furniture and destination of the money obtained


 


In the furniture auction, payment is made in said act, and the property must be delivered immediately to the successful bidder.


 


The amount of the auction will be deposited in the Banco de la Nación, at the order of the Court, no later than the day after it was carried out, under responsibility.


 


In the case of registered personal property, the provisions of Article 739 will be applied where pertinent.


 


Article 741.- Breach of the successful bidder


If the balance of the auction price of the property is not deposited within the legal term, the Judge will declare the auction invalid and will summon a new one.


 


In this case, the successful bidder loses the deposited sum, which will serve to cover the costs of the frustrated auction and the difference, if any, will be the income of the Judiciary as a fine.


 


The right of the creditor to claim the payment of the damages and losses that have been caused is safe.


 


The successful bidder is prevented from participating in the new auction that is called.


 


Article 742.- Second Call


If no bidders are presented in the first call, a second call is called in which the base of the bid is reduced by fifteen percent.


 


If no bidders are presented in the second call, a third is called, reducing the base by an additional fifteen percent.


 


If in the third call there are no bidders, at the request of the executor the property may be awarded directly, for the base price of the bid that served for the last call, paying the excess over the value of its credit, if any.


 


If the executor does not request its award within ten days, the Judge, without lifting the embargo, will order a new appraisal and auction under the same rules.


 


The second and third call will be announced only for three days, if it is real property and for one day if the property is movable.


 


Article 743.- Nullity of the auction


Notwithstanding the provisions of Article 741, the nullity of the auction only proceeds due to its formal aspects and is filed within the third day of the act. The nullity of the auction can not be sustained in the provisions of the Civil Code regarding the invalidity and ineffectiveness of the legal act.


 


Subchapter 3: Award


Article 744.- Award in Payment


If the successful bidder does not deposit the excess within the third day of notification of the settlement provided for in Article 746, the award is without effect.


 


Once the excess has been deposited, the movable property will be delivered to the successful bidder and if it is a property, it will issue the adjudication order in accordance with the provisions of Article 739.


 


Article 745.- Concurrence of successful bidders


If there are several interested in being awarded, the award will proceed only if there is an agreement between them.


 


Subchapter 4: Payment


Article 746.- Liquidation


When arranging the payment to the executor, the Judge will order the Clerk of the Court to liquidate the interests, costs and costs of the process, within the period established, under responsibility for the delay.


 


The settlement is observable within the third day, and must be proposed in detail. Once the transfer of the observation is acquitted or in default, it will be resolved by approving or modifying it and requiring its payment.


 


Article 747.- Payment to the performer


If the asset that ensures the execution is money, it will be delivered to the executor after the settlement is approved.


 


If there are several performers with different rights, the proceeds of the auction will be distributed according to their respective right. This will be established by the Judge in a car that can be observed within a third day. If after the distribution there is a remainder, it will be delivered to the executed.


 


Article 748.- Concurrence of creditors


If several creditors concur without any of them having a preferential right and the debtor's assets do not cover all the obligations, the payment will be made pro rata.


 


Likewise, the payment will be made pro rata, once the creditor with preferential right has been paid.


 


 


SECTION SIX: NON-CONTENTIOUS PROCESSES


TITLE I: GENERAL PROVISIONS


Article 749.- Procedure


The following matters are processed in a non-contentious process:


 


1.- Inventory;


 


2.- Judicial administration of assets;


 


3.- Adoption;


 


4.- Authorization to dispose of incapacitated rights;


 


5.- Declaration of disappearance, absence or presumed death;


 


6.- Family heritage;


 


7.- Offer of payment and consignment;


 


8.- Proof of will;


 


9.- Registration and correction of departure;


 


10.- Intestate succession;


 


11.- Recognition of judicial decisions and awards issued abroad.


 


12.- Applications that, at the request of the interested party and by decision of the Judge, lack containment; and


 


13.- The designation of supports for people with disabilities.


 


14.- Those that the law indicates.


 


Article 750.- Competition


They are competent to hear the non-contentious processes, the Civil Judges and those of Peace Lawyers, except in cases in which the law attributes their knowledge to other jurisdictional bodies or to Notaries.


 


In the non-contentious process, competition is inapplicable by reason of shift.


 


The jurisdiction of the Law Courts of the Peace is exclusive for the processes of registration of items and for those that contain in the application an equity estimate of no more than fifty procedural reference units. The processes of rectification of games may be aired before the Law Courts of the Peace or before a Notary Public.


 


Article 751.- Requirements and annexes of the application


The request must meet the requirements and annexes provided for the claim in Articles 424 and 425.


 


Article 752.- Inadmissibility or inadmissibility


The provisions of Article 551 apply to this process.


 


Article 753.- Contradiction.


The summons with the request can formulate a contradiction within five days of being notified with the admissible resolution, attaching the evidentiary means, which will be acted upon in the hearing provided for in Article 754.


 


Article 754.- Procedure


Once the request is admitted, the Judge sets the date for the hearing of the judicial action and declaration, which must be held within the following fifteen days, under responsibility, except as provided in Article 758.


 


If there is a contradiction, the Judge will order the performance of the evidence that supports it. Then, if requested, he will grant the opponent or his attorney five minutes to support it orally, proceeding to resolve it. Exceptionally, you can reserve your decision for a period that will not exceed three days from the conclusion of the hearing.


 


If there is no contradiction, the Judge will order the evidence attached to the request to act.


 


Once the procedure is concluded, it will order the delivery of a certified copy of the action to the interested party, keeping the original in the file of the Court, or will issue the corresponding resolution, if it is the case, being this unquestionable.


 


Article 755.- Origin of the appeal


The resolution that resolves the contradiction is appealable only during the hearing. The one that declares it founded is appealable with suspensive effect, and the one that declares it unfounded, is appealable without suspensive effect and with the quality of deferred. If the contradiction had been resolved outside the hearing, it is appealable within the third day of notification.


 


The resolution that ends the process is appealable with suspensive effect.


 


Article 756.- Processing of the appeal with suspensive effect


Declared founded the contradiction the process will be suspended. In the rest, the provisions of Article 376 shall apply. This last procedure also applies to the appeal of the final resolution.


 


Article 757.- Processing of the appeal without suspensive effect


The processing of this appeal is subject to the provisions of Article 369.


 


Article 758.- Special terms of the location


For the cases provided for in the third paragraph of Article 435, the terms are fifteen and thirty days, respectively.


 


Article 759.- Intervention of the Public Ministry


When reference is made to the Public Ministry in the processes regulated in the following TITLE, it will be notified with the resolutions issued in each process, for the purposes of Article 250, paragraph 2. of the Constitution. It does not issue an opinion.


 


Article 760.- Supplementary regulation


The Hearing of action and judicial declaration is regulated, additionally, by the provisions of this Code for the hearing of evidence.


 


Article 761.- Inappropriateness


The following are inappropriate:


 


1.- The challenge of the Judge and the Clerk of the Court;


 


2.- The exceptions and the previous defenses;


 


3.- The evidentiary questions whose means of proof are not susceptible of immediate action;


 


4.- The counterclaim;


 


5.- The offer of evidence in the second instance; and


 


6.- The provisions contained in Articles 428 and 429.


 


Article 762.- Execution


The final resolutions that require registration will be executed by means of an official letter or parts signed by the Judge, as appropriate.


 


TITLE II: SPECIAL PROVISIONS


Subchapter 1: Inventory


Article 763.- Origin


When prescribed by law or their need is supported, any interested party may request an inventory faction in order to identify and establish the existence of the assets that they intend to insure.


 


Article 764.- Inventory hearing


The inventory hearing will be held in the place, day and time indicated, with the intervention of the interested parties who attend. In the minutes, the goods found in the place, their condition, the characteristics that allow them to be individualized will be described in an orderly manner, without qualifying the property or its legal situation, leaving a record of the observations and challenges that are formulated.


 


Article 765.- Inclusion of goods


Any interested party can request the inclusion of goods not indicated in the initial inventory request, proving the respective title. The deadline for requesting inclusion expires on the day of the hearing and it will be resolved at the hearing.


 


Article 766.- Exclusion of goods


Any interested party can request the exclusion of assets that are intended to be insured, proving the title with which it is requested. Exclusion may be requested within the term provided in Article 768, which will be resolved in a new hearing set exclusively for that purpose.


 


Once the period for requesting exclusion has expired or it is denied, it can be sued in the process of knowledge or abbreviated, depending on the amount.


 


Article 767.- Valuation


It may be ordered that the inventoried assets be appraised by experts, provided that it is requested before the conclusion of the hearing.


 


Once the appraisal is requested, the Judge will appoint experts and set the date for the respective hearing.


 


Article 768.- Protocolization and effects


Once the inventory and the appraisal are finished, if applicable, what has been done for ten days will be revealed in the premises of the Court. If exclusion is not requested or resolved, the Judge will approve the inventory and order that it be notarized.


 


The inventory is not a title to request possession of the goods.


 


Subchapter 2: Judicial administration of assets


Article 769.- Origin


In the absence of parents, guardian or curator, and in cases of absence or joint ownership, it is appropriate to appoint a judicial administrator of assets.


 


Article 770.- Object


It is the object of this process:


 


1.- The appointment of a judicial administrator; and


 


2.- The approval of the list of assets over which the administration will be exercised.


 


When there is disagreement on the second point, the administrator will be appointed and he must start the inventory process.


 


Article 771.- Active legitimacy


Those who are authorized by law and those who, at the discretion of the Judge, have a substantial interest in requesting it, may request the appointment of judicial administrator of assets.


 


Article 772.- Appointment


If those representing more than half of the quotas in the value of the assets concur and there is unanimous agreement regarding the person who must manage them, the appointment will be subject to what has been agreed. In the absence of agreement, the judge will appoint the surviving spouse or the presumed heir, preferring the closest to the most remote, and in equal degree, to the oldest. If none of them meet the conditions for the proper performance of the position, the judge will appoint a third party.


 


If there are several assets and the judge approves it at the request of the interested party, two or more administrators can be appointed.


 


Article 773.- Powers


The judicial administrator of assets has the powers granted by the Civil Code in each case, or those agreed by the interested parties with the capacity to exercise and approved by the Judge. In the absence of agreement, you will have those indicated by the Judge.


 


Article 774.- Obligations


The judicial administrator of assets is obliged to render an account and report on its management within the deadlines agreed by the interested parties who have the capacity to exercise or, failing that, in those established in the Civil Code and, in any case, upon termination of the post.


 


Article 775.- Prohibitions


The judicial administrator of assets is subject to the prohibitions that the Civil Code prescribes, and those that the Judge may especially impose in light of the circumstances.


 


Article 776.- Judicial authorization


The judicial administrator of assets requires authorization from the Judge to carry out the acts indicated in the Civil Code. This will be granted by hearing the Family Council, when the law so provides.


 


Article 777.- Subrogation


The resignation of the judicial administrator of assets takes effect only as soon as its acceptance is notified by the Judge. At the request of the interested party, a new judicial administrator can be appointed.


 


The administrator can be removed following the process established for his appointment. If the Judge decides the removal, in the same resolution he will appoint the new judicial administrator of assets.


 


Article 778.- Remuneration


The remuneration of the administrator is determined by the Judge, taking into account the nature of the work to be carried out.


 


Article 779.- Conclusion of the administration


The judicial administration of assets is concluded when all interested parties have the capacity to exercise and so decide, and in the cases provided for in the Civil Code.


 


Article 780.- Special rule


The judicial administrator of assets subject to the co-ownership regime may, exceptionally, sell the fruits it collects and enter into contracts on the assets it manages, as long as it does not imply its disposal, nor does it exceed the limits of a reasonable administration.


 


If there is a need to carry out urgent disposition acts, the administrator must obtain prior authorization from the Judge, who may grant it outright or with a hearing of the interested parties.


 


Sub-Chapter 3: Adoption


Article 781.- Origin


In this process, the adoption of persons of legal age is processed.


 


If the presumed adoptee is a person contemplated in article 44 of the Civil Code, the intervention of his representative or his support is required. If this is the adopter, the request will be understood with the Public Ministry.


 


Article 782.- Admissibility


In addition to the provisions of Article 751, the person who wants to adopt another will accompany:


 


1.- Certified copy of your birth and marriage certificate, if you are married;


 


2.- Certified copy of the birth certificate of the adoptee and of his marriage, if he is married;


 


3.- The evidentiary means destined to prove their moral solvency;


 


4.- Document that certifies that the date of the adoptee;


 


5.- Certified copy of the inventory and judicial appraisal of the assets that the adoptee had; and


 


6.- Guarantee granted by the adopter, sufficient at the discretion of the Judge, if the adopted person were a person contemplated in article 43 or 44 of the Civil Code.


 


Article 783.- Hearing


If there is no opposition, the applicant, and his spouse if he is married, will ratify their willingness to adopt. The adoptee and his spouse will give their assent. Next, the Judge will resolve according to the provisions of Article 378 of the Civil Code as appropriate.


 


If there is opposition, the procedure provided for in Articles 753, 754, 755, 756 and 757 is followed.


 


Article 784.- Execution


Once the resolution declaring the adoption has been consented or executed, the Judge will officiate at the Registry of the respective Civil Status to issue a new birth certificate of the adoptee and note the adoption outside of the original certificate.


 


Article 785.- Ineffectiveness of the adoption


Within the year following the termination of their disability, the adoptee may request that the adoption be terminated, following the same procedure established in this Subchapter, as applicable.


 


Subchapter 4: Authorization to dispose of the rights of the incapacitated


Article 786.- Origin


In accordance with the provisions of this Subchapter, the requests of the representatives of the incapacitated who, by legal provision, require judicial authorization to celebrate or carry out certain acts with respect to property or rights of their represented are processed.


 


The request must be attached, when appropriate, to the document containing the act for which authorization is requested.


 


Article 787.- Public Ministry


The Public Ministry is a party to the processes referred to in this Subchapter only in cases where there is no Family Council previously constituted.


 


Article 788.- Evidence.


If the testimonial statement is proposed as evidence, the witnesses will be not less than three nor more than five and older than twenty-five years.


 


In the case of acts of disposition on goods or rights whose value is determined by objective criteria, such as appraisals that have the character of a sworn statement, stock market quotation or similar means, the documents that prove it must be attached to the application or, in their defect, official certification of its value or expertise on the part.


 


Article 789.- Formalization of the authorization


When the act whose authorization is requested must be formalized with documentation, the Judge will sign and seal each of the sheets.


 


Subchapter 5: Declaration of disappearance, absence or presumed death


Article 790.- Origin


At the request of the interested party or the Public Ministry, the declaration of disappearance, absence or presumed death can be requested, based on the cases provided for in the Civil Code.


 


Article 791.- Special requirements


In addition to the requirements indicated in Article 751, the request must indicate the list of assets and debts known to the disappeared person, the absent person or the presumed dead person and, in the latter two cases, the name of their probable successors.


 


Article 792.- Notification


The resolution that allows the application to be processed will be notified to the disappeared, absent or presumed dead through the most suitable edicts to fulfill its purpose. Those who may have inheritance rights will be notified by edict if their domicile address is unknown.


 


Article 793.- Judgment founded


The sentence that protects the request, establishes the probable date of the disappearance, absence or presumed death and, where appropriate, designates the curator.


 


The sentence is inscribable in the registers where it must produce legal effects.


 


Article 794.- Acknowledgment of presence and existence


The request for recognition of presence and cessation of effects of the sentence that would have declared the disappearance, absence or presumed death, is processed in accordance with this Subchapter, as applicable.


 


Subchapter 6: Family heritage


Article 795.- Active legitimacy and beneficiaries


The persons indicated in Article 493 of the Civil Code and only for the benefit of those mentioned in Article 495 of the same Code may request the constitution of family patrimony.


 


Article 796.- Admissibility


In addition to the provisions of Article 751, the application will include and indicate:


 


1.- Certificate of encumbrance of the property to be affected;


 


2.- Minute of constitution of the family patrimony;


 


3.- Public documents that prove the invoked family relationship;


 


4.- The data that allow to individualize the property; and


 


5.- The names of the beneficiaries and the link that unites them with the applicant.


 


Article 797.- Notification by newspaper or failing that.


The application will request the publication of an extract of it for two inter-day days in the newspaper of judicial notices. If there is no newspaper in the place, the most appropriate form of notice will be used at the discretion of the Judge. The proof of this notification will accompany the hearing.


 


Article 798.- Public Ministry


The intervention of the Public Ministry is subject to the provisions of Article 759.


 


Article 799.- Hearing


If there is no contradiction, the Judge will resolve based on what has been proven. If there is, the procedure established in Articles 753, 754, 755, 756 and 757 will be followed.


 


Article 800.- Modification and termination


The modification and extinction of the family patrimony will be requested before the Judge that constituted it, in accordance with the procedure foreseen in this Subchapter as applicable.


 


Article 801.- Formalization


Once the resolution that approves the constitution, modification or extinction of the family patrimony has been consented or executed, the Judge will order that the minute be raised to a public deed and that it be registered in the respective registry.


 


Subchapter 7: Offer of payment and consignment


Article 802.- Origin


In the cases established by the Civil Code, whoever intends to fulfill a benefit may request its judicial offer and, where appropriate, be authorized to consign it for the purpose of payment.


 


When there is a contentious process in which the material relationship that originated or that is connected to the due obligation is discussed, the offer and eventual consignment must be carried out in said process, following the procedure that corresponds to it.


 


Article 803.- Requirements and annexes of the judicial offer


In addition to the provisions of Article 751, where applicable, the applicant must specify in as much detail as possible the nature and amount of the obligation, attaching the evidence that proves:


 


1.- That the obligation is enforceable; and


 


2.- That the payment you intend to make meets the requirements established in the Civil Code.


 


Article 804.- Form of the judicial offer of payment


The offer must consist of fulfilling the provision at the hearing.


 


Article 805.- Lack of contradiction and hearing


If the creditor does not contradict the offer within five days of the summons, at the hearing the Judge declares the validity of the offer and will receive the payment, bearing in mind the provisions of Article 807.


 


In case of inconsistency of the summons, the procedure will be established in the previous paragraph.


 


If the applicant does not attend the hearing, or if he does not make the payment in the manner offered, the Judge will declare the offer invalid and will impose a fine of no less than one nor more than three Procedural Reference Units. This decision is unchallenged.


 


If the summons accepts the offer, the judge will order that the benefit be delivered directly and immediately.


 


Article 806.- Exceptional case


If, due to the nature of the provision, the payment cannot be made at the hearing, the Judge will decide on the hearing, taking into account the title of the obligation or, failing that, the proposal of the parties, the opportunity and manner of do it. Compliance, of which the minutes will be drawn up, will be carried out in the presence of the Clerk of the Court or the Judge himself, if he deems it necessary.


 


Article 807.- Consignment


To consign the benefit, proceed as follows:


 


1.- The payment of money or delivery of securities is made by delivering the certificate of deposit issued by the Banco de la Nación. The money consigned accrues legal interest.


 


2. In the case of other assets, in the act of the hearing the Judge decides the manner, place and form of their deposit, considering what the title of the obligation has established or, alternatively, what is stated by the parties.


 


3.- In the case of benefits not susceptible of deposit, the Judge determines the way to make or consider the payment to be made according to what the title of the obligation has established or, alternatively, what is stated by the parties.


 


Article 808.- Sale


In any stage of the process, at the request of the debtor, under his responsibility and with the summons of the creditor, the Judge may authorize him, in a reasoned and unquestionable decision, to proceed to the immediate sale of the object of the benefit when it is susceptible to deterioration or perish . The decision rejecting the application is appealable with suspensive effect.


 


Once the sale has been made, the amount of the price is consigned, deducting the expenses incurred.


 


Article 809.- Contradiction and hearing


Once the contradiction has been processed and its acquittal, if any, the Judge authorizes the consignment without ruling on its effects and will declare the process concluded without resolving the contradiction, saving the right of the parties to enforce it in the corresponding contentious process .


 


Once the contentious process has begun, in the case of periodic compliance benefits, the following offers and consignments will be made in said process.


 


Article 810.- Partial contradiction


If the creditor formulates a partial contradiction to the payment offer, it takes effect on that party not affected by the contradiction.


 


In these cases, Articles 753, 754, 755, 756 and 757 are applicable.


 


The refusal of the debtor to the partial acceptance of the creditor is inadmissible.


 


Article 811.- Extrajudicial offer


If the creditor to whom an extrajudicial offer of payment has been made has refused to admit it, the debtor may judicially record the due provision. For this effect, silence implies manifestation of negative will.


 


The applicant must comply with the requirements of Article 803, accompanying the means of proof of the offer and refusal.


 


In the admission order, the Judge summons the creditor to express his acceptance of the payment or not at the hearing, under the warning of having its consignment.


 


The other provisions of this Subchapter are of supplementary application.


 


Article 812.- Periodic or successive consignments


In the case of periodic or successive benefits originated in the same material relationship, those immediately after the presentation of the request will be carried out in the same process, without the need for subsequent hearings and will be subject to what the Judge has decided in the hearing held. The applicant must state in the application the periodicity of his obligation.


 


Article 813.- Inadmissibility of periodic or successive consignments


If the creditor subsequently expresses his assent to receive the payment directly, the subsequent periodic or successive appropriations will not proceed.


 


Article 814.- Judicial consignment without effect of payment


Exceptionally, both the debtor and the creditor may request that the object of the benefit be placed in judicial deposit in the power of the debtor or a different person, in which case the rules of the kidnapping contract apply, as far as relevant.


 


These requests proceed even when there is a contradiction by the creditor.


 


Article 815.- Costs and costs


If there was no contradiction, the costs and costs will be borne by the creditor.


 


When in the subsequent contentious process it is declared, directly or indirectly, that the contradiction was unfounded, the defendant has the right to a refund with interest of what he paid for costs and costs in the previous non-contentious process.


 


Article 816.- Withdrawal of the consignment


Except in the case of acceptance of the offer, for the withdrawal of the consignment the following rules are observed:


 


1.- The request is made in writing, with a signature legalized by the Clerk of Court, accompanied by a simple copy of the applicant's identity document, which will be kept in the file.


 


2.- Once the request is received, the Judge grants transfer to the other party by means of notification by means of a certificate and, with or without an answer, within a third day he issues a writ authorizing or denying the request.


 


3.- If you agree to the request, you have the delivery of the consigned property or, where appropriate, the certificate of deposit that you will endorse in favor of the legitimated person. A copy of the certificate of deposit is kept in the file, on the back of which the applicant will sign upon receipt.


 


4.- The entity or depositary person that makes the delivery of the consigned, is obliged to verify the identity of the applicant and to demand that they sign a receipt stating their identification and delivery date.


 


Subchapter 8: Proof of Will


Article 817.- Origin and Active legitimacy


The verification of authenticity and compliance with formalities of the closed, holographic, military, maritime or air will is processed in accordance with the provisions of this Subchapter, for its subsequent notarization.


 


You are entitled to request verification:


 


1.- Whoever has the will in his possession;


 


2.- Who, due to their family ties with the deceased, is considered a forced or legal heir;


 


3.- Whoever considers himself to be a voluntary or legatee heir; and,


 


4.- Whoever is the creditor of the testator or the presumed successor.


 


Article 818.- Requirements and annexes


In addition to the provisions of Article 751 as applicable, the application will be attached:


 


1.- The certified copy of the death certificate or the judicial declaration of presumed death of the testator, and registration certification that no other will is registered.


 


2.- Certified copy, in the case of the closed will, of the notarial act issued when it was executed or, in the absence of this, a certificate of the existence of the will issued by the notary who keeps it in his custody;


 


3.- The document that contains the holographic will or the envelope that presumably contains it; and


 


4.- Registry evidence of the inscription of the will in accordance with Article 825, in the cases of military, maritime or air will that have been delivered to the Judge by the respective authority.


 


In all the cases foreseen above, the name and address of the heirs or legatees will be indicated.


 


Article 819.- Presentation and prior verification


In the case of a closed will and provided that the registration of another testament is recorded, the Judge will order the notary to present it to the Court, with the respective act, if applicable, within five days of notification.


 


When the testament is closed or the holograph presented is contained in a sealed envelope, the Judge will proceed to open it, in the presence of the notary or the applicant, as the case may be, he will put his entire signature and the stamp of the Court on each of the pages, and It will certify the state of the envelope or cover, which will be added to the file, of which a record will be issued in which, if it is the case, it will be recorded the possibility that the state of the envelope had allowed the change of its content.


 


If the will is written in a language other than Spanish, the procedure will be as established in Article 710 of the Civil Code.


 


Article 820.- Complementary location


If after making the verification referred to in Article 819, the Judge notices that there are successors designated by the testator not mentioned in the request for verification, he will require the requestor for it to indicate to the Court within the third day, if so you know, the address of said successors for their proper location.


 


If the address is ignored or the applicant does not indicate it within the indicated period, the Judge will order that the extract of the application be published three times, with intervals of three days, in the manner provided in Article 168.


 


Article 821.- Evidence.


In the case of a closed will, only the notarial act of granting in the envelope or cover is admitted as evidence. In the absence of the certificate, and when the envelope is damaged, only the certified copy of the certificate transcribed from the notary's registry, the statement of the witnesses who intervened in the act, the verification of the signature and, where appropriate, are admissible as evidence. , from the testator's letter.


 


In the case of the holographic will, only the collation of letter and signature or, if this is not possible, the expertise is admissible. If these means cannot be acted upon, the testimony of witnesses on the letter and signature of the testator is admissible. The witnesses will not be less than three nor more than five, older than thirty years, neighbors of the place on the date of granting of the will and without a kinship relationship up to the third degree of consanguinity or affinity with the presumed legatees or forced or legal heirs of the testator.


 


Article 822.- Inadmissibility of contradiction


The contradictions that concern the validity of the content of the will will be declared inadmissible.


 


Article 823.- Resolution and effects thereof


If the Judge considers the will to be authentic and the formal requirements applicable to it have been fulfilled, he will put his entire signature and the stamp of the Court on each of the pages and will order the notarization of the file, observing, when appropriate, the provisions of Article 703 of the Civil Code.


 


The resolution does not prejudge the formal validity of the will or the content of the testamentary provisions.


 


Article 824.- Application rejected


If the request for proof of the will is definitively rejected, it can be tried again in a process of knowledge within a period of no more than one year from the final decision being executed.


 


Article 825.- Special provisions.


The Judge who receives a military, maritime or air will from the corresponding authority, will make it known to the Public Ministry and will order its entry in the Register of Wills.


 


Subchapter 9: Registration and correction of departure


Article 826.- Origin


The request for registration or rectification of a marriage or death certificate, and the request for rectification of a birth certificate, proceeds only when it was not carried out within the period established by law or when the Judge considers the reason to be admissible. The application for the registration of a birth certificate is governed by the law on the matter.


 


When it comes to the rectification of the name, sex, date of the event or marital status, what is requested will be indicated with precision.


 


The rules of this Subchapter apply to the registration of births, marriages and deaths of Peruvians that occurred abroad, not registered with the national authority.


 


It is also applicable to the rectification of births, marriages and deaths of Peruvians that occurred abroad, registered with the national authority.


 


Article 827.- Active legitimacy


The request will be made by:


 


1.- The legal representative or the support of a person contemplated in article 43 or 44 of the Civil Code and, in the absence of that, by any of his relatives up to the fourth degree of consanguinity or second degree of affinity, for the rectification of the birth certificate.


 


2.- The person whose birth certificate is to be rectified, if he is of legal age, and, if he has died, by his relatives up to the fourth degree of consanguinity or second degree of affinity.


 


3.- Any of the spouses or, due to their death, by any of their relatives up to the fourth degree of consanguinity or second degree of affinity, for the registration or rectification of the marriage certificate.


 


4.- Any of the relatives up to the fourth degree of consanguinity or second degree of affinity of the deceased, for the registration or rectification of the death certificate.


 


5.- By the Public Ministry when the deceased has no relatives. In this case, publication is not required, unless the action of the Public Ministry originates at the request of the interested party.


 


Article 828.- Publication


The publication of the extract of the application will be carried out only once in the manner provided in Articles 167 and 168 of this Code, as applicable. The documents containing the edicts will be authorized by the lawyer, as a requirement for their publication.


 


Article 829.- Special procedure


People whose births have been registered in the Civil Status Registries of the Municipalities of the Republic and Consulates of Peru, in whose entries the word "de" or the letters "y", "i" appear by mistake between their names and surnames , "E" or "a", or another manifest error of spelling, gender or similar that flows from the document itself, may request its rectification.


 


The Judge, without observing the procedure of Article 754, will have the corresponding rectification available.


 


Subchapter 10


Article 830.- Intestate succession


In the cases provided for in Article 815 of the Civil Code, any interested party may request the initiation of the succession process. In the case of the interest of the incapacitated without a representative, the Public Ministry may request it.


 


Article 831.- Admissibility


In addition to the provisions of Article 751, the request will be accompanied by:


 


1.- Certified copy of the death certificate of the deceased or the judicial declaration of presumed death;


 


2.- Certified copy of the birth certificate of the presumed heir, or public document that contains the acknowledgment or the judicial declaration, if it is an extra-matrimonial child;


 


3.- List of known assets;


 


4.- Registry certification that there is no registered will in the place of the last domicile of the deceased and where he had registered assets; and


 


5.- Registry certification of the same places mentioned in the previous paragraph that there is no annotation of another intestate succession process.


 


If this is the case, the application is accompanied by the proof of registration of the de facto union in the Personal Registry.


 


Article 832.- Passive legitimation


To the presumed heirs domiciled in the place, the surviving spouse and the corresponding Public Charity, only the admissible resolution is notified, and the others if they appear at the process.


 


If the deceased was a foreigner, the respective consular officer will also be notified.


 


Article 833.- Notification by newspaper, edicts and registration.


Once the request is admitted, the judge orders:


 


1.- The publication of a notice both in the newspaper of judicial announcements and in another one with wide circulation. If there is no newspaper in the place, the most appropriate form of notice will be used at the discretion of the Judge.


 


The notice will contain the identification of the Court and the Court Clerk, the names of the applicant and the deceased and the date and place of their death.


 


Proof of the notification made will be accredited at the hearing.


 


2.- The annotation of the application in the Registry of Intestate Succession and the Registry of Mandates and Powers of Attorney. For this purpose, the Judge sends the parts to the corresponding registries in accordance with the law.


 


Article 834.- Inclusion of another heir and audience


Within thirty days from the publication referred to in Article 833, whoever is considered heir may appear in person, proving their quality with the certified copy of the corresponding entry, or public instrument that contains the acknowledgment or judicial declaration of affiliation. If such an appearance occurs, the judge will summon a hearing, following the corresponding procedure.


 


If there is no appearance, the judge, without the need to summon a hearing, will resolve based on the evidence.


 


Article 835.- Public Ministry


The Public Ministry intervenes subject to the provisions of Article 759.


 


Article 836.- Execution


Once the resolution declaring heirs has been consented or executed, it will proceed in accordance with the provisions of Article 762.


 


Subchapter 11: Recognition of judicial decisions and awards issued abroad


Article 837.- Competition


The process referred to in Title IV of Book X of the Civil Code, is brought before the Civil Chamber on duty of the Superior Court in whose territorial jurisdiction the person against whom it is intended to enforce has his domicile.


 


The General Provisions of this Section apply to the process of recognition of foreign arbitration awards, in everything that does not oppose the General Arbitration Law.


 


Article 838.- Relative presumption


It is presumed that there is reciprocity with respect to the force that is given abroad to the judgments or awards pronounced in Peru. The negative test corresponds to whoever denies reciprocity.


 


Article 839.- Exclusion


This process is not required to be followed by the action of letters rogatory directed by foreign judges whose purpose is to make notifications, receive statements or other similar acts, it being enough for the request to be contained in legalized and duly translated documents, if applicable.


 


Article 840.- Delivery of a certified copy of the file


Once the process is finished, a certified copy of the file is delivered to the interested party, keeping the original in the archive of the Chamber.


 


Article 841.- Procedure


Requests for support and safeguards are processed before the competent judge or notary.


 


Article 842.- Requests for support and safeguards


Requests for support and safeguards are initiated at the request of the person himself according to article 659 A of the Civil Code.


 


Article 843.- Request by any person


In the cases of the persons referred to in article 44 numeral 9 and article 45 B numeral 2 of the Civil Code, the request can be made by any person according to article 659-E of the Civil Code.


 


Article 844.- Applicant with a disability


In the event that the applicants are a person with a disability:


 


In addition to the provisions of article 751, the request is accompanied by:


 


a) The reasons that motivate the request.


 


b) The disability certificate that certifies the disability status of the person requesting the support or safeguard.


 


Article 845.- Duty of the Judge


The judge makes all the modifications, adjustments and adjustments in the process to guarantee the expression of the will of the person with a disability.


 


Article 846.- Content of the request


The application contains indications with respect to who will be the persons or institutions that would act as support, to which legal acts they are restricted and for how long they apply.


 


Article 847.- Content of the final resolution


The final resolution must indicate who or who would be the support persons or institutions, to which legal acts they are restricted, for how long they will govern and what are the safeguard measures, if necessary. Such resolution is registered in the Personal Registry in accordance with article 2030 of the Civil Code.


 


Additionally, the final resolution is written in an easy-to-read format where its contents are summarized and transcribed with simple and clear language, according to the needs of the person with a disability.


 


SUPPLEMENTARY PROVISIONS


FINAL PROVISIONS


FIRST.- The provisions of this Code are additionally applied to the other procedural regulations, provided that they are compatible with their nature.


 


SECOND.- The procedural norms are of immediate application, even to the process in process. However, they will continue to be governed by the previous norm: the rules of jurisdiction, the impugnative means, the procedural acts with the beginning of execution and the terms that have begun.


 


THIRD.- All legal or administrative references to the Code of Civil Procedures are understood to have been made to the Code of Civil Procedure.


 


Unless this Code establishes a different procedural route, it should be understood that any allusion or legal mention of a trial, procedure or process:


 


1.- Ordinary, refers to the process of knowledge;


 


2.- Summary or minor, refers to the abbreviated process;


 


3.- Executive, refers to the execution process;


 


4.- Incidental procedure or opposition procedure, refers to the summary process;


 


5.- Preparatory diligence refers to anticipated test.


 


FOURTH.- Unless this Code establishes a special process, the claim to pay remuneration for services rendered as a result of non-employment relationship and the claims referred to in the following Articles of the following laws are processed as an abbreviated process:


 


1.- Civil Code: 16, 26, 28, 31, 92, 297, 329, 463, 465, 471, 539, 796 subsection 5, 850, 854, 855, 952, 984, 1076, 1079.


 


2.- General Law of Companies: 42, 50, 56, 67, 71, 98, 100, 146, 210, 350 and 363 (third paragraph).


 


3.- Repealed


 


FIFTH.- Unless this Code establishes a special process, the claims referred to in the following Articles of the following laws are processed as a summary process:


 


1.- Civil Code: 58, 293, 300, 305, 460, 468, 606, 792, 993, 1014, 1017, 1073, 1074, 1078, 1116, 1163 and 1839.


 


2.- General Law of Companies: 8, 9, subsection 4, 125, 126, 161, 267, 341, 370 and 377, subsection 3.


 


3.- Securities Law: 28, 101, 102, 105, 108 and 208.


 


SIXTH.- Unless this Code establishes a special process, the applications or authorizations of the Civil Code referred to in Articles: 63, 74, 241 paragraph 1, 242 paragraph 2, 244, 249, 426, are processed as a non-contentious process. 427, 428, 429, 433, 491, 507, 732, 793, 796 subsection 3, 874, 1006, 1144, 1576, 1736, 1861, 1862 and 1876.


 


SEVENTH.- Except for a different provision of this Code, all special judicial processes and all privileges in civil procedural matters in favor of the State, the Central Government and the Regional and Local Governments, their respective agencies and other entities of public law or private, of any nature.


 


EIGHTH.- To start or continue the processes, it is not required to prove compliance with tax obligations. However, the Judge may report to the tax authority, if he considers it pertinent, in order to safeguard the tax interest.


 


NINTH.- Repealed.


 


TENTH.- In accordance with the Twenty-fifth Final Provision of the Organic Law of the Judicial Power (Legislative Decree 767), the rules of the Civil Procedure Code are applied preferentially with respect to those of the former.


 


ELEVENTH.- Jurisdictional Auxiliaries are included in Article 243 of the Political Constitution of Peru.


 


TWELFTH.- (Repealed by Article 2 of Decree Law No. 25940)


 


THIRTEENTH.- The Executive Council of the Judiciary reviews, at least every five years, the Table of Distances.


 


FOURTEENTH.- Every two years the Associations of Lawyers, Engineers, Accountants, Doctors and others whose professionals can carry out expert examinations, approve and publish in the newspaper "El Peruano", "Guiding Standards for Professional Fees", which will be of obligatory observance by the Judges for the determination of the professional fees.


 


In the absence of updating, the Judges apply the consumer price indexes.


 


FIFTEENTH.- Prescribes, five years after the completion of the process that gave rise to them, the right to withdraw or collect the amounts of money corresponding to judicial consignments made in the Banco de la Nación and the accrued interest.


 


Within the months of January and July of each year, the Judges will send to the General Directorate of Administration of the Judicial Power, under responsibility, the deposit certificates corresponding to the deposits whose collection or withdrawal has prescribed, in order for said Directorate to request to the Banco de la Nación the transfer of the respective funds.


 


The amounts of the amounts whose collection or withdrawal has prescribed will be distributed as follows:


 


1.- 70% for the construction and equipping of the offices of the Judicial Power and the Public Ministry, divisible in half.


 


2.- 30% for the construction and equipping of prisons.


 


The General Directorate of Administration of the Judicial Power will notify the Banco de la Nación and the holders of the respective budget specifications of the amounts of money that must be transferred.


 


SIXTEENTH.- When the Supreme Court acts as a higher court of instance, the procedure will be subject to the provisions of Article 373 of this Code, as appropriate.


 


SEVENTEENTH.- The circulars of procedural content issued by the Plenary Chamber of the Supreme Court or the Executive Council of the Judicial Power, are published in "El Peruano" and are effective from the day following their publication, unless the circular itself establishes different date.


 


EIGHTEENTH.- The Courts keep a Book of Consignments in which they will state: date of the consignment; certificate of deposit number, when applicable and name of the entity that issues it; identification data and domiciliary address of the depositor; name and signature of the respective Secretary; file number corresponding to the process in which the consignment was made; date of the resolution authorizing the withdrawal of the consignment, and the name and signature of the person who withdraws it.


 


NINETEENTH.- Only by order of the Judge and at the request of the corresponding university authority, the jurisdictional assistants may provide, for a short time, the expired records to the graduates, duly identified, who, in addition to signing the position, will leave a photocopy of their Electoral Book or document that replaces it.


 


The files whose sentences have been executed for more than five years may be sent to the Faculties of Law that request them for university teaching purposes.


 


Unless authorized in writing by the parties or their successors, files that refer to personal or family privacy may not be delivered for forensic practice purposes or for other university uses.


 


When more than five years have elapsed since the sentence or any other form of conclusion of the process has been consented to or executed; The Court Clerks, after a judicial mandate, must transfer the judicial files to the General Archive of the Nation or to the Departmental Archives, in accordance with the provisions of Article 4 of Law No. 19414, under rigorous inventory, for their documentary preservation or, if it is the case, its declaration as Cultural Heritage of the Nation.


 


TWENTIETH.- (Repealed by Article 2 of Decree Law No. 25940)


 


TWENTY-FIRST.- (Repealed by Article 2 of Decree Law No. 25940)


 


TWENTY-SECOND.- (Repealed by Article 2 of Decree Law No. 25940)


 


TWENTY-THIRD.- The five graphics marked with the letters A, B, C, D and E, which are published as annexes, form an integral part of this Code. The periods indicated in them are the maximum and may be reduced by the Judge, taking into account the nature of the process and the availability of time.


 


TRANSITORY DISPOSITIONS


FIRST.- A special commission of five members shall be constituted, three appointed by the Ministry of Justice, one of whom will preside over it, a representative of the Lima Bar Association and another designated by the Board of Deans of the Peruvian Bar Associations, so that, within a period of sixty days, formulate the draft Supreme Decree that regulates the system of notifications, orders and judicial deposits, costs, forms, books of conciliations and consignments and other practical aspects for the proper application of the Code Civil procedure.


 


SECOND.- Until December 30, 1993, the Members, Judges, Arbitrators and Professional Associations report in writing directly to the Ministry of Justice about the doubts of interpretation of the Civil Procedure Code that have been noticed, the gaps and the respective suggestions.


 


The Commission referred to in the First Transitory Provision of this Code, is reinstated from January 1, 1994 to October 30 of the same year, in order to propose the preliminary draft of the Law that may be applicable.


 


THIRD.- It is declared prescribed, for the purposes referred to in the Fifteenth Final Provision, the claim of withdrawal or collection of the amounts of the judicial appropriations not contested before December 31, 1981 and that of which having been contested correspond to contentious proceedings terminated before December 31, 1981, and that in one case or another are not withdrawn from the Banco de la Nación before February 28, 1993.


 


Before December 31, 1992, the Courts and Chambers and the Banco de la Nación will proceed to communicate to the General Directorate of Administration of the Judicial Power the amounts of the appropriations made up to December 31, 1981 and that had not been collected from the date of the communication.


 


The Banco de la Nación will proceed to transfer, no later than April 30, 1993, to the Judicial Power, the Public Ministry and the Ministry of Justice, the amounts that correspond respectively to them according to the percentages established in the Fifteenth Final Provision, by the amounts of the appropriations, with their interests, whose claim of withdrawal or collection would have prescribed.


 


FOURTH.- The Ministries of Foreign Relations and Justice will publish in "El Peruano", before July 28, 1993, the full text of the international agreements in force, of a civil, commercial, arbitration or civil procedural nature.


 


FIFTH.- As an exception to the provisions of the Second Final Provision, the processes initiated before the validity of this Code, will continue to be processed according to the procedural norms with which they were initiated.


 


The processes that start from the effective date of this Code, are processed in accordance with its provisions.


 


AMENDING PROVISIONS


FIRST.- The Articles of the Civil Code, approved by Legislative Decree 295, which are indicated below, are modified or expanded as follows:


 


«Article II.- The law does not protect the abusive exercise or omission of a right. When demanding compensation or another claim, the interested party may request the appropriate precautionary measures to prevent or provisionally suppress the abuse. "


 


Article 2: The following paragraph is added:


 


«The application is processed as advance evidence, with summons from the persons who, by indication of the applicant or at the discretion of the Judge, may have rights that are affected. The judge may order ex officio the performance of the evidence that he deems pertinent. No opposition is allowed in this process. "


 


«Article 34: A special domicile may be designated for the execution of legal acts. This designation only implies submission to the corresponding territorial jurisdiction, unless otherwise agreed. "


 


«Article 47.- When a person is not in the place of his domicile and more than sixty days have elapsed without news of his whereabouts, any relative up to the fourth degree of consanguinity or affinity, excluding the closest to the most remote, may request the appointment of interim curator. Anyone who invokes a legitimate interest in the businesses or affairs of the disappeared person can also request it, summoning known relatives and the Public Ministry. The request is processed as a non-contentious process.


 


The appointment of curator is not appropriate if the disappeared person has a representative or representative with sufficient powers registered in the public registry. "


 


Article 58: The following paragraph is added:


 


"This claim is processed according to the summary process of maintenance, as applicable."


 


«Article 60.- In the cases of paragraphs 1 and 2 of Article 59, the patrimony is restored to its owner, in the state in which it is found. The petition is processed as a non-contentious process with summons from those who requested the declaration of absence.


 


In the cases of paragraphs 3 and 4 of Article 59, the succession is opened. "


 


«Article 67.- The existence of the person whose death has been judicially declared, can be recognized at the request of her, of any interested party, or of the Public Ministry. The claim is processed as a non-contentious process, with the summons of those who requested the declaration of presumed death.


 


Article 85: The third paragraph is replaced by the following:


 


"The application is processed as a summary process"


 


Article 92: The last paragraph is modified to read as follows:


 


"The challenge is demanded before the Civil Judge of the association's domicile and is processed as an abbreviated process."


 


«Article 96.- The Public Ministry may judicially request the dissolution of the association whose activities or purposes are or are contrary to public order or good customs.


 


The claim is processed as an abbreviated process, considering the association as the defendant. Any associate is entitled to intervene in the process. The sentence not appealed is raised in consultation with the Superior Court.


 


At any stage of the process, the Judge may issue precautionary measures suspending all or part of the association's activities, or appointing an auditor of the same. "


 


Article 104: Paragraph 9 is modified as follows:


 


«9. Judicially challenge the agreements of the administrators that are contrary to the law or the constitutive act or demand the nullity or cancellation of the acts or contracts that they enter into, in the cases provided by law. The challenge is processed as an abbreviated process; the claim for nullity or annulment as a process of knowledge. "


 


Article 106: The following paragraph is added:


 


«The demand for presentation of accounts and balances and the suspension of the administrators in their position, are processed as an abbreviated process. The demand for the disapproval of accounts or balances and the demand for responsibility for breach of duties, as a process of knowledge. "


 


«Article 108.- The Foundations Supervisory Board, respecting as far as possible the will of the founder, may request the Civil Judge:


 


1. The extension of the purposes of the foundation to other analogous ones, when the patrimony is notoriously excessive for the purpose instituted by the founder.


 


2. Modification of the purposes, when the corporate interest referred to in Article 99 has ceased.


 


The claim is processed as an abbreviated process, with a summons from the Public Ministry, considering the administrators of the foundation as summoned. "


 


«Article 109.- The Supervisory Board may request the dissolution of the foundation whose purpose is impossible to fulfill.


 


The claim is processed as an abbreviated process before the Civil Judge of the foundation's headquarters, summoning the administrators. The lawsuit will be published three times in the newspaper in charge of judicial notices and in another with national circulation, with five days between each publication.


 


The sentence not appealed is raised in consultation with the Superior Court. "


 


«Article 110.- The net assets resulting from the liquidation of the foundation are applied to the purpose established in the constitutive act. If this is not possible, it is intended, at the proposal of the Council, to increase the patrimony of one or more foundations with a similar purpose or, failing that, to the Public Charity for works of similar purposes to those of the foundation in the locality. where it had its headquarters. "


 


"Article 120.- The provisions of Article 96 apply to the Committee."


 


"Article 121.- Once the proposed purpose has been fulfilled, or if it has not been achieved, the board of directors proceeds to dissolve and liquidate the committee, submitting to the Public Ministry a copy of the final statements of accounts."


 


«Article 122.- The board of directors awards the payers the net assets resulting from the liquidation, if the accounts have not been challenged by the Public Ministry within thirty days of having been presented. The disapproval of the accounts is processed as a process of knowledge, being entitled to intervene any of the members of the committee.


 


If the award to the outlays is not possible, the council will deliver the net assets to the local Public Charity entity, with the knowledge of the Public Ministry. "


 


Article 181: The following paragraph is added to subsection 1:


 


"The insolvency of the debtor is presumed if within fifteen days of its judicial summons, it does not guarantee the debt or does not indicate goods free of encumbrance of sufficient value for the fulfillment of its benefit."


 


Article 181: The following final paragraph is added:


 


«The loss of the right to the term for the reasons indicated in the preceding paragraphs, is declared at the request of the interested party and is processed as a summary process. Precautionary measures designed to ensure credit satisfaction are especially appropriate. "


 


Article 182: The last paragraph is replaced by the following:


 


"The claim is processed as a summary process."


 


Article 186: The last paragraph is replaced by the following:


 


"The claim is processed as a summary process."


 


«Article 195.- The creditor, although the credit is subject to condition or term, may request that the gratuitous acts of the debtor be declared ineffective with respect to it for which he renounces rights or with which his known assets diminish and damage the collection of credit. The existence of damage is presumed when the debtor's act results in the impossibility of paying the due benefit in full, or the possibility of collection is made difficult.


 


In the case of an onerous act, the following requirements must also meet:


 


1. If the credit is prior to the act of capital reduction, that the third party has had knowledge of the damage to the creditor's rights or that, depending on the circumstances, has been in a reasonable position to know or not to ignore them and the eventual damage to the rights of the creditor. themselves.


 


2. If the act whose ineffectiveness is requested was prior to the emergence of the credit, that the debtor and the third party had performed it with the purpose of harming the satisfaction of the credit of the future creditor. Said intention is presumed in the debtor when he has disposed of assets of whose existence he had informed the future creditor in writing. The intention of the third party is presumed when he knew or was able to know the future credit and that the debtor lacks other registered assets.


 


The creditor is responsible for the proof of the existence of the credit and, where appropriate, the concurrence of the requirements indicated in sections 1. and 2. of this article. The debtor and the third party bear the burden of proof regarding the non-existence of the damage, or the existence of sufficient free assets to guarantee the satisfaction of the credit. "


 


«Article 200.- The ineffectiveness of free acts is processed as a summary process; that of onerous acts as a process of knowledge. Precautionary measures designed to prevent the damage from becoming irreparable are especially appropriate.


 


The pertinent provisions on bankruptcy are exempt. "


 


«Article 256.- The Justice of the Peace Lawyer of the place where it is to be celebrated is competent to hear the opposition to the marriage.


 


Once the opposition file has been sent by the mayor, the judge will require the opponent to file a lawsuit within the fifth day. The Public Ministry will file your claim within ten days from the publication of the notice provided for in Article 250 or from the filing of the complaint cited in the previous Article.


 


Once the periods mentioned in the previous paragraph have expired without a claim having been filed, the proceedings will be definitively archived.


 


The opposition is processed as a summary process. "


 


Article 277.- Subsection 1 is modified:


 


"1. Of the prepubescent. The claim may be exercised by him after reaching the age of majority, by his ancestors if they have not given consent for the marriage and, in the absence of these, by the family council. An annulment cannot be requested after the minor has reached the age of majority, or when the woman has conceived. Even if the annulment has been declared, the spouses of legal age can confirm their marriage. Confirmation is requested from the Legal Justice of the Peace of the place of the conjugal domicile and is processed as a non-contentious process. The resolution approving the confirmation produces retroactive effects. "


 


"Article 281.- The claim of invalidity of the marriage is processed as a process of knowledge, and the provisions established for the processes of separation of bodies or divorce by cause are applicable to it, insofar as they are pertinent."


 


«Article 292.- The representation of the conjugal partnership is exercised jointly by the spouses, without prejudice to the provisions of the Civil Procedure Code. Either of them, however, may empower the other to exercise said representation in whole or in part.


 


For the ordinary needs of the home and acts of administration and conservation, the company is represented indistinctly by either spouse.


 


If either spouse abuses the rights referred to in this Article, the Legal Justice of the Peace may limit them in whole or in part. The claim is processed as an abbreviated process. "


 


"Article 309.- The extra-contractual liability of one spouse does not harm the other in his own property or in the part of the company that would correspond to him in the event of liquidation."


 


Article 333.- Sections 2 and 11 are modified:


 


»2. Violence, physical or psychological, that the judge will assess according to the circumstances.


 


"eleven. Conventional separation, after two years have elapsed from the celebration of the marriage »


 


"Article 344.- When conventional separation is requested, any of the parties may revoke their consent within thirty calendar days following the hearing."


 


«Article 345.- In case of conventional separation, the Judge establishes the regime concerning the exercise of parental authority, the maintenance of the children and that of the wife or husband, observing, as appropriate, what both spouses agree .


 


The provisions contained in Articles 340, last paragraph, and 341 are applicable to conventional separation.


 


Article 354.- After six months from the notification of the conventional separation sentence, any of the spouses, based on it, may request that the marriage bond be declared dissolved.


 


The innocent spouse may exercise the same right of separation for a specific reason.


 


Article 419: The last paragraph is modified:


 


"In the event of dissent, the Child and Adolescent Judge decides, in accordance with the summary process."


 


Article 496: Paragraph 4 is modified:


 


"4. That it be approved by the Judge, in accordance with the provisions for the non-contentious process. "


 


«Article 542.- The surrender, at the request of the guardian or the family council, is presented in execution of the sentence of the abbreviated process. The presentation, in a hearing that the Judge will indicate for this purpose and with the presence of the minor if he is over fourteen years old, is made in writing, attaching a copy of the supporting documents or offering other means of proof. At the hearing, the tutor will provide the explanations that are requested.


 


The demand for disapproval is formulated, if applicable, within the expiration period of sixty days after the accounts are submitted and is processed as a process of knowledge. "


 


«Article 664.- The right to petition for inheritance corresponds to the heir who does not possess the assets that he considers to belong to him, and is directed against whoever possesses them in whole or in part by way of succession, to exclude him or to concur with him.


 


To the claim referred to in the preceding paragraph, the claim to declare the petitioner heir may be added if, having pronounced a judicial declaration of heirs, it considers that their rights have been precluded with it.


 


The claims referred to in this Article are imprescriptible and are processed as a process of knowledge. "


 


Article 676: The following paragraph is added:


 


"The challenge request is processed as a summary process."


 


«Article 751.- The one who disinherits may file a lawsuit against the disinherited to justify his decision. The claim is processed as an abbreviated process. The sentence that is pronounced prevents contradicting the disinheritance. "


 


«Article 794.- Although the testator had exempted him from this duty, within sixty days after the execution of the executor, the executor must present to the successors a written report of his management and, if applicable, the corresponding accounts, with the documents of the case or offering other means of proof. The accounts do not require the observance of any special formality regarding their content, as long as there is an orderly list of income and expenses.


 


He will also fulfill this duty during the exercise of the position, frequently not less than six months, when ordered by the Civil Judge at the request of any successor. The request is processed as a non-contentious process.


 


The report and the accounts are understood to be approved if, within the expiration period of sixty days after they were presented, their disapproval is not judicially requested, as a process of knowledge.


 


The rules contained in this Article are of supplementary application to all other cases in which there is a legal or conventional duty to present income and expense accounts or management reports. "


 


«Article 795.- It can be requested, as a summary process, the removal of the executor who has not started the inventory faction within ninety days of the death of the testator, or of the notarization of the will, or of his judicial appointment, whichever corresponds , or within thirty days of having been notarized for that purpose by the successors. "


 


«Article 815.- The inheritance corresponds to the legal heirs when:


 


1. The deceased dies without leaving a will; The one that granted has been declared totally or partially null; It has expired due to lack of judicial verification; or the disinheritance is declared invalid.


 


2. The will does not contain the institution of an heir, or the expiration or invalidity of the provision that establishes it has been declared.


 


3. The forced heir dies before the testator, renounces the inheritance or loses it through indignity or disinheritance and has no descendants.


 


4. The voluntary heir or the legatee dies before the testator; or because the condition established by it has not been met; or by resignation, or by having declared unworthy to these successors without designated substitutes.


 


5. The testator who does not have forced or voluntary heirs established in a will, has not disposed of all his assets in legacies, in which case the legal succession only works with respect to the assets that he did not dispose of.


 


The judicial declaration of heirs by inheritance totally or partially intestate, does not prevent the predecessor by the declaration from asserting the rights conferred by Article 664. "


 


«Article 853.- When all the heirs are capable and agree on the partition, it will be done by public deed in the case of assets registered in public registers. In all other cases, a private document with notarized signatures is sufficient. "


 


«Article 865.- The partition made with the preterition of a successor is null. The claim is imprescriptible and is processed as a process of knowledge.


 


Nullity does not affect the rights of third party purchasers in good faith and for consideration. "


 


Article 875: The following paragraph is added :


 


«The opposition is exercised through demand, or as a third party with an interest in the existing process, if applicable. The procedural powers depend on the nature of your right.


 


You can also demand the preventive protection of your right not yet enforceable. This claim is processed as an abbreviated process. "


 


«Article 987.- If any of the co-owners is incapable or has been declared absent, the conventional partition is submitted to judicial approval, accompanying the request for the appraisal of the goods by a third party, with a notarized signature, as well as the document containing the Partitional agreement, signed by all interested parties and their legal representatives. Appraisal can be dispensed with when the goods are listed on the stock market or analogous market, or a value determined for tax purposes.


 


The application for approval is subject to the non-contentious process, summoned by the Public Ministry and the family council, if it is already constituted. "


 


«Article 1069.- Once the term has expired without the obligation having been fulfilled, the creditor may proceed to sell the property in the manner agreed upon when the obligation was constituted. In the absence of an agreement, it is processed as a guarantee execution process. The debtor's opposition can only be supported by documentary evidence evidencing undoubtedly the payment. "


 


«Article 1236.- When, by mandate of the law or judicial resolution, a benefit must be restored or its value determined, it is calculated to the one it has on the day of payment, except for a different legal provision or agreement to the contrary.


 


The Judge, even during the enforcement process, is empowered to update the monetary claim, applying the criteria referred to in Article 1235 or any other correction index that allows the amount of the obligation to be readjusted to constant value. For this, it must take into account the circumstances of the specific case, in a duly motivated resolution.


 


The value update is independent of what is resolved on interest. "


 


«Article 1251.- The debtor is free from his obligation if he consigns the due provision and the following requirements are met:


 


1. That the debtor has offered to the creditor the payment of the due provision, or had made it available to him in the manner agreed in the title of the obligation.


 


2. That, with respect to the creditor, the assumptions of Article 1338 concur or have unjustifiably refused to receive payment. It is understood that there is tacit refusal in cases of evasive responses, of non-concurrence at the agreed place on the day and time indicated for compliance, when refusing to deliver a receipt or similar conduct. "


 


«Article 1252.- The offer may be judicial or extrajudicial.


 


It is judicial in the cases that have been so agreed and also: when the way to make the payment was not established contractually or legally, when for reasons that are not attributable to the debtor is prevented from fulfilling the provision in the manner provided, when the The creditor does not carry out the necessary acts of collaboration so that the debtor can fulfill that which is incumbent upon him, when the creditor is not known or is uncertain, when his address is unknown, when he is absent or incapable without having a designated representative or curator, when the credit was disputed or claimed by several creditors and in similar situations that prevent the debtor from directly offering or making a valid payment.


 


The extrajudicial offer must be made in the manner in which the obligation was agreed and, failing that, by means of a notarial letter sent to the creditor with an anticipation of no less than five days prior to the due date, if determined. If it is not, the anticipation must be ten days prior to the compliance date indicated by the debtor. "


 


«Article 1253.- The judicial offer of payment and the consignment are processed as a non-contentious process in the manner established by the Civil Procedure Code.


 


The opposition to the extrajudicial offer and, where appropriate, to the consignment made, are processed in the contentious process that corresponds to the nature of the respective legal relationship. "


 


«Article 1254.- The payment is considered valid with retroactive effect to the offer date, when:


 


1. The creditor does not oppose the judicial offer within the five days following its summons;


 


2. The creditor's opposition to payment for any of the forms of offer is rejected by resolution with res judicata authority.


 


The judicial offer is understood to have been made on the day the creditor is validly summoned. The extrajudicial action is understood to have taken place on the day it is made known. "


 


«Article 1255.- The debtor can withdraw from the payment offered and, where appropriate, withdraw the deposit made, in the following cases:


 


1. Before acceptance by the creditor.


 


2. When there is opposition, as long as it is not rejected by resolution with res judicata authority. "


 


«Article 1372.- The rescission is declared judicially, but the effects of the sentence go back to the moment of the conclusion of the contract.


 


The resolution is invoked judicially or extrajudicially. In both cases, the effects of the sentence go back to the moment in which the cause that motivates it occurs.


 


By reason of the resolution, the parties must restore the benefits in the state in which they were at the time indicated in the previous paragraph, and if this is not possible, the value they had at that time must be reimbursed in money.


 


In the cases provided for in the first two paragraphs of this Article, there is an agreement to the contrary. Rights acquired in good faith are not impaired. "


 


«Article 1398.- In the contracts entered into by adhesion and in the general contracting clauses not administratively approved, the stipulations that establish, in favor of the person who drafted them, exemptions or limitations of liability are not valid; powers to suspend the performance of the contract, to terminate it or to terminate it, and to prohibit the other party the right to oppose exceptions or to tacitly extend or renew the contract ”.


 


Article 1399: The following paragraph is added:


 


"The provisions of the preceding paragraph do not apply when the parties have submitted to arbitration regulations"


 


Article 1412: The following paragraph is added:


 


"The claim is processed as a summary process, unless the title whose formality is concerned has the quality of executive, in which case the corresponding process is followed."


 


«Article 1596.- The right of withdrawal must be exercised within a period of thirty days counted from the communication of a certain date to the person who enjoys this right.


 


When your address is not known or knowable, the communication can be made through publications in the newspaper in charge of judicial notices and in another with the greater circulation of the town, for three times with an interval of five days between each notice. In this case, the period is counted from the day after the last publication. "


 


«Article 1597.- If the retractor knows of the transfer by any means other than that indicated in Article 1596, the term is counted from the date of such knowledge. In this case, the presumption contained in Article 2012 is only enforceable after one year from the registration of the transfer. "


 


Article 2011: The following paragraph is added:


 


«The provisions of the preceding paragraph do not apply, under the responsibility of the Registrar, in the case of a part that contains a judicial resolution ordering the registration. If this is the case, the Registrar may request the Judge the clarifications or additional information that he needs, or require the payment of the applicable taxes to be accredited, without jeopardizing the priority of entering the Registry. "


 


"Article 2037.- Entries are made in the Registry of the place where the mandate or representation will be permanently exercised."


 


«Article 2041.- The following are obligatorily registered in this registry:


 


1. Requests for declaration of heirs.


 


2. The final resolutions that put an end to the process in which the declaration is requested.


 


3. The lawsuit and the final judgments referred to in Article 664. "


 


"Article 2042.- The resolutions referred to in Article 2041 are registered in the corresponding registry of the last domicile of the deceased and, in addition, in the place of location of the movable and immovable property, if applicable."


 


SECOND.- The Articles of the General Law of Companies, approved by Legislative Decree 311, which are indicated below, are modified or expanded as follows:


 


«Article 143.- Resolutions of the general meeting whose content is contrary to this law, opposes the statute, or injures, for the benefit of one or more shareholders, the interests of the company may be challenged.


 


The competent judge is that of the domicile of the company.


 


The sentence that declares the claim founded will produce effects against all shareholders, but will not affect third parties in good faith.


 


The Judge will order the termination of the process if the agreement subject to challenge is revoked or replaced by another adopted in accordance with the law or the statute. "


 


Article 148: The second paragraph is modified as follows:


 


«The request for suspension is processed as a precautionary measure. The Judge may order that the plaintiff provide contracaution for the compensation of the damages caused by the suspension. "


 


«Article 152.- Challenges of agreements that are contrary to mandatory norms or that are based on grounds for nullity provided for in this law or in the Civil Code, are processed as a process of knowledge.


 


Challenges to general meetings or resolutions adopted in them that are merged in the absence of a call or lack of a quorum, are processed as a summary process. "


 


THIRD.- The Third Final Provision of Legislative Decree 709 is modified, which is worded as follows:


 


"Third Final Provision.- Claims for the restitution of properties due to the expiration of the lease term, which this Legislative Decree deals with, are processed in accordance with the provisions for the Eviction process in the Civil Procedure Code."


 


FOURTH.- The first paragraph of Article 3 of Decree Law 22112 is modified by the following wording:


 


«The collection by the Board of Owners of the fees for the contributions to which the owners of the real estate units are obliged under the horizontal property regime, is subject to the following rules:


 


1. The claim is processed as a summary process. Attached to the claim is: a certified copy of the minutes of the Board of Owners that certify the powers of representation to act on behalf of the same; copy of the notarial letter that the Board of Owners must send to the owner requesting the payment of the amount owed; and a copy of unpaid receipts.


 


2. The claim proceeds when the owner is a debtor of two or more ordinary installments or a non-urgent extraordinary one and is more than thirty days behind in the payment of any of them, as well as when he is more than seven days behind in the payment of an extraordinary fee on an urgent basis.


 


3. Payment obligations accrue legal interest from the due date for the payment of the installment. "


 


FIFTH.- The following paragraph is added to Article 174 of the Traffic Code, approved by Legislative Decree 420:


 


«The Justice of the Peace Lawyer of the place of the accident is competent to hear the civil controversies derived from traffic accidents, if the amount does not exceed one hundred Procedural Reference Units.


 


In this case, the claim is processed as a summary process. When the amount is higher, the Civil Judge is competent and the claim is processed as an abbreviated process. "


 


SIX.- (Repealed by Article 6 of Decree Law No. 25940)


 


SEVENTH.- Articles 19 and 26 of Law 24973, are worded as follows:


 


«Article 19.- The Civil Judge of the place where the arrest took place or where the affected person has his or her domicile, at the latter's discretion, is competent to hear the claim for compensation for arbitrary detention.


 


The claim is processed as an abbreviated process. "


 


«Article 26.- The Public Ministry issues an opinion before the issuance of a judgment in the Superior Court.


 


Against what was resolved by the Superior Court, a cassation appeal proceeds. "


 


REPEALING PROVISIONS


FIRST.- The following are repealed:


 


1. The Code of Civil Procedures, promulgated by Law 1510, Decree Law 20236, Decree Law 21773, Law 23613, Legislative Decree 127 and other complementary and amending regulations, insofar as they are incompatible with this Code;


 


2. Articles 6, 7, 8, 9, 10, 11, 12, 317 and 318, and sections 7., 8. and 9. of Article 21 of the Commercial Code and Article 4 of Law 16267;


 


3. (Repealed by Article 6 of Decree Law No. 25940)


 


4. Law 13906, Legislative Decree 128, Law 25330 and amending and complementary regulations;


 


5. Legislative Decree 215;


 


6. The rules that establish preferential or special procedures for the payment of obligations or for the judicial execution of guarantees are likewise repealed.


 


Said procedures will be processed in accordance with the specific process regulated in this Code.


 


7. Legislative Decree 310;


 


8. Articles 12, 20, 23 to 51, 53 and 56 of Legislative Decree 313 (General Expropriation Law);


 


9. Articles 175 to 180, 211 to 217 and 220 of Legislative Decree No. 420 (Traffic Code);


 


10. Law 23436;


 


11. Article 22 of Law 23552, modified by Legislative Decree 499;


 


12. Law 24979; and


 


13. All other provisions that are opposed to this Law.


 


SECOND.- Leave it without effect:


 


1. Subsection h) of Article 22 of Supreme Decree 019-78-VC.


 


2. Articles 20, 21, 24 to 34, 37, 40, 42 to 48, 57 and 61 of Supreme Decree 047-85-PCM.


 


3. Other administrative provisions incompatible with this Code.