Carlos Felipe B.Managing partner and founder
INDEX
BOOK I Of the Justices of the Peace Title I: Of the Jurisdiction of the Justices of the Peace and of Summonses………………… 13 Title II: Of the Hearings of the Justice of the Peace and Appearance of the Parties…….. 19
Title III: On Default Judgments and Objections Thereto……………………. 22 Title IV: On Judgments Regarding Possessory Actions and Interdicts………………….. 23 Title V: On Non-Final Judgments and Their Execution………………… 23 Title VI: On the Demand to Guarantors…………………………………………………………… 24 Title VII: On Informative Proceedings………………………………………………………………………………… 25 Title VIII: On Visits to Contentious Places and Just Values……………….. 31 Title IX: On the Recusal of Justices of the Peace…………………………………………………… 31 BOOK II: On the Courts of First Instance Title I: On Optional Precautionary Measures Prior to the Lawsuit….. 33 Title II: On Service of Process………………………………………………………………………….. 37 Title III: On the Appointment of Counsel and Defenses……………………………….. 41
Title IV: On Communication to the Prosecutor………………………………………………………………….. 42 Title V: On Hearings, Their Publicity and Police………………………………………….. 43 Title VI: On Preliminary Examination and Written Instruction……………………………………. 45 Title VII: On Judgments…………………………………………………………………………………….. 48 Title VIII: On Default Judgments, and on Opposition Thereto……………. 58 Title IX: On Exceptions………………………………………………………………………………….. 62 Paragraph 1. On the Bond to be Provided by Foreigners………………………………… 62 Paragraph 2. On Plea Bargains…………………………………………………………………………….. 62 Paragraph 3. Nullities……………………………………………………………………………………… 69 Paragraph 4. On Dilatory Exceptions…………………………………………………………….. 71 Paragraph 5. From the Communication of Documents……………………………………………….. 73 Title X: On the Verification of Deeds……………………………………………………………… 76 Title XI: On Falsification as a Civil Incident………………………………………………………. 80 Title XII: On Testimonial Information………………………………………………………………. 88 Title XIII: On the Inspection of Places…………………………………………………………………… 91 Title XIV: On Expert Reports……………………………………………………………………… 92 Title XV: On Interrogation Regarding Facts and Articles………………………………………….. 95 Title XVI: On Incidents…………………………………………………………………………………….. 96 Paragraph 1. On Incidental Claims……………………………………………………………… 96 Paragraph 2. On Intervention………………………………………………………………………………….. 97 Title XVII: On the Renewal of Proceedings and Appointment of a New Attorney…….. 97 Title XVIII: On the Denial of Acts Performed by Attorneys or Bailiffs…………… 99 Title XIX: On the Appointment of Judges………………………………………………………………… 100 Title XX: On Declarations Based on Kinship or Affinity…………………….. 101 Title XXI: On Recusal…………………………………………………………………………………… 102 Title XXII: On Expiration…………………………………………………………………………………….. 107 Title XXIII: On Withdrawal…………………………………………………………………………………. 108 Title XXIV: On Summary Matters……………………………………………………………………. 109 Title XXV: Procedure Before Commercial Courts………………………………… 109 BOOK III: On Appeals Sole Title: On Appeals and Appeal Procedures……………………. 115 BOOK IV:
Extraordinary resources to challenge judgments
Title I: On third-party intervention………………………………………………………………………………………….. 121 Title II: On civil review………………………………………………………………………………… 122 Title III: On actions for civil liability against judges………………. 123 BOOK V: On the Execution of Judgments Title I: On the Appointment of Sureties……………………………………………………………… 129 Title II: On the Assessment of Damages……………………………………………… 130 Title III: On the Assessment of Fruits…………………………………………………………….. 130 Title IV: On the Rendering of Accounts…………………………………………………………………… 130 Title V: On the Assessment of Expenses and Costs……………………………………………… 133 Title VI: General Rules for the Execution of Judgments and Acts…………… 135 Title VII: On Objections or Attachments………………………………………….. 138 Title VIII: On Attachment………………………………………………………………………….. 142 Title IX: On the Attachment of Unharvested Fruits………………………………………….. 150 Title X: On the Attachment of Rents Held by Individuals…. 151 Title XI: On Proportional Distribution……………………………………………… 155 Title XII: On Real Estate Attachment………………………………………………….. 158 Title XIII: On Incidents of Real Estate Attachment…………………….. 171 Title XIV: On the Order in Which Creditors Must Be Paid…………….. 179 Title XV: On Imprisonment………………………………………………………………………… 190 Title XVI: On Summary Proceedings…………………………………………………………………… 195 PART TWO: MISCELLANEOUS PROCEDURES BOOK ONE Title I: On Offers of Payment and Consignment…………. 199 Title II: On the Right of Owners over the Furniture, Effects, and Fruits of Their Tenants and Lessees, and on the Attachment of Property Against Transient Debtors……………………….. 200 Title III: On Attachment in Reivindication……………………………………….. 201 Title IV: On Subsequent Auctions in Cases of Voluntary Alienation……. 202 Title V: On the procedure to be followed to obtain a copy of an act, or to have it amended………………………………….. 205 Title VI: On certain provisions relating to the taking of possession of the property of an absentee……………………………………………….. 208 Title VII: On the authorization of a married woman……………………………….. 209 Title VIII: On the separation of property…………………………………………………………………… 209 Title IX: On personal separation……………………………………………………………………. 211 Title X: On the deliberations of the family council……………………………………… 212 Title XI: On interdiction………………………………………………………………………………….. 213 Title XII: On the benefit of assignment…………………………………………………………………………. 215 BOOK II:Procedures relating to the opening of an estate
Title I: On the Affixion of Seals Due to Death……………………………. 217 Title II: On Objections to the Breaking of Seals…………………………………….. 220 Title III: On the Breaking of Seals…………………………………………………………………… 221 Title IV: On the Formation of an Inventory…………………………………………………………….. 222 Title V: On the Sale of Furniture…………………………………………………………………….. 225 Title VI: On the Sale of Real Property Belonging to Minors…………….. 226 Title VII: On Partitions and Auctions………………………………………………………….. 229 Title VIII: On the Benefit of Inventory………………………………………………………………….. 233 Title IX: On the Renunciation of Community Property or Inheritances, and on the Sale of Dowry Real Estate 235 Title X: On the Curator of a Vacant Estate…………………………………………………. 235 BOOK III Sole Title: On Arbitration…………………………………………………………………………………………… 237 General Provisions………………………………………………………………………. 241
CODE OF CIVIL PROCEDURE OF THE DOMINICAN REPUBLIC PART ONE PROCEDURE BEFORE THE COURTS.
Art. Sole.- «In all laws, resolutions, decrees, regulations, ordinances, acts and forms in which it is said Mayor, Judge Mayor or Communal Mayor, it shall be understood that it is said Justices of the Peace, and the old designations will be valid as if they were the official designation of the place since January 10, 1947» (L. 1337 of January 26, 1947).
In all laws, resolutions, decrees, regulations or documents where it says "District of Santo Domingo" and "Common" it shall be understood that it means, respectively, National District and Municipality (Arts. 1 and 2 Law 4381 of February 10, 1956).
BOOK 1 OF THE JUSTICES OF THE PEACE TITLE I: ON THE COMPETENCE OF THE JUSTICES OF THE PEACE AND ON SUMMONS Art. 1.- (Modified by Laws 845 of July 15, 1978 and 38-98 of February 3, 1998). Justices of the peace hear all purely personal or movable property actions, in a single instance, both in civil and commercial matters, up to the sum of five hundred pesos, and the charge of appeal up to the value of one thousand pesos.
Paragraph 1.- (Modified by Laws 845 of July 15, 1978 and 38-98 of February 3, 1998). They have jurisdiction, without appeal, up to the value of five hundred pesos, and subject to appeal, up to the amount that sets the limit of the jurisdiction of the courts of first instance, that is, up to twenty thousand pesos: 1) On the disputes that arise between hoteliers or innkeepers and guests, and what concerns lodging expenses and loss or damage of effects deposited in the inn or inn; and 2) Between travelers and drivers of cargo by water and land, for delay, road expenses and loss or damage of the travelers' effects. Between these and the saddlers, manufacturers of panniers and saddlebags, for supplies, wages and repairs of tools and objects intended for travel.
Paragraph 2.- (Modified by Laws 845 of July 15, 1978 and 38-98 of February 3, 1998). They hear without appeal, up to the sum of three thousand pesos, and are subject to appeal for any amount to which the claim rises, actions concerning payment of rents or leases, evictions, claims concerning rescission of lease agreements based solely on the non-payment of rents or leases; evictions and removal from places; and claims concerning the validity and nullity of the seizure of household goods for the collection of rent. If the principal value of the lease agreement consists of fruits or goods or services in kind, estimable according to the market price, the appraisal will be made for the value on the due date of the obligation, if it is the payment of rent; in other cases it will be carried out for the market price in the month preceding the demand. If the main price of the lease agreement consists of services that cannot be estimated by the market price, or if it involves lease agreements with sharecropper settlers, the justice of the peace will determine his competence, after an appraisal by experts. Any appeal that may be lodged against the eviction judgment will not suspend its execution.
Paragraph 3.- (Modified by Laws 845 of July 15, 1978 and 38-98 of February 3, 1998). They have jurisdiction, without appeal, up to the value of three thousand pesos, and subject to appeal, up to twenty thousand pesos: 1) Of the compensations claimed by the tenant or lessee, for interruption of the usufruct or beneficial ownership, resulting from an act of the owner; 2) Of the deteriorations and losses in the cases provided for by articles 1732 and 1735 of the Civil Code; however, the justice of the peace does not have jurisdiction over losses caused by fire or flood, except within the limits established by the capital period of this article.
Paragraph 4.- (Modified by Laws 845 of July 15, 1978 and 38-98 of February 3, 1998). They also have jurisdiction without appeal, up to the amount of three thousand pesos, and subject to appeal, for any sum the claim may amount to: 1) Actions for damages caused to fields, fruits and crops, whether by man or by animals; and those relating to the clearing of trees, fences and the maintenance of ditches or canals intended for the irrigation of properties or the operation of industrial plants, when there is no dispute regarding property rights or easements; 2) Repairs to the tenant's premises of houses or rural properties placed by law at the tenant's expense; 3) Disputes relating to the respective agreements between day laborers hired on a daily, monthly or annual basis, and those who employed them; between owners and servants or wage earners; between masters of a trade and their workers or apprentices; 4) Disputes relating to breeding facilities; Regarding civil actions for verbal defamation and for public or non-public insults, verbal or written, other than through the press; the same actions for fights or acts of violence; and all this when the offended parties have not attempted the repressive route.
Paragraph 5.- (Modified by Law 845 of July 15, 1978). They also have jurisdiction over appeals: 1) Works undertaken during the year of the lawsuit concerning the course of waters used for irrigation of properties, and for the operation of industrial factories, or for the watering of livestock and animals in breeding areas, without prejudice to the powers of the administrative authority, in the cases determined by the laws and particular regulations; complaints of new construction, lawsuits, reinstatement actions and other possessory interdicts based on acts also committed within the year; actions for delimitation; and those relating to the distance prescribed by law, regulations and local custom, for planting trees or erecting palisades or fences, when no contradiction arises regarding ownership or titles; actions relating to the constructions and works mentioned in Article 674 of the Civil Code when ownership or the right of party wall of the wall is not disputed; of claims regarding alimony, provided that they do not exceed the sum of one thousand pesos annually, and only when they are attempted under articles 205, 206 and 207 of the Civil Code.
Paragraph 6.- (Modified by Laws 845 of July 15, 1978 and 38-98 of February 3, 1998). They are aware of all counterclaims or claims for compensation that, by their nature or amount, fall within the limits of their competence; even in the cases provided for in Article 1. said claims, together with the main one, exceed the amount of ten thousand pesos. They are also aware, regardless of their importance, of counterclaims for damages based exclusively on the same main claim.
Paragraph 7.- (Modified by Law 845 of July 15, 1978). When each of the main, counterclaims or compensation claims falls within the limits of the ultimate competence of the justice of the peace, decide without appeal. If one of these claims cannot be judged except on appeal, then the justice of the peace will not rule on all of them except on appeal. If the counterclaim or compensation claim exceeds the limits of the justice of the peace's jurisdiction, the justice may refrain from ruling on the main issue, or order the parties to appeal the whole matter to the court of first instance.
Paragraph 8.- (Modified by Laws 845 of July 15, 1978 and 38-98 of February 3, 1998). When the proceedings initiated by the same party contain several claims, the justice of the peace will judge in charge of appeal, if the total value exceeds three thousand gold pesos, even if some of the claims are less than that sum. The justice of the peace will be incompetent to hear the whole case if the claims gathered exceed the limit of his competence.
Paragraph 9.- (Modified by Law 571 of September 30, 1941). In cases where the seizure of household goods by tenants cannot be carried out except by judicial permission, this will be granted by the justice of the peace of the place where it is to be carried out.
Paragraph 10.- The justices of the peace also hear, on appeal, claims regarding land surveys, boundary marking and demarcation, in accordance with the terms prescribed by the current surveying law.
Paragraph 11.- (Added by Law 845 of July 15, 1978).
The justices of the peace will also hear all those actions or claims that are assigned to them by special provisions of the law.
Art. 2.- Summonses before the justices of the peace shall contain the date of the day, month and year; the names, profession and address of the plaintiff; names, dwelling, address and capacity of the bailiff; names and dwelling of the defendant; they shall summarily state the object of the claim, and the means on which it is based, indicating the justice of the peace who will hear it, and the day and time of the appearance.
Paragraph.- In purely personal or movable property matters, the summons will be made before the justice of the peace of the defendant's domicile; and if he does not have one, before the justice of the peace of his residence.
Art. 3.- The summons will be made before the justice of the peace of the place where the litigious object is located, provided that it is: 1st. Of the noxious actions, that is, the damage caused to the fields, fruits and crops; 2nd. Change of boundaries, usurpation of land, trees, palisades, ditches and other fences, provided that they have been committed within the year of the claim; as well as the enterprises that deal with the course of the waters and all other possessory actions or interdicts, serving as their basis the circumstance that they are attempted within the year of the disturbance; 3rd. Of the repairs to premises; 4th. Regarding the compensation claimed by the tenant or lessee whose enjoyment has been interrupted, provided that his right is not contradicted; and regarding the damages alleged by the owner; Art. 4.- (Modified by Law 3459 of December 24, 1982). All summonses will be served by a bailiff from the defendant's domicile, and a copy of it must be left for him. If no one is found at your address to whom you can deliver it, it will be left with the municipal trustee in the municipal capitals, and with the local mayor in the rural areas; and the original will be signed free of charge by said officials.
Art. 5.- (Modified by Law 136 of April 27, 1967).
Between the day of the summons and the day of the appearance, there will be at least one day, if the party resides at a distance of 30 kilometers. In case of non-compliance with said deadline, if the defendant does not appear, the justice of the peace will order that he be summoned again, with the plaintiff being responsible for the costs of the first summons.
Art. 6.- In urgent cases, in order to shorten the deadlines, justices of the peace may allow the summons by means of a summons, and even for the same day, at the time indicated.
Art. 7.- The parties may always appear spontaneously before a justice of the peace, who will hear their differences, either as a last resort, if the laws or the parties authorize it, or in charge of appeal, even if he is not their natural judge, neither by reason of the domicile of the defendant nor of the seat of the litigious case.
Paragraph.- The parties requesting this type of trial must sign the document extending the jurisdiction of the justice of the peace, and if they do not know how to do so, this must be stated in the act.
TITLE II: ON THE HEARINGS OF THE JUSTICE OF THE PEACE AND APPEARANCE OF THE PARTIES Art. 8.- Justices of the peace will have hearings every day, and may judge even on Sundays and holidays, both morning and afternoon, and even hold hearings in their home, provided that it is with open doors.
Art. 9.- The parties shall appear on the day set by the summons, or on the day they have agreed, either personally, or through a representative, without any notification of defense or written pleading being allowed.
Art. 10.- The parties will explain themselves to the justice of the peace with all moderation, observing the decorum and respect due to justice. If anyone violates this precept, the justice of the peace will give him a warning for the first time; and in case of recidivism, he may impose a fine not exceeding five pesos, with the sentence posted in the premises of the justice of the peace court.
Art. 11.- In the case of insult or serious irreverence against the justice of the peace, he will draw up a report about it, condemning the guilty party or parties to three days in prison.
Art. 12.- The judgments pronounced in the cases determined by the preceding articles shall be provisionally enforceable.
Art. 13.- The parties or their representatives will be heard in an adversarial manner. His case will be decided immediately, or at the first hearing, with the justice of the peace requiring the deposit of documents whenever he deems it necessary.
Art. 14.- When any of the parties expresses their will to register falsely, denies any document or declares that they do not recognize it, the justice of the peace will give proof of this, initial the document, and send the case to the judges who should hear it.
Art. 15.- In cases where an interlocutory order has been issued, the case will be definitively decided within four months from the date of the interlocutory order; after which time the proceedings will be extinguished by law, and the judgment that has been pronounced on the merits will be appealable even in matters that are heard by the justice of the peace as a last resort and annulled at the request of the interested party. When the proceedings are terminated due to the fault of the justice of the peace, the damages will be his responsibility.
Art. 16.- (Modified by Law 845 of July 15, 1978).
Appeals against judgments issued by justices of the peace will not be admissible after fifteen days from the date of notification to persons domiciled in the same municipality. As regards persons domiciled outside the municipality, they have, in addition to the fifteen days, the term set by articles 73 and 1033 of this Code to file their appeal.
Art. 17.- The provisional execution of judgments without bond will be ordered whenever there is an authentic title, recognized promise or prior conviction that has not been appealed. In other cases, the justice of the peace may order the provisional execution of his sentences without bail, notwithstanding appeal, provided that it concerns alimony payments or that the sum does not exceed seventy pesos; or in charge of providing bail, when it exceeds said sum. The bail will be received by the justice of the peace.
Paragraph.- When there is danger in the delay, provisional execution may be ordered, with or without bail, in the draft of the judgment, in accordance with the distinctions contained in this article.
Art. 18.- Appeals against rulings improperly classified as having been issued in the first instance, or which, being by their nature a last resort, do not express this, will be inadmissible. The rulings issued as a last resort may be appealed if they address issues of competence, or matters that the justice of the peace cannot hear except in the first instance. However, if the justice of the peace has declared himself competent, the appeal may not be filed until after the final ruling.
Paragraph.- The secretary will write down on the hearing sheet the minutes of every sentence, signing them at the bottom the acting justice of the peace and the said secretary.
TITLE III: ON DEFAULT JUDGMENTS AND OPPOSITIONS TO THEM Art. 19.- (Modified by Law 845 of July 15, 1978).
If the defendant does not appear on the day indicated by the summons, the case will be decided on the merits by a judgment deemed contradictory when the decision requested by the plaintiff is subject to appeal or when the summons has been served on the defendant or his representative.
Art. 20.- (Modified by Law 845 of July 15, 1978).
The opposition will be admissible against the final judgment issued by default if the defendant has not been summoned in person or if he justifies that he has been unable to appear or be represented. It must be filed within fifteen days of the notification of the sentence made by the bailiff commissioned by the judge.
The opposition shall summarily contain the means of the party, and summons to the next hearing day, observing, however, the time limits prescribed for the summons; it shall indicate the day and time of the appearance, and shall be notified as stated above.
Article 156 will be applied to judgments for defects, as well as to judgments deemed contradictory, by virtue of Articles 19 and 20. However, the notification will mention the time limits for opposition or appeal to the Justice of the Peace Court.
Art. 21.- (Modified by Law 845 of July 15, 1978).
If the plaintiff does not appear, the judge will discharge the defendant from the lawsuit, by a judgment that will be considered contradictory.
Art. 22.- The opposing party who for the second time allows himself to be condemned in default, will be ineligible to attempt a new opposition.
TITLE IV: ON JUDGMENTS ON POSSESSORY ACTIONS AND INTERDICTS Art. 23.- Possessory actions or interdicts shall not be admitted except as long as they have been initiated within the year of the disturbance, by those who at least one year before were in peaceful possession of the litigious object by themselves or by their predecessors, whether by title or not precarious.
Art. 24.- When possession or disturbance is disputed, the information ordered to ascertain it may not have as its object the substance of the right.
Art. 25.- Possession can never be combined with petition.
Art. 26.- The plaintiff in the petition may not exercise further action on the possessory.
Art. 27.- The plaintiff in possessory matters may not attempt the petitory action until after the instance on possessory matters has completely ended. In the event of having succumbed, he may not attempt the petitory action until after having fully satisfied all the condemnations. However, if the party that obtained them is in delay in liquidating them, the judge of the petition may set a deadline for that liquidation, after the expiration of which the petition action will be admissible.
TITLE V: ON JUDGMENTS THAT ARE NOT FINAL AND THEIR EXECUTION Art. 28.- No copy of a non-final judgment shall be issued when it is given contradictorily against parties present. In those cases where the judgment orders an operation to which the parties must attend, it will set the place, day and time and its simple pronouncement will serve as a summons.
Art. 29.- If the judgment orders expert judgment, the justice of the peace will issue a summons to the diligent party to call the experts or specialists, with designation of the place, day and time, with insertion of the fact, reasons and operative part of the judgment relating to the operation decreed. When the judgment orders an informative hearing, the summons will mention the date of the judgment, and will specify the place, day and time in which it must be carried out.
Art. 30. Whenever the justice of the peace travels to the place in dispute, whether to visit it or to hear witnesses, he will be accompanied by the secretary, who will carry with him the minutes of the preparatory sentence.
Art. 31. No appeal of judgments shall be admitted except after the final judgment has been pronounced and together with the appeal of this judgment; but the execution of preparatory judgments shall in no way prejudice the rights of the parties, as regards the appeal, without them having to make any protests or reservations in any way.
As regards interlocutory judgments, an appeal is admissible before the final judgment; and in this case, a copy of the interlocutory judgment will be issued.
TITLE VI: ON THE REQUIREMENT TO THE GUARANTORS Art. 32.- If on the first day of the appearance, the defendant requests that his guarantor be summoned to protect him in court, the justice of the peace will grant sufficient time, taking into account the distance between the justice of the peace and the domicile of the guarantor; and the summons for the latter will be free or explanatory of the causes, and the grounds of the action; and without it being necessary to notify him of the judgment that calls him in guarantee.
Art. 33.- If the remedy has not been requested on the day of the first appearance, or if the summons was not made within the fixed period, the judgment of the main action will be made without delay, without prejudice to ruling separately on the guarantee claim.
TITLE VII: ON NEWS ART. 34.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978).
Art. 35.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978).
Art. 36.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978).
Art. 37.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978).
Art. 38.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978).
Art. 39.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978).
Art. 40.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978).
THE INFORMATIVE GENERAL PROVISIONS Art. 73.- In all matters and before all jurisdictions when the information is ordered, the contrary evidence may be made by witnesses without it having to be ordered.
Art. 74.- Every person may be heard as a witness, except those affected by an incapacity to give testimony in court.
People who cannot give testimony may nevertheless be heard under the same conditions, but without taking an oath. However, the descendants may never be heard on the grievances invoked by the spouses in support of a divorce claim.
Art. 75.- He is obliged to declare anyone who is legally required for such purposes. People who can justify a legitimate reason may be excused from making a statement. Relatives or in-laws in the direct line of one of the parties or their spouse may also refuse, even when the spouse is divorced.
Art. 76. Witnesses who fail to appear may be summoned at their own expense if their testimony is deemed necessary.
Witnesses who fail to appear and those who without legitimate reason refuse to testify or take an oath may be sentenced to a civil fine of RD$10.00 to RD$100.00.
If the witness proves that he/she could not appear on the scheduled day, he/she may be exempt from the fine and the summons costs.
Art. 77.- The judge will hear the witnesses in their statements separately and in the order that he determines.
Witnesses will be heard in the presence of the parties or in their absence if they have been duly summoned.
Exceptionally, the judge may, if circumstances require, invite a party to withdraw while reserving the right for that party to immediately become aware of the statements of witnesses heard outside of their presence.
The judge may, if there is a risk that the evidence will disappear, proceed without time limit to the hearing of a witness after having, if possible, summoned the parties.
Art. 78.- The information session will take place in the presence of the lawyers of all parties or in their absence if they have been summoned.
Art. 79.- The witnesses shall declare their surnames, names, personal identification number, date and place of birth, their address, residence and profession, as well as, if applicable, their relationship of kinship or affinity with the parties, their subordination with respect to them, their collaboration or community of interests with them.
Art. 80.- Persons who are heard as witnesses shall swear to tell the truth. The judge will warn them that they will incur penalties of fines and imprisonment in case of false testimony.
Those who are heard without taking an oath will be informed of their obligation to tell the truth.
Art. 81.- Witnesses may not read any project, draft or notes.
Art. 82.- The judge may hear or question witnesses about all facts for which the law admits evidence, even if these facts are not indicated in the decision ordering the information.
Art. 83.- The parties must not interrupt, question or try to influence the witnesses who testify, nor address them directly, under penalty of exclusion.
The judge will ask, if he deems it necessary, the questions submitted by the parties after the questioning of the witness.
Art. 84.- The judge may hear the witnesses again, confront them with each other or with the parties; if necessary, he will proceed to the hearing in the presence of a technician.
Art. 85.- Unless they have been permitted or required to leave after having testified, witnesses shall remain at the disposal of the judge until the closing of the hearing or the debates. They will be able to make additions or changes to their declarations until that time.
Art. 86.- If a witness justifies that he is unable to appear on the indicated day, the judge may grant him a period or move to receive his statement.
Art. 87.- The judge conducting the investigation may, on his own initiative or at the request of the parties, summon or hear any personnel whose testimony he deems useful to clarify the truth.
Art. 88.- The statements will be recorded in a report. However, if they are received during the course of the debates, mention will only be made in the judgment of the names of the persons heard and the outcome of their statements when the matter is to be judged immediately in the final instance.
Art. 89.- The record must mention the presence or absence of the parties, their surnames, names, personal identification number, date and place of birth, address, residence and profession of the persons heard as well as, if applicable, the oath taken by them and their declarations relating to their relationship of kinship or affinity with the parties, subordination with respect to them, collaboration or community of interests with them.
Each person heard will sign the record of their statement, after it has been read, or certify it as being in accordance with their statements, in which case mention will be made of it in the record. If necessary, the refusal or impossibility of signing or certifying it will be indicated.
The judge may record in the minutes his observations regarding the witness's behavior during his hearing.
The observations of the parties will be recorded in the minutes or attached to them when written.
The documents provided to the newsletter will also be attached.
The minutes will be dated and signed by the judge and, if applicable, by the Clerk.
Art. 90.- The judge will authorize the witness who requests it, to receive the compensation to which he may claim for the expenses incurred.
THE ORDINARY NEWS 1.- Determination of the facts to be proven.
Art. 91.- The party requesting information must specify the facts for which it intends to provide evidence.
It is up to the judge who orders the report to determine the relevant facts to be proven.
- – Designation of Witnesses
- – Determination of the Mode and Schedule of the News Program.
- – Calling of the Witnesses
BOOK II: OF THE COURTS OF FIRST INSTANCE TITLE I: (Amended by Law 5119 of May 4, 1959).
OF THE OPTIONAL PRESERVATIVE MEASURES PRIOR TO THE LAWSUIT Art. 48.- (Modified by Law 845 of July 15, 1978).
In case of urgency, and if the collection of the debt appears to be in danger, the judge of first instance of the debtor's domicile or of the place where the assets to be seized are located may authorize any creditor who has a debt that seems justified in principle, to seize the movable assets belonging to his debtor as a precautionary measure.
The credit will be considered in danger and therefore there will be urgency when evidence is provided of such a nature that it allows one to suppose or fear the imminent insolvency of the debtor, which will be stated in the order issued by the judge, as well as the sum for which the attachment is authorized and the period in which the creditor must sue before the competent judge for the validity of the precautionary attachment or on the merits, all under penalty of nullity of the attachment.
The judge may require the creditor to provide prior proof of sufficient solvency or to present a guarantor or a bond, which will be done in the secretariat or in the hands of a sequestrator, without the need to fulfill the formalities prescribed by article 440 of the Code of Civil Procedure.
The interested party may appeal to the same judge who issued the order.
The order will be executed on the record and notwithstanding any appeal.
Art. 49.- The record of the precautionary attachment will be notified to the debtor together with the claim for validity or on the merits.
Art. 50.- Within one month of notification of the attachment order, the debtor may have the precautionary attachment lifted by means of a request addressed to the judge of summary proceedings, by depositing with the custodian that the latter may appoint the sums necessary to guarantee the causes of the attachment, in principal, interest and costs.
The values thus recorded will be affected by the payment of the credit of the pursuer with priority over the others when the litigious credit has been the subject of a judicial decision that has acquired the authority of res judicata.
The court in charge of the litigation or the judge of the referrals may order the cancellation, reduction or limitation of the attachment, at any stage of the proceedings, when there are serious and legitimate reasons.
Art. 51.- The seizure record must contain, under penalty of nullity, a precise and detailed designation of the seized assets as well as the choice of domicile in the municipality where the seizure is made, if the creditor does not reside in that place.
The debtor may make all kinds of notifications and appeals at that chosen address, including real offers and consignment.
Articles 585, 587 to 593, and 596 to 602 of this Code shall apply to the act of precautionary attachment.
Art. 52.- If the movable property belonging to the debtor is in the hands of third parties, the procedures established for attachment or seizure in recovery shall be followed.
Art. 53.- The judgment that validates the precautionary attachment of the movable property will convert it by right into an executive attachment, without the need for a new attachment record to be drawn up, and the one that denies the validation of the precautionary attachment will be worth lifting the same.
Art. 54.- The judge of first instance may also, in the same forms and conditions prescribed in article 48, authorize the creditor to take a provisional registration of judicial mortgage on some or all of the real estate of his debtor.
This provisional registration will only be effective for three years; however, it may be renewed indefinitely for the same period by presenting the document that authorized the first registration.
The creditor must file a claim on the merits within the period indicated in the order authorizing the mortgage registration, under penalty of nullity of the registration.
Within two months of the date on which the judgment on the merits has acquired the authority of res judicata, the creditor must convert the provisional registration into a definitive registration, which will produce its effects retroactively from the date of the first registration and will be done at no cost. The creditor will pay the fees and expenses only once.
In the absence of definitive registration within the indicated period of two months, the provisional registration will be retroactively without effect and its cancellation may be requested by any interested person, at the expense of the one who took the registration and by virtue of an order issued by the judge who authorized it.
Art. 55.- When the value of the properties affected by the provisional registration, authorized in accordance with the preceding article, is clearly higher than the amount of the sums registered, the debtor may limit its effects, at any time, by the judge of the summary proceedings or by the judge who hears the merits of the claim, by notification that the properties that are reserved have at least a value double the amount of the credit in principal, interest and expenses.
Art. 56.- The creditor shall notify the order authorizing the provisional registration of the judicial mortgage within the fortnight of its registration, choosing a domicile within the jurisdiction of the Mortgage Registry or the Registry of Titles where the registration has been made.
Article 50 may be applied to the provisional registration of the judicial mortgage.
If the credit is not recognized by the judgment that decides on the merits, the cancellation of the mortgage registration made provisionally will be done when said judgment has acquired the authority of res judicata, either by virtue of the same or by decision of the judge who authorized the provisional registration.
Art. 57.- Any alienation free of charge of an attached movable property is null and void, if it has not acquired a certain date with authority to the notification of the act of conservatory attachment.
After the registration of the mortgage made in accordance with Articles 54 and 55, the debtor may not lease without judicial authorization, nor establish real rights enforceable against the pursuing creditor, nor receive in advance or assign rents for more than three months, under penalty of nullity.
Art. 58.- If, in carrying out a precautionary attachment, the bailiff finds that the goods have already been attached, he shall proceed to verify them in accordance with the attachment record, which the debtor must present to him, and shall record this verification in his own record; otherwise, he shall appeal to the judge of summary proceedings, after having placed a guard at the doors if necessary.
The verification report will be notified to the first attaching creditor, and this notification will be valid as an objection to the proceeds of the sale.
TITLE II: ON THE LOCATIONS Art. 59.- In personal matters, the defendant shall be summoned to the court of his domicile: if he has no domicile, to the court of his residence: if there are many defendants, to the court of the domicile of one of them, at the option of the plaintiff.
In real matters, before the court where the subject of the litigation is located.
In mixed matters, for before the court where the litigious object is located, or for before the court of the domicile of the defendant.
In matters of company, as long as it exists, before the court of the place where it is established.
In matters of succession, before the court where it has been opened, in the following cases: 1st. in lawsuits between heirs, up to and including the division; 2nd. in the claims brought by the creditors of the deceased before the division; and 3rd. in matters relating to the execution of testamentary provisions, until the final judgment.
In bankruptcy matters, before the court of the bankrupt's domicile.
Regarding the guarantee, for the court before which the original claim is pending.
Finally, in the case of choice of domicile, for the execution of an act, before the court of the designated domicile, or that of the actual domicile of the defendant, in accordance with article 111 of the Civil Code.
Art. 60. Claims brought by lawyers and ministerial officers for payment of fees will be discussed before the court where said fees were incurred.
Art. 61.- (Modified by Law 296 of May 31, 1940). The summons shall state, under penalty of nullity: 1st. The common, the place, day, month and year of the summons; the names, profession and address of the plaintiff; the designation of the lawyer who will defend for him with expression of the study of the same, permanent or ad hoc, in the city where the court called to hear the matter has its seat, study in which the petitioner will be considered to have chosen domicile, if by the same act he does not do so, expressly in another place of the same city, except special provisions of the law; 2o. the name and residence of the bailiff and the court where he performs his duties; the names and residence of the defendant; and the name of the person to whom the copy of the summons is delivered; 3. the object of the claim, with a summary exposition of the means; and 4th. the indication of the court that should hear the claim, as well as the deadline for appearance.
Art. 62.- If the bailiff has to leave the town to serve the summons, he will be paid his per diem, in accordance with the court costs tariff.
Art. 63.- No summons will be served on legal holidays without permission from the president of the court that is to hear the case.
Art. 64.- In real or mixed matters, the locations shall express, under penalty of nullity, the nature of the estate, the common and, as far as possible, the section or place in which it is located; two of the boundaries, at least; if it is a house, the street and the number, if there is one, shall be expressed: if it is a rural property or farm or farm, it will be enough to designate the name and the situation of them.
Art. 65.- (Modified by Law 5210 of September 11, 1959). The summons will include a copy of the documents, or the part of those documents on which the claim is based. In the absence of these copies, the costs that the plaintiff was obliged to produce during the proceedings will not be regulated.
Art. 66.- The bailiff may not authorize the acts required by his relatives and in-laws, nor those of his wife, in the direct line, to infinity; and in the collateral line, up to and including first cousin: the whole under penalty of nullity.
Art. 67.- Bailiffs are obliged to state the value of the summons, both in the original and in the copy under penalty of one peso, which will be made effective upon registration of the act.
Art. 68.- (Modified by Law 3459 of September 24, 1952). The summonses must be served on the same person, or at their home address, leaving them a copy. If the bailiff does not find the person being summoned or any of his relatives, employees or servants at this address, he shall deliver the copy to one of the neighbors, who shall sign the original. If the neighbor does not want to or cannot sign, the bailiff will deliver the copy to the municipal trustee, or whoever acts in his stead, if it is in the head of a municipality, and to the local mayor if it is in the countryside. These officials must endorse the original, free of all expenses. The bailiff will mention everything, both in the original and in the copies.
Art. 69.- It will be placed: 1st. (Repealed by Art. 21 of Law 1486 of March 20, 1938); 2nd. (Repealed by Art. 21 of Law 1486 of March 20, 1938); 3rd. (Repealed by Art. 21 of Law 1486 of March 20, 1938); 4th. (Amended by Law 3459 of December 24, 1952). To the municipalities, in the person or at the address of the respective municipal trustee; and to the National District, in the person or at the address of the President of the City Council of the National District; 5th. For commercial companies, while they exist, at the company's registered office; and if there is no registered office, in the person or domicile of one of the partners; 6th. To the competitions and creditors' leagues, in the person or at the domicile of one of the trustees; 7th. For those who have no known address in the Republic, at their current place of residence; if that place is not known, the summons will be posted on the main door of the premises of the court that must grant the claim, delivering a copy to the prosecutor, who will endorse the original; 8th. Those who are established abroad will be summoned at the address of the prosecutor of the court that must hear the case; the prosecutor will endorse the original and send the copy to the Minister of Foreign Affairs; Art. 70.- What is prescribed in the two preceding articles shall be observed under penalty of nullity.
Art. 71.- If a summons is declared null due to the bailiff's fault, the bailiff may be ordered to pay the costs of the summons and the annulled proceedings; except for the damages of the party, according to the circumstances.
Art. 72.- The ordinary term for summonses, for those domiciled in the Republic, is the eighth.
In those cases that require speed, the president may, by order at the request of a party, allow that the summons be issued within a short term.
Art. 73.- (Modified by Law 1821 of October 14, 1948). If the place of business is located outside the Republic, the term will be as follows:
- – Alaska, Canada and Newfoundland, thirty days;
- – United States of America, Cuba, Haiti and Puerto Rico, fifteen days;
- – Mexico, Central America, including Panama and the rest of the Antilles, forty-five days;
- – South American states or territories with a coastline on the Caribbean Sea or the Atlantic, sixty days;
- – South American states or territories with a Pacific coastline and other parts of America, sixty-five days;
- – States or territories in Europe, excluding Russia, and States or territories in North Africa, sixty days;
- – Russia and other points on Earth, one hundred and twenty days.
The Powers of the President of the Court of Appeal
Art. 140.- In all cases of urgency, the president may order in summary proceedings, during the appeal process, all measures that do not conflict with any serious response or that justify the existence of a dispute. Art. 141.- The president may also, during the appeal proceedings, suspend the execution of the judgments improperly qualified in the last instance, or exercise the powers conferred upon him in matters of provisional execution. Art. 138.- The president, the judges, and the secretary will sign the sentence as soon as it is written; and mention will be made, in the margin of the hearing sheet, of the judges and the prosecutor who attended: this mention will be signed by the president and secretary. Art. 139.- Secretaries who issue a copy of a sentence before it has been signed will be prosecuted as forgers. Art. 140.- Both the Attorney General of the Supreme Court, as well as those of the lower courts, will inspect every month the registers where the judgments are recorded, to make sure that these provisions have been complied with: in the case of non-compliance, they will draw up a report to proceed as appropriate. Art. 141.- The wording of the judgments shall contain the names of the judges, the prosecutor and the lawyers; the names, professions and address of the parties; their conclusions, the summary statement of the points of fact and law, the grounds and the operative part. Art. 142.- The drafting will be done according to the qualities notified between the parties: consequently, the party that wants to obtain a copy of a contradictory judgment, will be obliged to notify the lawyer of his adversary; the qualities that contain the names, professions and addresses of the parties, the conclusions and the points of fact and law. Art. 143.- The original of this notification will remain in the hands of the court bailiffs for twenty-four hours. Art. 144.- The lawyer who wishes to oppose, either to the qualities, or to the statement of the points of fact and law, shall declare it to the bailiff of the court, who shall make mention of it in the original. Art. 145.- By a simple act of lawyer to lawyer, the parties shall settle with respect to that opposition before the judge who had presided; in the case of impediment of the latter, before the most senior judge, according to the order of taking possession. Art. 146.- The judgments will be headed and given in the name of the Republic. Art. 147.- When a lawyer has been appointed, the sentence may not be executed until after it has been notified to him, under penalty of nullity. Provisional and final judgments that pronounce convictions will also be notified to the party, in person or at their domicile, mentioning the notification made to the lawyer. Art. 148.- If the lawyer has died or closed his office, notification to the party will suffice; but mention will be made of the death or cessation of functions of the lawyer. TITLE VIII: ON DEFAULT JUDGMENTS, AND ON OPPOSITION TO THEMArt. 149.- (Modified by Law 845 of July 15, 1978).
If the defendant does not appear in the manner prescribed by law, or if the appointed lawyer does not appear on the day set for the hearing, the default will be declared. Paragraph.- If on the day set for the hearing the defendant does not conclude on the merits and merely proposes an exception or requests any investigative measure, the judge will rule in accordance with the provisions of the procedural rules governing the matter. Art. 150.- (Modified by Law 845 of July 15, 1978). The defect will be pronounced at the hearing by calling the case; the conclusions of the party that requires it will be accepted if they are found to be fair and based on legal evidence. However, the judges may order that the documents be deposited in the clerk's office, in order to issue a ruling at the next hearing. The opposition will be admissible against the final judgments issued by default against the defendant, if the defendant has not been summoned by an act notified to him or to his legal representative. Art. 151.- (Modified by Law 845 of July 15, 1978). In the case of multiple defendants, if one, several, or all of them have not appointed lawyers, the court will rule on the merits, by a judgment deemed contradictory with respect to all, when the decision is subject to appeal or when the defendants condemned in default have been summoned in person, or in the person of their legal representative. If the decision requested by the plaintiff is not subject to appeal, the defendant(s) who, not having been summoned in person, fail to appear, shall be summoned again by the bailiff commissioned by order of the president. The judgment pronounced after the expiration of the new summons period will be deemed contradictory with respect to all, provided that one of the defendants by the first or second act, has appointed a lawyer or has been summoned in person or in the person of his legal representative; otherwise, the defendants who have defaulted may form opposition to the judgment. Paragraph.- When several defendants have been summoned for the same purpose, within different time limits, or there has been a new summons pursuant to the preceding paragraph, no judgment will be made with respect to any of them before the expiration of the longest time limit. Art. 152.- (Repealed by Law 845 of July 15, 1978). Art. 153.- (Modified by Law 845 of July 15, 1978). The act of new summons referred to in the preceding provisions shall mention that the judgment to be issued will have the effects of a contradictory judgment. Art. 154.- (Repealed by Law 845 of July 15, 1978). Art. 155.- (Modified by Law 845 of July 15, 1978). Default judgments, whether or not deemed contradictory, shall not be executed while opposition or appeal is admissible, unless provisional execution is required by law or has been ordered. Art. 156.- (Modified by Law 845 of July 15, 1978). Every default judgment, as well as every judgment deemed contradictory by application of the law, shall be notified by a bailiff commissioned for this purpose, either in the judgment itself, or by an order of the president of the court that issued the judgment. The notification must be made within six months of the judgment being obtained, otherwise the judgment will be considered as not having been pronounced. The notification must, under penalty of nullity, mention the opposition period set by article 157 or the appeal period provided for in article 443, as the case may be. In the event of the expiration of the sentence, the procedure may not be renewed except by a new notification of the original summons. The defendant will be relieved of the costs of the first proceeding. Art. 157.- (Modified by Law 845 of July 15, 1978). The opposition, if admissible in accordance with Article 149, must, under penalty of forfeiture, be notified within 15 days from the notification of the sentence to the person of the convicted person or his representative, or at the home of the former. Art. 158.- (Repealed by Law 845 of July 15, 1978). Art. 159.- (Repealed by Law 845 of July 15, 1978). Art. 160.- When the default judgment has been pronounced against a party that has a lawyer, the opposition will not be received until it has been formed in writing, notified from lawyer to lawyer. Art. 161.- The document shall contain the means of opposition, unless the means of defense have not been notified before the judgment; in which case it will suffice to declare that they are used as means of opposition. Any objection not notified in this manner will not stop the execution; it will be dismissed by simple act, and without the need for any other procedure. Art. 162.- When the default judgment has been pronounced against a party that does not have a lawyer, the opposition may be formed, either by extrajudicial act, or by declaration made when notified of the payment orders, acts of attachment or imprisonment, or any other act of execution; with the obligation on the part of the opponent to reiterate it by means of the writing in the eighth, with the constitution of a lawyer; after this term, it will not be admissible and the execution will continue, without the need to have it ordered. If the lawyer of the party that has obtained the sentence has died or can no longer defend, the party will notify the condemned party in default of the new constitution of lawyer; and this is obliged, in the terms expressed above, counted from the day of the notification, to reiterate the opposition by means of the written, constituting lawyer. Under no circumstances will objections submitted after the written document be included in the valuation. Art. 163.- A register will be kept in the court clerk's office, in which the opponent's lawyer will make a summary mention of the opposition, stating the names of the parties, their lawyers, and the date of the default judgment and of the opposition: the registration fee will not be paid except in the case in which a copy is made. Art. 164.- No default judgment shall be executed against a third party, except by proving, with the certification of the secretary, that there is no opposition in the register. Art. 165.- In no case may an objection be accepted against a judgment that has dismissed the first objection formed. TITLE IX: ON EXCEPTIONS Paragraph 1. Regarding the bond that foreigners must provide. Art. 166.- (Modified by Art. 2 of Law 295 of 1919). A foreign transient acting as the main plaintiff or intervening before any court or tribunal of the Republic, other than a justice of the peace, if the defendant proposes it before any other exception, must secure in advance the payment of costs and damages to which he may be condemned. Art. 167.- (Modified by Art. 2 of Law 295, of May 21, 1919). The sentence imposing the bail will also set its amount. If the foreigner deposits the sum set by the sentence into the treasury, or if he proves that he owns real estate in the Republic, which is able to guarantee the payment of that sum, he will be exempt from giving the bond. Second paragraph - Of the Declinatory Pleadings. Art. 168.- (Repealed and replaced by articles 1 to 34 of Law 834 of July 15, 1978). Art. 169.- (Repealed and replaced by articles 1 to 34 of Law 834 of July 15, 1978). Art. 170.- (Repealed and replaced by articles 1 to 34 of Law 834 of July 15, 1978). Art. 171.- (Repealed and replaced by articles 1 to 34 of Law 834 of July 15, 1978). Art. 172.- (Repealed and replaced by articles 1 to 34 of Law 834 of July 15, 1978), whose texts are as follows: Procedural Exceptions Art. 1.- Any means that tends to make the irregular or extinguished procedure or to suspend its course constitutes an exception to the procedure. Art. 2.- The exceptions must, under penalty of inadmissibility, be presented simultaneously and before any defense on the merits or grounds for inadmissibility. The same procedure will be followed when the rules invoked in support of the exception are of public order. The demand for communication of documents does not constitute a cause for inadmissibility of the exceptions. The provisions of the first paragraph are not obstacles to the application of Articles 21, 35 and 40 either. Exceptions of Lack of Jurisdiction The lack of jurisdiction promoted by the parties Art. 3.- If it is claimed that the jurisdiction in charge is incompetent, the party promoting this exception must, under penalty of inadmissibility, provide reasons for it and make known in all cases before which jurisdiction it demands that it be taken. Art. 4.- The judge may, in the same judgment, but by different provisions, declare himself competent and rule on the merits of the dispute, except to put the parties in prior notice of concluding on the merits, in a next hearing to be held within a period that will not exceed 15 days, from the hearing. Art. 5.- When the judge does not rule on the merits of the dispute, but the determination of jurisdiction depends on a substantive issue, the judge must, in the operative part of the judgment, rule on this substantive issue and on jurisdiction by different provisions. The Appeal Art. 6.- If the judge declares himself competent and rules on the merits of the dispute in the same judgment, this could only be challenged by way of appeal, either with respect to the whole of its provisions if it is susceptible of appeal, or the part of the operative part that refers to the competence in the case that the decision on the merits was rendered in the first and last instance. Art. 7. When the Court revokes the part relating to jurisdiction, it shall nevertheless rule on the merits of the dispute whether the decision challenged is subject to appeal in its entirety and whether the Court is the appellate jurisdiction in relation to the jurisdiction it considers competent. In the other cases, the court, upon revoking the part relating to the jurisdiction of the challenged decision, will refer the matter back to the Court that is the appellate jurisdiction relative to the jurisdiction that was competent at first instance. This decision will be binding on the parties and the referral court. The Challenge (Le Contredit) Art. 8.- When the judge rules on the jurisdiction without ruling on the merits of the dispute, his decision can only be challenged by way of appeal (le contredit) even if the judge has decided the merits of the matter on which the jurisdiction depends. Subject to the particular rules on the expert opinion, the decision cannot be challenged on the grounds of competence except by way of appeal (le contredit) when the judge rules on competence and orders an investigative measure or a provisional measure. Art. 9.- If the judge declares himself competent, the proceedings are suspended until the expiration of the period for attempting the challenge (le contredit) and, in case of challenge (le contredit) until the appeal court has rendered its decision. Art. 10.- The challenge (le contredit) must, under penalty of inadmissibility, be reasoned and delivered to the secretary of the court that has rendered the decision, within 15 days of this. The submission of the objection (le contredit) is only accepted if its author has paid the expenses relating to the objection (le contredit). A receipt for this submission will be issued. Art. 11.- The secretary of the court that has rendered the decision shall notify the opposing party without time limit of a copy of the challenge (le contredit) by registered letter with acknowledgment of receipt, and shall also inform its representative if there is one. At the same time, he will transmit to the Secretary of the Court the case file with the challenge (le contredit) and a copy of the judgment; he will also proceed to send the sums relating to the expenses of the proceedings before the court. Art. 12.- The president sets the date of the hearing, which must take place as soon as possible. The court clerk will inform the parties by certified letter with acknowledgment of receipt. Art. 13.- The parties may, in support of their argument, deposit all written observations that they deem useful. These observations, approved by the judge, will be deposited in the file. Art. 14.- The court will refer the matter to the jurisdiction it deems competent. This decision is binding on the parties and the judge of referral. Art. 15.- The court clerk will immediately notify the parties of the judgment by certified letter with acknowledgment of receipt. The time limit for the appeal in cassation begins from the date of this notification. Art. 16.- The costs relating to the challenge (le contredit) are borne by the party that loses on the issue of jurisdiction. If that party is the author of the challenge (le contredit) he may also be sentenced to a civil fine of RD$25.00 to RD$1,000.00, without prejudice to the damages that may be claimed from him. Art. 17.- When the court is an appellate jurisdiction with respect to the jurisdiction it considers competent, it may take up the merits if it considers it just to give the matter a definitive solution, after having ordered, if necessary, an investigative measure. Art. 18.- When she decides to assume jurisdiction, the court invites the parties, if necessary, by certified letter with acknowledgment of receipt, to appoint a lawyer within the period she sets, if the rules applicable to the appeal of decisions rendered by the jurisdiction from which the judgment appealed by way of challenge (le contredit) originates impose this constitution. If neither party appoints a lawyer, the court may dismiss the matter ex officio by reasoned decision not subject to appeal. A copy of this decision is brought to the attention of each of the parties by a simple letter addressed to their home or residence. Art. 19.- When the court considers that the decision that is deferred to it by way of challenge (le contredit) should have been by way of appeal, it does not cease to be empowered. The matter is then investigated and judged according to the rules applicable to the appeal of decisions rendered by the jurisdiction from which the appealed judgment originates by way of challenge (le contredit). If, according to these rules, the parties are required to appoint a lawyer, the appeal is declared inadmissible ex officio if the one who filed the challenge (le contredit) has not appointed a lawyer within the month of the notice given to the parties by the secretary. The Incompetence Promoted Ex Officio Art. 20.- Incompetence may be declared ex officio in case of violation of a rule of attribution competence, when this rule is of public order. It can only be so in this case. Before the Court of Appeal and the Court of Cassation, this lack of jurisdiction may only be declared ex officio if the matter falls under the jurisdiction of a repressive or administrative court, or escapes the knowledge of any Dominican court. Art. 21.- In matters of non-contentious jurisdiction, the judge may declare ex officio his lack of territorial competence. In contentious matters, it may only do so in disputes relating to the status of persons or in cases where the law attributes exclusive competence to another jurisdiction. Art. 22.- The appeal route (le contredit) is the only one open when a jurisdiction ruling in the first instance declares itself incompetent ex officio. Common Provisions Art. 23.- When the judge, in ruling on the jurisdiction, resolves the substantive issue on which that jurisdiction depends, his decision will have the authority of res judicata on the substantive issue. Art. 24.- When the judge considers that the matter falls under the jurisdiction of a repressive, administrative, arbitral or foreign jurisdiction, he shall limit himself to declaring that the parties should resort to the corresponding jurisdiction. In all other cases, the one who declares himself incompetent shall designate the jurisdiction he deems competent. This designation will be binding on the parties and the referring judge. Art. 25.- In the event of referral to a designated jurisdiction, the case file is immediately transmitted to it by the clerk, with a copy of the referral decision. However, the transmission only occurs in the absence of the challenge (le contredit) within the deadline, when this avenue was open against the decision to forward. From the receipt of the file, the parties are invited to pursue the case by certified letter with acknowledgment of receipt from the secretary of the designated jurisdiction. When the parties are required to be represented before this court, the case is officially dismissed if none of them have appointed a lawyer, within the month of the notice given to them. When the referral is made to the jurisdiction that had originally been seized, the instance is pursued at the diligence of the judge. Art. 26.- The appeal route is the only one open against the orders of referral and against the orders of the judge in matters of divorce. Art. 27.- By derogation of the rules of this section, the court may not be empowered except by way of appeal when incompetence is invoked or declared ex officio because the matter is within the competence of an administrative jurisdiction. The Exceptions of Lis Pendens and Convexity Art. 28.- If the litigation is pending before two jurisdictions of the same level equally competent to hear it, the jurisdiction seized second must relinquish power in favor of the other if one of the parties requests it. Alternatively, it can do so ex officio. Art. 29.- If there exists between matters brought before two different jurisdictions such a link that it is in the interest of good justice to have them investigated and judged jointly, one of these jurisdictions may be requested to relinquish and refer the matter to the other jurisdiction. Art. 30.- When the jurisdictions in charge are not of the same level, the exception of lis pendens or connection can only be promoted before the jurisdiction of the lower level. Art. 31.- The exception of connection may be proposed at any stage of the proceedings, except to be dismissed if it has been promoted late with a dilatory intention. Art. 32.- Appeals against decisions rendered on lis pendens or relatedness by the first instance jurisdictions are made and judged as in matters of exception of incompetence. In cases of multiple appeals, the decision belongs to the appeals court that was first seized, which, if it makes the exception right, assigns the matter to the jurisdiction that, according to the circumstances, seems best placed to hear it. Art. 33.- The decision rendered on the exception, whether by the jurisdiction that is empowered, or as a result of an appeal, is binding on both the jurisdiction of referral and the one whose dispossession was ordered. Art. 34.- In the event that the two jurisdictions have relinquished power, the last intervened decision will be considered as not pronounced. Third paragraph. The Nullities. Art. 173.- (Repealed and replaced by articles 35 to 43 of Law 834 of July 15, 1978), whose texts are as follows: The Exceptions of Nullity The nullity of acts due to a defect in form Art. 35.- The nullity of procedural acts may be invoked as they are carried out; but it will be covered if the one invoking it has made, after the criticized act, defenses on the merits or opposed a means of inadmissibility without promoting the nullity. Art. 36.- All means of nullity against procedural acts already made, must be invoked simultaneously, under penalty of inadmissibility of those that have not been invoked in this way. Merely appearing to propose the annulment of a procedural act does not cover that annulment. Art. 37.- No procedural act may be declared null due to a formal defect if the reality is not expressly provided for by law, except in the case of non-compliance with a substantial formality or one of public order. The nullity cannot be pronounced except when the adversary who invokes it proves the harm caused by the irregularity, even if it is a substantial formality or a matter of public order. Art. 38.- The nullity will be covered by the subsequent regularization of the act if no expiration has intervened and if the regularization does not leave any grievance remaining. The nullity of acts due to substantive irregularity Art. 39.- The following constitute substantive irregularities that affect the validity of the act: The lack of capacity to act in justice. The lack of power of a party or of a person who appears in the process as a representative, whether of a legal entity, or of a person affected by an incapacity to exercise. The lack of capacity or power of a person who ensures the representation of a party in justice. Art. 40.- Exceptions of nullity based on non-compliance with the substantive rules relating to procedural acts may be proposed at any stage of the proceedings, except for the possibility for the judge to condemn to damages those who have abstained with dilatory intent from promoting them previously. Art. 41.- Exceptions of nullity based on non-compliance with the substantive rules relating to procedural acts must be accepted without the one invoking them having to justify a grievance and even if the nullity does not result from any express provision. Art. 42.- Exceptions of nullity based on non-compliance with the substantive rules relating to procedural acts must be invoked ex officio when they have a public policy character. The judge may invoke the nullity ex officio due to lack of capacity to act in justice. Art. 43.- In the case where it is susceptible to being covered, the nullity will not be pronounced if its cause has disappeared at the time the judge rules. Paragraph 4. On Dilatory Exceptions. Art. 174.- The heir, the widow, the woman separated from the body or property, summoned by effect of the community, will have three months, counted from the day on which the succession is opened or from the day on which the community has been dissolved, to make inventories, and forty days to deliberate: if the inventory has been made before the three months, the term of forty days will begin from the day on which that one was finished. If they justify that the inventory could not be done in three months, they will be granted a convenient term to do it, and forty days to deliberate; which will be decided summarily. However, the heir retains the power, once the terms expressed above have expired, to make an inventory and assume the status of beneficiary heir, provided that he has not acted as an heir, or that there is no judgment against him based on the authority of res judicata, which condemns him as a pure and simple heir. Art. 175.- Anyone claiming to have the right to call another party as guarantor shall be obliged to do so within eight days of the original claim, plus one day for every three leagues. When there are many guarantors interested in the same guarantee, there will be only one term for all, which will be arranged according to the distance of the place of residence of the most distant guarantor. Art. 176.- When the guarantor claims to have the right to call another as a sub-guarantor, he shall be obliged to do so within the term expressed above, counting from the day of the guarantee claim filed against him: this same shall be observed successively with respect to all sub-guarantors. Art. 177.- However, if the original defendant is summoned within the terms indicated to make an inventory and deliberate, the term for citing in guarantee will not begin until the day on which the indicated terms for making an inventory and deliberating have ended. Art. 178.- There will be no other term for citing as a guarantor, whatever the matter in question, under the pretext of minor age or other privileged cause, except the right to pursue the guarantors; but without delaying the judgment of the main claim. Art. 179.- If the terms of the guarantee summonses do not expire at the same time as that of the original claim, the default will not be pronounced against the original defendant, when before the expiration of said term he has declared, by act of lawyer to lawyer, that he has attempted a guarantee claim; except in the case in which the defendant, after the expiration of the term to call the guarantor, does not justify having formed the original claim, and he may still be condemned for damages, if it is proven to him that the guarantee claim alleged by him has not been attempted. Art. 180.- When the original plaintiff argues that there is no fixed term for summoning a guarantor, the incident will be judged summarily. Art. 181.- All those who are summoned as guarantors, will be obliged to appear before the court where the original lawsuit is filed, even if they repudiate the status of guarantor. However, if it appears in writing or through evidence of the fact that the original claim has been attempted in order to distract it from its natural judges, they may request the declination. Art. 182.- In formal guarantee, for real or mortgage matters, the guarantor may always, assuming the rights and responsibilities of the latter, appear in the place of the defendant, who will be notified of the claim, provided that he requests it before the first judgment. However, even though relieved of the case, he may attend it to preserve his rights; and the original plaintiff may also request that he remain in it to preserve his rights. Art. 183.- In the simple guarantee, the guarantor may only intervene without assuming the right and responsibility of the defendant. Art. 184.- When the original and guarantee claims are ready to be decided at the same time, they will be decided jointly; otherwise, the original plaintiff may have his claim judged separately: the same judgment will rule on the separation, if the two instances were joined; without prejudice to deciding on the guarantee, after the judgment on the main matter, if appropriate. Art. 185.- Judgments pronounced against formal guarantors shall be executed against the guaranteed parties. It will be sufficient to notify the sentence to them, whether they have been removed from the case, or whether they have remained in it, without the need for another claim or procedure. Regarding costs, damages and losses, the liquidation and execution may only be carried out against the guarantors. However, in the event of their insolvency, the guaranteed party will be liable for the costs, unless they have been relieved of the cause: they will also be liable for damages, if the court judges that there is cause for it. Art. 186.- (Repealed and replaced by Article 2 of Law 834 of July 15, 1978). Art. 2.- The exceptions must, under penalty of inadmissibility, be presented simultaneously and before any defense on the merits or grounds for inadmissibility. The same procedure will be followed when the rules invoked in support of the exception are of public order. The demand for communication of documents does not constitute a cause for inadmissibility of the exceptions. The provisions of the first paragraph do not preclude the application of Articles 31, 35, and 40. Art. 187.- The heir, the widow and the woman separated by body or property, may not propose their dilatory exceptions, but only after the agreed terms for making an inventory and deliberating have expired. Paragraph 5. From the Communication of Documents. Art. 188.- (Repealed and replaced by articles 49 to 59 of Law 834 of July 15, 1978). Art. 189.- (Repealed and replaced by articles 49 to 59 of Law 834 of July 15, 1978). Art. 190.- (Repealed and replaced by articles 49 to 59 of Law 834 of July 15, 1978). Art. 191.- (Repealed and replaced by articles 49 to 59 of Law 834 of July 15, 1978). Art. 192.- (Repealed and replaced by articles 49 to 59 of Law 834 of July 15, 1978), whose texts are as follows: Communication of Documents between the Parties Art. 49.- The party making use of a document is obliged to communicate it to all other parties in the proceedings. The communication of documents should be spontaneous. In the case of appeal, a new communication of the documents already made in the debates of the first instance is not required. However, any party can request it. Art. 50.- If the communication of documents has not been done amicably between lawyers or by deposit in the secretary, the judge may order it, without any formality, if requested by any of the parties. Art. 51.- The judge sets, if necessary under penalty of a fine, the deadline, and if applicable, the methods of communication. Art. 52.- The judge may exclude from the debate documents that have not been communicated in a timely manner. Art. 53.- The party that does not return the communicated documents may be compelled, possibly under penalty of fine. Art. 54.- The penalty payment can be settled by the judge who issued it. Art. 55.- If, in the course of an instance, a party makes use of an authentic act or under private signature in which it has not been a party or of a document that is in the possession of a third party, it may ask the judge in charge of the matter to order the delivery of a certified copy or the production of the act or the document. Art. 56.- The request is an arrow without formality. The judge, if he considers this request well-founded, orders the delivery or production of the act or document, in original, copy or extract as the case may be, under the conditions and guarantees he sets, if necessary under penalty of a fine. Art. 57.- The judge's decision is provisionally enforceable, on a draft if applicable. Art. 58.- In case of difficulty, or if any legitimate impediment is invoked, the judge who has ordered the delivery or the production may, upon a request made without formality, retract or modify his decision. Third parties may appeal the new decision within fifteen days of its pronouncement. Art. 59.- Demands for the production of evidence held by one of the parties are made, and their production takes place, in accordance with the provisions of Articles 55 and 56.TITLE X: ON THE VERIFICATION OF DEEDS
Art. 193.- When it comes to the verification of deeds under private signature, the plaintiff may, without prior authorization from the judge, summon the defendant to a three-day term, in order to obtain a certificate of recognition, or for the document to be considered recognized. If the defendant does not deny his signature, all costs relating to the acknowledgment, including those for registration of the document, will be borne by the plaintiff. Art. 194.- If the defendant does not appear, the default will be pronounced, and the document will be considered acknowledged: if the defendant acknowledges the document, the judgment will record this to the plaintiff. Art. 195.- When the defendant denies the signature attributed to him, or declares that he does not recognize the one attributed to a third party, its verification may be ordered, both by titles and by experts and by witnesses. Art. 196.- The judgment authorizing the verification will order that it be done by three experts, whom it will appoint ex officio, unless the parties agree to appoint them. The same sentence will commission the judge before whom the verification must be carried out: it will also order that the document to be verified be deposited in the secretariat, and after its condition has been recorded, and that it has been signed and initialed by the plaintiff or his lawyer and by the secretary, who will draw up a record of the whole. Art. 197.- In the case of recusal of the commissioner judge or of the experts, the procedure will be as prescribed in titles XIV and XXI of this book. Art. 198.- Within three days of the deposit of the document, the defendant may take cognizance of it in the secretariat, without removing it from the office: in addition to said cognizance, the document will be signed by him or by his lawyer and special attorney, and the secretary will draw up a record of it. Art. 199.- On the day indicated by the order of the commissioner judge, or upon notification made by the most diligent party, notified to the lawyer, if there is one; or at the domicile of the party, by a bailiff commissioned in said order, the parties shall be obliged to appear before the said commissioner judge, to agree regarding the comparison documents. If the claimant in the verification does not appear, the document will be rejected; if the defendant is absent, the judge may consider the document acknowledged. In both cases, the sentence will be pronounced at the next hearing, in view of the report of the commissioning judge, without summoning the parties: said sentence is subject to opposition. Art. 200.- If the parties do not agree regarding the comparison documents, the judge may not admit as such, except the following: 1st. the signatures placed on acts performed before notaries, or those placed on judicial acts in the presence of the judge and clerk; or finally the documents written and signed by the one whose signature is to be compared, in the capacity of judge, clerk, notary, lawyer, bailiff, or exercising under any other title, functions of a public person; 2nd. documents written under private signature, acknowledged by the person to whom the document in question is attributed; but not those denied or not acknowledged by him, even if they had been previously examined and acknowledged by him. If the denial or lack of knowledge is not relative to but to a part of the document to be verified, the judge may order that the rest of said document will serve as a comparison document. Art. 201.- If the comparison documents are in the possession of public custodians or others, the commissioner judge shall order that on the day and time indicated by him, the holders of said documents take them to the place where the verification must be made, under penalty of corporal punishment against the public custodians; and against the others, through ordinary means, without prejudice to also pronouncing corporal punishment against the latter if there is cause. Art. 202.- If the documents for comparison cannot be removed from the office, or if the holders are very far away, it is at the discretion of the court to order, in view of the report issued by the commissioner judge, and after hearing the prosecutor, that the verification be done at the residence of the depositaries or at the nearest place; or that, within the fixed term, the documents be sent to the secretariat by the means that the court indicates in its judgment. Art. 203.- In this last case, if the depositary is a public official, he shall first give a certified copy of the documents, which shall be compared with the minutes or original, by the president of the district court, who shall draw up a record of the comparison: said copy shall be placed by the depositary in the place of his minutes, so that it replaces it until the return of the documents; and he may give a copy of them, making mention of the record that has been drawn up. The depositary will be reimbursed for his costs by the plaintiff in verification, according to the appraisal of them made by the judge who drew up the record; and in accordance with which an executive order will be issued. Art. 204.- The most diligent party shall summon, by summons, the experts and the custodians, to appear at the place, day and time indicated by the order of the commissioner judge: the experts, in order to take an oath and proceed to the verification; and the custodians, in order to present the comparison documents: the party shall be summoned to be present, by act of lawyer to lawyer. A record will be made of everything related: a copy, in summary, will be given to the custodians, as far as they are concerned, as well as of the judgment. Art. 205.- When the custodians have presented the documents, it is at the discretion of the commissioner judge to order that they witness the verification for the custody of said documents, and that they take them and present them again at each vacation; or order that the documents remain deposited in the hands of the secretary, who will take charge of it by record: in this last case, the custodian, if he is a public official, may make a copy of them, in the manner expressed in article 203; and this, even when the place where the verification is carried out is outside the district in which the custodian has the right to exercise his functions. Art. 206.- In the absence of comparison documents, or in the case of their insufficiency, the commissioner judge may order the defendant to write what is dictated to him by the experts, with the plaintiff present or duly called. Art. 207.- Once the experts have taken the oath, and the documents or what the defendant has written have been communicated to them, the parties will withdraw after having made, in the minutes of the commissioner judge, all the requirements and observations that they deem appropriate. Art. 208.- The experts will proceed jointly to the verification in the secretariat, in the presence of the secretary or the judge, if the latter has so ordered; and if they cannot conclude on the same day, they will meet again on the day and time indicated by the judge or the secretary. Art. 209.- The report of the experts will be attached to the minutes of the commissioner judge, without needing to affirm it; the documents will be returned to the custodians, who will give a receipt of them to the secretary in the minutes. The valuation of the working days and holidays of the experts will be recorded in the minutes and an enforceable judgment will be issued against the plaintiff in verification. Art. 210.- The three experts are obliged to extend a common and reasoned report, no longer forming but a single opinion, by majority vote. If different opinions are formed, the report will contain the reasons for each one, without allowing the particular opinion of each expert to be acknowledged. Art. 211.- Those who have seen the document in question written and signed, or who have knowledge of the facts that may help to discover the truth, may be heard as witnesses. Art. 212.- When proceeding to the hearing of the witnesses, the denied or unknown documents will be presented to them, and they must sign them; this will be recorded, as well as their refusal. In addition, the rules prescribed below for news reports will be observed. Art. 213.- If it is proven that the document is written or signed by the one who has denied it, he will be sentenced to a fine of fifty pesos in favor of the State, in addition to the costs, damages and losses of the party. TITLE XI: ON FALSIFICATION AS A CIVIL INCIDENT Art. 214.- Anyone who claims that a document notified, communicated or produced in the course of the proceedings is false or falsified, may, if appropriate, have it registered as false even if the said document has been verified, either with the plaintiff or with the defendant in the falsehood, if the verification has not been for the purpose of a principal or incidental pursuit of falsehood, and even if, outside of this exception, a judgment based on said document as true has been issued. Art. 215.- Anyone who wants to register for falsity will be obliged to first require the opposing party, through a lawyer-to-lawyer act, to declare whether or not they want to use the document, warning that, if affirmative, the inquirer will register for falsity. Art. 216.- Within eight days, the required party must have notified, by means of a lawyer, of their declaration signed by them, or by whoever has their special and authentic power of attorney, of which a copy will be given, expressing whether or not they intend to use the document alleged to be false. Art. 217.- If the defendant does not make the declaration in the stated manner, or if he declares that he does not want to use the document, the plaintiff may request a decision, in the court hearing by means of a simple act, for the document accused of being false to be rejected with respect to the opposing party, without this preventing the same plaintiff from deducing from it those arguments or consequences that he deems appropriate, or filing the lawsuits that he sees fit, for his damages and losses. Art. 218.- If the defendant declares that he wants to use the document, the plaintiff will declare by an act before the secretary of the court, under his signature or that of his attorney in a special and authentic form, his intention to register in falsity, and the hearing will continue by means of a simple act, with the purpose of admitting the registration and requesting the appointment of the commissioner who is to deal with the incident. Art. 219.- The defendant shall be obliged to deliver to the court clerk the document alleged to be false, within three days of being notified of the judgment that has admitted the registration and appointed the commissioner; and he shall also notify the act of deposit in the clerk, within the term of the following three days. Art. 220.- If within the predetermined period the defendant has not complied with the provisions of the preceding article, the plaintiff may continue the hearing, requesting the elimination of said document, as provided in article 217, if he does not prefer to request authorization to have the referred document delivered at his expense to the secretariat; in which case and for the compensation of his disbursements, as detrimental expenses, an executive order will be issued against the defendant. Art. 221.- In the event that there is a draft of the document alleged to be false, the commissioner judge, at the request of the plaintiff, shall order, if appropriate, that the defendant must, in a time determined, send the aforementioned draft to the secretariat and that the custodians of the same be compelled to do so; public officials, under penalty of corporal punishment, and those who are not, by way of attachment, fine and even by corporal punishment, if the case requires it. Art. 222.- It is entrusted to the prudence of the court, in view of the report of the commissioning judge, to order or not to proceed with the continuation of the proceedings against the falsification, without waiting for the presentation of the minutes; as well as to resolve what is appropriate in case said minutes cannot be produced, or it is sufficiently justified that it has been lost or stolen. Art. 223.- The deadline for the delivery of the minutes begins to be counted from the day of notification of the order or the judgment at the address of those who are in possession of said document. Art. 224.- The period set for the defendant to deposit the minutes shall be counted from the day of notification of the order or judgment to his lawyer; and if the said party has not carried out the necessary steps for the production of the document expressed in that period, the plaintiff may promote the hearing, in accordance with the provisions of article 217. The above-prescribed procedures for the defendant will be fulfilled by him, by notifying the depositaries, within the period that has been indicated to him, of a copy of the notification that has been made to him of the order, or of the judgment that orders the production of the minutes before said, without being obliged to have a copy of said order or judgment issued to him. Art. 225.- When the delivery of the said document alleged to be false has been made to the secretariat, the deposit will be notified to the plaintiff's lawyer, with a warning to be present at the drafting of the minutes; and three days after this notification the said minutes will be drawn up, stating the condition of the document. If the plaintiff has carried out the delivery, the aforementioned record will be drawn up within three days of the delivery, with the defendant being summoned beforehand to attend the proceedings. Art. 226.- If it has been ordered that the minutes be deposited, the record will be drawn up, as a whole, stating the status of the said minutes, and of the copies alleged to be false, within the periods indicated above: the court may, however, order, according to the requirements of the case, that the record relating to the status of said copies be drawn up immediately, without waiting for the production of the minutes; of which status a separate formal record will be formed in this case. Art. 227.- The record shall contain the mention and description of the amendments, erasures, interlines and other circumstances of the same kind: it shall be drawn up by the commissioner judge, in the presence of the prosecutor, the plaintiff and the defendant, or their respective attorneys in a special and authentic manner; said documents and minutes shall be initialed by the commissioner judge and the prosecutor, by the defendant and the plaintiff, if they can or want to initial them; and otherwise, this shall be stated. If either party fails to appear, the default will be declared, and the formation of the file will proceed. Art. 228.- At any stage of the case, the plaintiff in the falsehood case or his attorney may take the documents alleged to be false from the hands of the secretary, without being able to remove them from the secretariat, and without any delay. Art. 229.- Within eight days following the formation of said file, the plaintiff shall be obliged to notify the defendant of his means of falsity, which shall contain the facts, circumstances and evidence that are to serve to establish the falsity or the falsification; if he does not do so, the defendant may continue the hearing to order, if appropriate, that the said plaintiff be dismissed from his registration in falsity. Art. 230.- The defendant shall have the obligation to answer in writing the means of falsity, within eight days following the notification of them; if he does not do so, the plaintiff may continue the hearing to obtain a resolution on the rejection of the document, in accordance with the provisions of the above-inserted article 217. Art. 231.- After three days have elapsed following the said answers, the most diligent party may continue the hearing; and the means of falsehood will be admitted or rejected, in whole or in part: it will be ordered, if appropriate, that the said means, or parts thereof, remain attached, either to the acts of the incident of falsehood, if some of the said means have been admitted, or to the cause or the main file, as required by the quality of the repeated means and the requirements of the cases occurring. Art. 232.- The judgment will order that the admitted means be proven, both by title and by witnesses, before the commissioner judge, reserving to the defendant the contrary proof; and that the verification of the documents alleged to be false be carried out, by three experts in calligraphy, who will be appointed ex officio by the same judgment. Art. 233.- The means of falsification that are declared pertinent and admissible shall be expressly stated in the operative part of the judgment that authorizes the evidence, excluding from it any other means. However, the experts may make those observations appropriate to their art, which they deem appropriate, regarding the documents challenged as false, and the judges will consider them as they deem reasonable. Art. 234.- When the witnesses are heard, the formalities prescribed below for informational proceedings will be observed: the documents challenged as false will be presented to the declarants, who will sign them, if they can or want to do so: otherwise, due mention will be made of it. With respect to the comparison documents and others that must be presented to the experts, if the commissioning judge deems it appropriate, they may also be presented to the witnesses, in whole or in part; in which case, they will initial them, as prescribed above. Art. 235.- If, when testifying, the witnesses present some documents, these will be added to the file, after having been initialed by the commissioner judge and those of the same witnesses who can or wish to do so; if one or none of them does not do so, it will be noted; and if the said documents prove the falsity or the truth of the disputed documents, they will be presented to the other witnesses who have knowledge of such instruments of proof, so that these may be initialed by them, in accordance with what has been prescribed above. Art. 236.- The expert evidence will be done in the following way: 1st. The comparison documents will be agreed between the parties, or indicated by the judge, as provided in article 200, title of the verification of deeds; 2nd. The experts will be given the judgment that admitted the prescription in falsity, the disputed documents; the record of the state of these, the judgment that admitted the means of falsity and ordered the expert trial; the comparison documents when they have been produced; the record of presentation of the same, and the judgment by which they were received: the experts will state in their report that all the aforementioned documents were delivered to them and the examination carried out by the same experts, who will sign the disputed documents as false: no record will be made of said examination. In the event that the witnesses have attached to their claims any document or documents, the party may request, and the commissioning judge may order, that they be submitted to the experts; 3. The aforementioned report will also comply with the rules prescribed in the title of the verification of deeds. Art. 237.- In cases of recusal, whether against the commissioner judge or against the experts, the procedure will be in accordance with the provisions of Titles XIV and XXI of this book. Art. 238.- When the investigation is completed, a decision will be promoted by virtue of a simple act. Art. 239.- If the proceedings reveal evidence of falsehood or falsification, whose authors or accomplices are alive, and the criminal action has not yet been extinguished by prescription, in accordance with the provisions of the Penal Code, the President will issue an arrest warrant against the accused, and will exercise in this part the functions of a judicial police officer. Art. 240.- In the case of the preceding article, the civil action will be suspended until after the judgment on the falsity has been pronounced. Art. 241.- When in the proceedings on registration in falsity, the court has ordered that the documents that have been declared false be suppressed, torn or crossed out in whole or in part, or the reform or restoration, the execution of this part of the sentence will be suspended, until the period in which the convicted person may appeal, establish the civil review, or until he has validly and formally given his acquiescence to the ruling. Art. 242.- The ruling on the falsity shall provide what is appropriate regarding the restitution of the documents, either to the parties, or to the witnesses who produced or presented them, which shall be carried out even with respect to the challenged documents, when they have not been condemned as false: as to the documents that have been extracted from a public deposit, it shall be ordered that they be returned to the depositaries, or sent by the secretaries in the manner prescribed by the court: all of which shall be fulfilled without a separate judgment on the restitution of the documents, which shall be carried out only after the period indicated in the preceding article has elapsed. Art. 243.- During this period, the return of the comparison documents or others will be suspended, unless the court orders otherwise, by virtue of a request from the custodians of said documents, or from the parties who have an interest in the claim. Art. 244.- The Secretary shall be responsible for compliance with the preceding articles, as regards said employees, under penalty of interdiction, a fine that may not be less than twenty pesos and payment of damages to the parties, in addition to the extraordinary procedure that may be appropriate. Art. 245.- While the aforementioned documents remain in the secretariat, the secretaries may not issue any testimony or copy of the documents challenged as false, except by virtue of a judgment; with respect to the acts whose originals or minutes have been delivered to the secretariat, and especially with respect to the records that contain acts not alleged to be false, the secretaries may issue testimony of them to the parties who have the right to request them, without being able to charge greater fees than those indicated in the same case to the depositaries of said originals or minutes; and this article will be complied with under the penalties determined in the preceding article. If the custodians of the minutes of said documents have made testimonies to replace the same minutes, in compliance with article 203 of the title On the Verification of the Deeds, only said custodians may issue testimony of the acts referred to. Art. 246.- The plaintiff in a false claim who is unsuccessful will be sentenced to a fine of seventy pesos, or more, and will have to pay the corresponding damages. Art. 247. The fine shall be incurred whenever, after the registration has been made false and the claim to that effect has been admitted, the plaintiff has voluntarily withdrawn it, or has been unsuccessful, or when the parties have been declared without cause, either for lack of sufficient means or evidence, or for the plaintiff's failure to comply with the procedures and formalities determined above; said fine being applied, notwithstanding the terms in which the decision was drafted, nor that the judgment omitted to pronounce that condemnation; and all
This applies even if the plaintiff offers to pursue the falsification claim through extraordinary proceedings. Art. 248.- The fine shall not be levied when the document, or one of the documents alleged to be false, has been declared false in whole or in part, or when it has been dismissed from the case or the proceedings; nor shall it apply if the claim filed to establish falsification has not been admitted; and this shall be understood regardless of the terms used by the judges to dismiss said claim or to not consider it. Art. 249.- No settlement may be executed with respect to the incidental claim of falsification if it has not been judicially approved, after having been communicated to the public prosecutor, who may make any requests he deems appropriate in this regard. Article 250. The plaintiff in a forgery case may always resort to criminal proceedings regarding the principal forgery, and in this case, the decision in the case shall be postponed, unless the judges deem that a judgment may be rendered on the proceedings, with the document alleged to be forged being separated from the proceedings. Article 251. No preliminary or final judgment in a forgery case may be issued without hearing the conclusions of the prosecutor.
TITLE XII: ON TESTIMONIAL INFORMATION
Article 252.- (Repealed and replaced by Articles 73 to 100 of Law 834 of July 15, 1978, See: Article 34). Article 253.- (Repealed and replaced by Articles 73 to 100 of Law 834 of July 15, 1978, See: Article 34). Article 254.- (Repealed and replaced by Articles 73 to 100 of Law 834 of July 15, 1978, See: Article 34). Article 256.- (Repealed and replaced by Articles 73 to 100 of Law 834 of July 15, 1978, See: Article 34). Article 257.- (Repealed and replaced by Articles 73 to 100 of Law 834 of July 15, 1978, See: Article 34). Article 258.- (Repealed and replaced by Articles 73 to 100 of Law 834 of July 15, 1978, See: Article 34). Article 259.- (Repealed and replaced by Articles 73 to 100 of Law 834 of July 15, 1978, See: Article 34). Article 260.- (Repealed and replaced by Articles 73 to 100 of Law 834 of July 15, 1978, See: Article 34). Article 261.- (Repealed and replaced by Articles 73 to 100 of Law 834 of July 15, 1978, See: Article 34). Article 262.- (Repealed and replaced by Articles 73 to 100 of Law 834 of July 15, 1978, See: Article 34). Article 263.- (Repealed and replaced by Articles 73 to 100 of Law 834 of July 15, 1978, See: Article 34). Article 264.- (Repealed and replaced by Articles 73 to 100 of Law 834 of July 15, 1978, See: Article 34). Article 265.- (Repealed and replaced by Articles 73 to 100 of Law 834 of July 15, 1978, See: Article 34). Article 266.- (Repealed and replaced by Articles 73 to 100 of Law 834 of July 15, 1978, See: Article 34). Article 267.- (Repealed and replaced by Articles 73 to 100 of Law 834 of July 15, 1978, See: Article 34). Article 268.- (Repealed and replaced by Articles 73 to 100 of Law 834 of July 15, 1978, See: Article 34). Art. 269.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978, See: Art. 34).Art. 271.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978, See: Art. 34).
Art. 272.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978, See: Art. 34).
Art. 273.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978, See: Art. 34).
Art. 274.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978, See: Art. 34).
Art. 275.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978, See: Art. 34).
Art. 276.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978, See: Art. 34).
Art. 277.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978, See: Art. 34).
Art. 278.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978, See: Art. 34).
Art. 279.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978, See: Art. 34).
Art. 280.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978, See: Art. 34).
Art. 281.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978, See: Art. 34).
Art. 282.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978, See: Art. 34).
Art. 283.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978, See: Art. 34).
Art. 284.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978, See: Art. 34).
Art. 286.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978, See: Art. 34).
Art. 287.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978, See: Art. 34).
Art. 288.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978, See: Art. 34).
Art. 289.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978, See: Art. 34).
Art. 290.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978, See: Art. 34).
Art. 291.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978, See: Art. 34).
Art. 292.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978, See: Art. 34).
Art. 293.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978, See: Art. 34).
Art. 294.- (Repealed and replaced by articles 73 to 100 of Law 834 of July 15, 1978, See: Art. 34).
TITLE XII: ON THE INSPECTION OF PLACES Art. 295.- When a case occurs in which the court deems it necessary, it may order that one of the judges travel to the places; but it may not order this in those matters that only require a simple expert report, unless one or the other of the parties expressly requests it.
Art. 296.- The sentence will confer a commission on one of the judges who attended it.
Art. 297.- At the request of the most diligent party, the commissioner judge will issue an act that determines the places, the day and the time of the transfer; which will be notified from lawyer to lawyer, and will be worth a summons.
Art. 298.- The commissioner judge will mention in the minutes of his file the days spent in the transfer, the stay and the return.
Art. 299.- The testimony of the record shall be notified by the most diligent party to the lawyers of the other parties; and three days later, that party may continue the hearing in justice by a simple act.
Art. 300.- The presence of the prosecutor will not be necessary except in cases where the public ministry is a party.
Art. 301.- The transportation costs will be advanced by the requesting party, who will deposit them in the secretariat.
TITLE XIV: ON EXPERT REPORTS Art. 302.- When an expert report is required, it shall be ordered by a judgment, in which the objects of the expert procedure shall be clearly stated.
Art. 303.- The expert judgment may only be carried out by three experts, unless the parties consent to the procedure being carried out by only one.
Art. 304.- If, when the judgment ordering the expert trial is given, the parties agreed to appoint the experts, the same judgment will contain a record of the appointment.
Art. 305.- If the choice of experts has not been agreed by the parties, the judgment will order that they must appoint them within three days of notification; and that otherwise, the operation will be carried out by the experts, who will be appointed ex officio by the same judgment. This ruling will also contain the appointment of the commissioner judge, who will receive the oath of the agreed or appointed experts: however, the court may order that the experts take the oath before the justice of the peace of the common in which they are to act.
Art. 306.- Within the aforementioned period, the parties who have agreed to the appointment of the experts will declare it in the secretariat.
Art. 307.- Once the above term has expired, the most diligent party will obtain the judge's order and will summon the experts appointed by the parties or ex officio, to take an oath, without it being necessary for the parties to be present.
Art. 308.- Challenges may only be proposed against experts appointed ex officio, unless the causes have arisen after the appointment, and before the act of swearing.
Art. 309.- The party that has grounds for challenge to allege, shall be obliged to do so within three days of the appointment, by a simple act or under his own signature or that of his special attorney, containing the grounds for challenge, and the evidence if he has any, or the offer to verify them by means of witnesses: once the said term has expired, the challenge may not be proposed, and the expert shall take the oath on the day indicated by the summons.
Art. 310.- The reasons that serve to disqualify witnesses may also be grounds for challenging experts.
Art. 311.- The challenged recusal will be summarily judged in the court hearing by a simple act, and after hearing the conclusions of the prosecutor; the judges may order the evidence by witnesses, which will be done in the manner that will be determined below for the summary information.
Art. 312.- The sentence that falls on the accusation will be enforceable, even if an appeal is involved.
Art. 313.- If the challenge is admitted, another expert, or other experts, will be appointed ex officio, by the same judgment, in place of the challenged one, or ones.
Art. 314.- If the challenge is rejected, the party that proposed it will be condemned for all corresponding damages, even with respect to the expert, if the latter requires it; but in this latter case, he may not continue as an expert.
Art. 315.- The record certifying the taking of the oath will contain the indication, made by the experts, of the place, day and time of its operation. If the parties or their lawyers are present, this indication will serve as a summons. If the parties are absent, they will be summoned by a lawyer to appear on the day and time indicated by the experts.
Art. 316.- If any expert does not accept the appointment, or does not appear, either for the oath or for the expert act, on the day and time indicated, the parties will immediately agree to appoint another in his place; and if not, the appointment may be made ex officio by the court. The expert who, after having taken the oath, fails to fulfill his task, will be subject to being condemned by the court that commissioned him to pay all frustrating expenses, and even damages if applicable.
Art. 317.- The judgment that ordered the report, with the necessary documents, will be sent to the experts; the parties may state and request what they deem appropriate, which will be mentioned in the report; this will be written in the contentious place, or in the place, day and time indicated by the experts. One of the experts will be in charge of drafting the document, which all will sign: if the experts in general, or any of them, do not know how to write, the secretary of the justice of the peace court in which they have acted will draft and sign the minutes.
Art. 318.- The experts will give a single report; they will issue only one judgment, by majority vote. However, when there are differing opinions, they will indicate the reasons for the different opinions, without revealing what the personal opinion of each person was.
Article 319. The report shall be filed with the clerk of the court that ordered the expert testimony, without the experts taking a new oath. The judge shall calculate the corresponding vacation time for the experts at the foot of the report, and an enforceable judgment shall be issued against the party that requested the expert testimony or at whose request it was ordered, if it was ordered ex officio. Article 320. In case of delay or refusal by the experts to file their report, they may be summoned within three days before the court that commissioned them, to be ordered, even by means of imprisonment if necessary, to make said filing. The matter shall be decided summarily and without prior proceedings. Article 321. The more diligent party shall have a copy of the report made and serve it on the opposing counsel; and the hearing shall continue in court by means of a simple act. Article 322. If the judges do not find sufficient clarification in the report, they may order, ex officio, a new expert examination by one or more experts whom the court shall also appoint ex officio, and who may request from the previous experts any information they deem necessary. Article 323. Judges are not obligated to adopt the opinion of the experts if their own conviction opposes it. TITLE XV: ON THE INTERROGATION OF FACTS AND ARTICLES Article 324. (Repealed and replaced by Articles 60 to 72 of Law 834, of July 15, 1978, See: Article 119). Article 325. (Repealed and replaced by Articles 60 to 72 of Law 834, of July 15, 1978, See: Article 119). Article 326.- (Repealed and replaced by Articles 60 to 72 of Law 834, of July 15, 1978, See: Article 119). Article 328.- (Repealed and replaced by Articles 60 to 72 of Law 834, of July 15, 1978, See: Article 119). Article 329.- (Repealed and replaced by Articles 60 to 72 of Law 834, of July 15, 1978, See: Article 119). Article 330.- (Repealed and replaced by Articles 60 to 72 of Law 834, of July 15, 1978, See: Article 119). Article 331.- (Repealed and replaced by Articles 60 to 72 of Law 834, of July 15, 1978, See: Article 119). Article 332.- (Repealed and replaced by Articles 60 to 72 of Law 834, of July 15, 1978, See: Article 119). Article 333.- (Repealed and replaced by Articles 60 to 72 of Law 834, of July 15, 1978, See: Article 119). Article 334.- (Repealed and replaced by Articles 60 to 72 of Law 834, of July 15, 1978, See: Article 119). Art. 335.- (Repealed and replaced by articles 60 to 72 of Law 834, of July 15, 1978, See: Art. 119). Art. 336.- (Repealed and replaced by articles 60 to 72 of Law 834, of July 15, 1978, See: Art. 119).
TITLE XVI: ON INCIDENTS
Paragraph 1. Incidental Claims Art. 337.- Incidental claims shall be filed by a simple act containing the grounds and conclusions, with an offer to submit supporting documents upon receipt, or by deposit with the clerk. The defendant in the incident shall file their response by a simple act. Art. 338.- All incidental claims shall be filed simultaneously; there shall be no right of reimbursement for the expenses of those filed subsequently, the grounds for which existed at the time the first claims were filed.
Incidental claims shall be adjudicated beforehand, if applicable; and in matters for which written instructions have been ordered, the incident shall be brought before the hearing for resolution as appropriate. Paragraph 2. Intervention Art. 339.- Intervention shall be formalized by means of a written document containing the grounds and conclusions, a copy of which, along with the supporting documents, shall be given to the attorneys for the parties in the case. Art. 340.- Intervention may not delay the judgment of the main case when it is ready for judgment. Art. 341.- In matters for which written instructions have been ordered, if the intervention is challenged by one of the parties, the incident shall be brought before the hearing.
TITLE XVII: ON THE RENEWAL OF THE COURT, AND THE APPOINTMENT OF A NEW ATTORNEY.
Article 342. The decision in a case that is ready for judgment shall not be postponed due to a change in the status of the parties, nor due to the cessation of the functions by virtue of which they are acting, nor due to the death, resignation, incapacity, or removal of their attorneys. Article 343. A case shall be ready for judgment when the arguments have begun; arguments shall be deemed to have begun when the opposing conclusions have been presented in court. If the case is conducted in writing, the case shall be ready for judgment when the proceedings are complete, or when the time limits for submissions and replies have expired. Article 344. In cases that are not ready for judgment, all proceedings carried out after notification of the death of one of the parties shall be null and void; it shall not be necessary to notify the death, resignation, incapacity, or removal of attorneys. The proceedings carried out and the judgments obtained thereafter shall be null and void if a new attorney has not been appointed. Art. 345. Neither a change in the status of the parties, nor their cessation of the functions that give them the capacity to act, shall be grounds for preventing the continuation of the proceedings. However, a defendant who has not appointed an attorney before the change in status or the death of the plaintiff shall be summoned again within eight days, so that they may hear the arguments presented. Art. 346. For the summons in a new instance or for the appointment of an attorney, the time limits established in the title on Summonses shall be set, and the names of the attorneys who were present, and of the drafter, if any, shall be indicated in the record. Art. 347. The proceedings shall be renewed by an act of attorney to attorney. Art. 348. If the party summoned in a new instance responds, the incident shall be judged summarily. Article 349. If, within the specified time limit, the party summoned in a new instance or in the appointment of counsel fails to appear, a judgment shall be issued declaring the case renewed and ordering that proceedings continue according to the final stages, without any time limits other than those remaining to be completed being applied. Article 350. A judgment rendered in default against a party, by virtue of a claim in a new instance or in the appointment of new counsel, shall be served by a commissioned bailiff; if the matter is under review, the service shall state the name of the reporting officer. Article 351. Any objection to said judgment shall be brought at the hearing, even in matters that are under review.TITLE XVIII: ON THE DENIAL OF ACTS PERFORMED BY LAWYERS OR BAILIFFS
Article 352. No offer, statement, or consent may be made, advanced, or accepted without special authorization, under penalty of denial. Article 353. The denial shall be made in the clerk's office of the court that is to hear the case, by a document signed by the party or by the person holding their special and authentic power of attorney; the document shall contain the grounds, conclusions, and appointment of counsel. Article 354. If the denial is made during a pending proceeding, it shall be served, without further action, by a document from the attorney against whom the denial is directed, as well as on the other attorneys in the case, and said service shall constitute a summons to appear in defense of the denial. Article 355. If the attorney is no longer practicing, the denial shall be served by a bailiff at their domicile; if they have died, the denial shall be served on their heirs, with a summons to appear before the court hearing the proceeding. The parties will now be heard in the same instance, from lawyer to lawyer. Art. 356. The denial will always be judged by the court under whose jurisdiction the denied proceedings were conducted, even if the proceedings that were underway when the denial originated are pending before another court; the denial will be reported with the consequent summons to trial for the parties of the main proceedings. Art. 357. All proceedings and the judgment of the main proceedings will be suspended until the judgment on the denial is rendered, under penalty of nullity; except, however, if a fixed period is set for the denying party to have the denial judged; otherwise, the merits of the case will be decided. Art. 358. When the denial concerns an act for which there is no proceedings, the claim will be brought before the court of the defendant. Art. 359. Every claim of denial will be communicated to the public prosecutor. Article 360. If the denial is declared valid, the judgment or the provisions contained therein with respect to the points that motivated the denial shall be annulled and deemed null and void. The person denied the denial shall be ordered to compensate the plaintiff and the other parties for all damages and losses, and, depending on the seriousness of the case and the nature of the circumstances, may be punished with interdiction or subject to extraordinary prosecution. Article 361. If the denial is rejected, mention of the judgment of rejection shall be made in the margin of the act of denial, and the plaintiff may be ordered to pay the corresponding damages and reparations with respect to the person denied the denial and the other parties. Article 362. If a denial is sought based on a judgment that has acquired the character of res judicata, it may not be admitted after the eighth day following the day on which the judgment is to be considered executed, in accordance with the terms of Article 159 of this Code.TITLE XIX: ON THE APPOINTMENT OF JUDGES
Article 363. When a response is filed with two or more justices of the peace within the jurisdiction of the same court, the appointment of judges shall be requested from that court. If the justices of the peace belong to different courts, or if the response is filed with two or more courts of first instance, the appointment of judges shall be requested from the Supreme Court. Article 364. In view of claims filed before various courts, a judgment shall be issued at the request of a party, containing permission to summon the parties for appointment, and the judges may order that said courts dismiss all proceedings relating to the aforementioned claims. Article 365. The plaintiff shall serve the judgment and summon the parties at the address of their attorneys. The time limit for serving the judgment and summoning the parties shall be fifteen days from the date of the ruling. The time limit for appearing shall be that of the summonses, taking into account the distances, according to the respective address of the attorneys. Article 366. If the plaintiff has not served notice within the prescribed time limits, the plaintiff shall be deprived of the appointment of judges, without the need for a formal order to appoint them, and the proceedings may continue before the court to which the defendant, in his designation, assigned jurisdiction over the case. Article 367. The losing plaintiff may be ordered to pay damages to the other parties.TITLE XX: ON THE DECLARATION DUE TO KINSHIP OR AFFINITY
Art. 368.- When one of the parties has two relatives or relatives up to the degree of first cousin inclusive among the judges of a court of first instance, or when one of the judges of the court of first instance is a relative of the party in the degree referred to, and the latter is among the judges of that same court, the other party may request the declinatory. Art. 369.- This demand shall be made before the debates begin; and in the cases that are submitted to relation before the investigation is concluded, or the deadlines have expired; otherwise, the demand will no longer be admitted. Art. 370.- The declinatory plea shall be proposed by an act made in the secretariat, with expression of the means, and under the signature of the party or his special attorney, in an authentic form. Art. 371.- With a view of the testimony of said act, presented with the supporting documents, a ruling will be given ordering: 1st. 2. Communication to the judges to whom the request for declination is addressed, so that they may record their declaration at the foot of the testimony of the sentence within a fixed period; the communication to the prosecutor; 3rd. the report for a certain day, by one of the judges, who will be appointed by said sentence. Art. 372.- The testimony of the act in demand of declinatory plea, the attached documents and the judgment mentioned in the preceding article shall be notified to the other parties. Art. 373.- If the causes of the declinatory claim are recognized or justified before a court, the declinatory claim will be made to another of the nearest courts of the same class. Art. 374.- The party that loses in its declinatory claim, will be condemned to a fine of no less than ten pesos, plus the payment of damages to the opposing party, if applicable. Art. 375.- If the declinatory plea is issued, and there is no appeal, or if the appellant has failed, the controversy will be brought before the court that should hear it, by simple summons and the procedure will continue in said court, starting from its last steps. Art. 376.- In all cases, the appeal of declinatory judgments will be suspensive. Art. 377.- The provisions of articles 392, 393, 394 and 395, the title of the recusal below, are applicable to the said appeal. TITLE XXI: ON RECUSAL Art. 378.- Every judge may be challenged on any of the following grounds: 1st. for being a relative or in affinity of the parties, or of one of them, up to and including the degree of first cousin; 2nd. because the judge's wife is a relative or relative by marriage of one of the parties, or the judge is a relative or relative by marriage of the wife of one of the parties, within the aforementioned degree, when the wife is alive, or if, having died, there are children; if she has died and there are no children left, neither the father-in-law, nor the son-in-law, nor the brothers-in-law, may be judges. The provision relating to a woman who is already dead shall apply to a woman who is legally separated, if there are children from the suspended marriage; 3. if the judge, his wife, his ascendants and descendants, or relatives in the same line, have a dispute on a matter analogous to that which is being discussed between the parties; 4. for having a case in their own name before a court in which one of the parties is a judge; if they are creditors or debtors of one of the parties; 5th. if in the course of the five years preceding the recusal, there has been a criminal proceeding between them and one of the parties, or their spouse, or their relatives or in-laws in the direct line; 6. because there is a civil process between the judge, his wife, his ascendants and descendants, or relatives in the same line, and one of the parties, provided that this process, if initiated by the party, was before the instance in which the recusal was proposed; or if, having ended this process, it was concluded only within the six months preceding the recusal; 7th. when the judge is a guardian, co-guardian or curator, presumptive heir, or donor, patron or dinner guest of one of the parties; if he is the administrator of any establishment, company or management, which are parties to the case; if one of the parties is his presumed heir; 8. when the judge has given advice, argued or written about the matter under discussion; if he has previously known of it as a judge or as an arbitrator; if he has requested, recommended or provided for the expenses of the process; if he has testified as a witness; if from the beginning of the process, he has drunk or eaten with one or the other of the parties in their respective houses, or received gifts from any of them; 9. when there is capital enmity between the judge and one of the parties; as if there have been aggressions, insults or threats made by the judge verbally or in writing, after the instance, or in the six months preceding the proposed recusal. Art. 379.- There will be no grounds for recusal in cases where the judge is a relative of the guardian or curator of one of the parties, or of the members or administrators of an establishment, company, management or union that are parties to the case, unless said guardians, administrators or interested parties have a different or personal interest. Art. 380.- Whenever the judge knows that any cause of recusal exists in him, he shall be obliged to declare it in chamber, so that the court may decide whether he should abstain. Art. 381.- The grounds for disqualification relating to judges are applicable to prosecutors when they are an attached party; but they cannot be disqualified when they act as a principal party. Art. 382.- Anyone wishing to challenge must do so before the debate begins, and before the investigation is completed or the time limits have expired in the matters submitted for review; unless the causes of the challenge have arisen subsequently. Paragraph: (Added by Law 237 of December 23, 1967). For these purposes, a bond must be provided beforehand to guarantee payment of the fine, compensation and costs, or that the challenger may eventually be condemned in the event that his claim is declared inadmissible, in accordance with the provisions of article 390. The bond will be requested from the court that must hear the recusal, which will sovereignly set its amount, affecting it as a privileged claim for the indicated purposes, and it may be admitted in cash, through the deposit made in the Internal Revenue Collection Office, or in the form of a guarantee given by an insurance company authorized to carry out this type of activities in the country, by virtue of an authentic act or under a private signature signed by the representative of the company and by the public prosecutor, acting on behalf of the State. The same formality will be imposed for those cases in which, because the recusal is directed against several judges of a collegiate court, it must be resolved as a declinatory claim due to legitimate suspicion. The effects of the bond will cease automatically one year after a final decision has been made on the challenge, unless the State or the challenged official, each in their respective capacity, has exercised the corresponding action in due time regarding the fine or in claim for damages. The receipt for the deposit of the bond or the authentic or privately signed document proving the guarantee, as the case may be, will be deposited in the secretariat, attached to the declaration of recusal and the other documents referred to in article 382. Art. 383.- The challenge against the judges commissioned for the inspections of places, information and other practical acts may not be proposed except within the three days that elapse: 1st. from the day of the sentence, if it is contradictory; 2nd. from the last day of the eighth day for opposition, if the sentence is in default and no opposition has been attempted against it; 3rd. from the day the opposition was dismissed, even by default, if the sentence was subject to such appeal. Art. 384.- The challenge will be proposed by an act in the secretariat, which will contain the means, and will be signed by the party or by the one who represents it with authentic and special power, which will be added to the act. Art. 385.- With a view of the testimony of the act of recusal that the secretary will send within the following twenty-four hours to the president of the court, the latter, hearing the report of the same president and the conclusions of the prosecutor, will pronounce his judgment rejecting the recusal, in case it is inadmissible; and if on the contrary he admits it, he will order, 1st. the communication to the challenged judge so that he may explain in precise terms about the facts, within the period that the sentence itself determines; 2. the communication to the prosecutor; and it will also indicate the day on which the report is to be given by the judge named in the same sentence. Art. 386.- The challenged judge will make his statement in the secretariat, following the original act of challenge. Art. 387.- From the day on which the sentence ordering the communication is given, all provisions and operations concerning the case will be suspended; however, if one of the parties alleges that the operation is urgent and that the delay presents a danger, the incident will go to the hearing by means of a simple act, and the court may order that it proceed by another judge. Art. 388.- If the challenged judge agrees to the facts that motivated his challenge, or if those facts are proven, the abstention of said judge will be ordered. Art. 389.- If the challenger does not produce written proof, or a preliminary proof, of the grounds for the challenge, it will be at the discretion of the court to accept the judge's simple statement, and dismiss the challenge accordingly, or order testimonial evidence. Art. 390.- Once the recusal has been dismissed as inadmissible, its author shall be sentenced to a fine of no less than twenty pesos, without prejudice to the action of the judge in claim for damages, in which case he shall not continue acting as judge of the case. Art. 391.- Every judgment on recusal, even in those matters in which the court of first instance judges as a last resort, shall be subject to appeal; however, if the party maintains that, in view of the urgency, it is necessary to proceed to some operation, without waiting for the appeal to be resolved, the incident shall be brought to the hearing by means of a simple act; and the court that has rejected the recusal may order that the requested operation be carried out by another judge. Art. 392.- The person attempting the operation must carry it out within five days following the judgment, by an act in the secretariat, stating the reasons and stating the deposit made, in the same secretariat, of the supporting documents. Art. 393.- At the request and expense of the appellant, the secretary shall send, within three days, to the secretary of the Supreme Court, the testimony of the act of recusal, the declaration of the judge, the sentence, the appeal, and the attached documents. Art. 394.- Within three days after the Secretary of the Supreme Court receives the aforementioned acts, he shall present them to this Superior Court, which shall set a date for the public hearing, and shall commission one of the judges; in view of the report of this judge, and the conclusions of the Public Prosecutor, the judgment shall be pronounced, without it being necessary to call the parties. Art. 395.- Within twenty-four hours after the issuance of the judgment, the court clerk shall return the documents addressed to him to the clerk of the court of first instance. Art. 396.- Within one month, counting from the day of the ruling that will dismiss the recusal in the first instance, the appellant must notify the parties of the judgment rendered on his appeal or a certificate from the clerk of the court, stating that the appeal has not yet been judged, and indicating the day designated by the court for this purpose: otherwise, the judgment that dismissed the recusal will be executed provisionally, and what is done accordingly will be valid; even if the recusal was admitted in the appeal.TITLE XXII: PERENSION
Article 397. All proceedings, even if counsel has not been appointed, shall be extinguished by cessation of proceedings for three years. This period shall be extended by six months in cases that give rise to a petition for renewal of proceedings or the appointment of a new attorney. Article 398. Dismissal for lack of prosecution shall be effective against the State, public institutions, and all persons, including minors, while all retain recourse against administrators and guardians. Article 399. Dismissal for lack of prosecution shall not take effect automatically; it shall be covered by valid acts performed by either party prior to the petition for dismissal for lack of prosecution. Article 400. Dismissal for lack of prosecution shall be requested by an act of attorney to attorney, unless the latter has died, is under interdiction, or suspended from the moment the dismissal was incurred. Article 401. – The dismissal of the case for lack of prosecution does not extinguish the action; it only terminates the proceedings, and no act from the terminated proceedings may be invoked or relied upon in any case. In the event of dismissal for lack of prosecution, the principal plaintiff shall be ordered to pay all costs of the terminated proceedings. TITLE XXIII: WITHDRAWAL Article 402. – Withdrawal may be made and accepted by simple acts signed by the parties or their representatives, and notified from attorney to attorney. Article 403. – When the withdrawal has been accepted, it shall automatically imply consent to the reimbursement of costs by both parties, in the same state they were in before the filing of the claim. It shall also imply submission to the obligation to pay costs, which the withdrawing party shall be obligated to pay by virtue of a simple order from the presiding judge, drawn up at the foot of the assessment, with the parties present, or summoned by act from attorney to attorney. The said order shall be fully executed, if it emanates from a court of first instance, notwithstanding opposition or appeal, the said order shall also be executed, notwithstanding opposition, if it emanates from the Supreme Court.|
Art. 404.- (Repealed |
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Art. 405.- (Repealed |
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Art. 406.- (Repealed |
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Art. 407.- (Repealed |
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Art. 408.- (Repealed |
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Art. 409.- (Repealed |
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Art. 410.- (Repealed |
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Art. 411.- (Repealed |
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Art. 412.- (Repealed |
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Art. 413.- (Repealed |
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TITLE XXV:
PROCEDURE BEFORE THE COMMERCIAL COURTS
Article 414. Proceedings before the commercial courts shall be conducted without legal representation. Article 415. All commercial lawsuits must be initiated by a summons, observing the formalities prescribed above in the title "On Summonses."Art. 416.- The deadline will be at least one day.
Art. 417.- In cases requiring speed, the president of the court may allow the summons to be made even on a day-by-day basis, and hour-by-hour basis, as well as the seizure of movable property: he may also, as required by the case, order that the plaintiff provide a surety, or that he prove sufficient solvency. The president's orders shall be enforceable, notwithstanding opposition or appeal.
Art. 418.- In maritime cases, when there are non-domiciled parties, such as in those matters relating to rigging, provisions, baggage, careening, and repair of ships ready to undertake a voyage, and other urgent and provisional matters, the summons from day to day, or from hour to hour, may be made without an order; and the case will be susceptible to judgment in default immediately.
Art. 419.- Any summons made on board the ship to the person summoned will be valid.
Art. 420.- The plaintiff may summon, at his option, to the court of the defendant's domicile; to the court of the District in which the promise was made, and the merchandise was delivered; to the one in whose district the payment was to be made.
Art. 421.- The parties shall be obliged to appear in person, or through a special attorney.
Art. 422.- If the parties appear, and at the first hearing no final decision is made, the parties not domiciled in the place where the court operates will be obliged to make at the same point the choice of a domicile, which will be recorded in the hearing sheet; provided that this choice is not made, all notification will be validly made in the secretariat of the court even that of the final judgment.
Art. 423.- In commercial matters, foreign plaintiffs shall not be obliged to provide security for the payment of costs, damages and losses to which they may be condemned, even in cases where the lawsuit is brought before a civil court, in those places where there is no commercial court.
Art. 424.- If the court is incompetent due to the subject matter, it shall pronounce its declination, even if it has not been requested to do so. A declinatory plea for any other reason may only be raised before any other means of defense.
Art. 425.- In the same judgment, the declinatory plea may be dismissed, and a ruling made on the merits; but it must be done by two different provisions, one on the jurisdiction, and another on the merits; the provisions on jurisdiction may always be challenged by way of appeal.
Art. 426.- Widows and heirs of persons subject to the jurisdiction of commerce, shall be summoned to trial in renewal of instance, or by new action; without prejudice that; in case of being contradicted the qualities, the parties shall be referred to the ordinary courts, so that those qualities may be determined; and then the commercial court shall hear the merits of the claim.
Art. 427.- When a document is unknown, denied or alleged to be false, and the party presenting it persists in asserting it in court, the court shall order the parties to appear before the judges who should hear the case concerning the document not recognized or alleged to be false, and shall dismiss the judgment relating to the main action. However, if the document relates only to one of the points of the claim, the court will proceed to issue a ruling on the other points of the claim.
Art. 428.- The court may always, even ex officio, order the parties to appear to testify personally at the hearing in court or in the council chamber; and when there is a legitimate reason that prevents them from appearing, it will commission one of the judges or even the justice of the peace, to hear their statements, which will be recorded in the minutes drawn up for that purpose.
Art. 429.- When there is reason to make the parties appear before arbitrators who proceed to examine accounts, documents and books, one or more arbitrators will be appointed to hear them, and reconcile them, if possible, and if not, to issue their report. If it involves the inspection of works or the estimation of merchandise, one or three experts will be chosen. The arbitrators and experts will be appointed by the court when the parties do not do so at the hearing in court.
Art. 430.- The challenge of arbitrators and experts may only be proposed within three days of their appointment.
Art. 431.- The report of the arbitrators and the experts will be deposited in the secretariat of the court.
Art. 432.- If the court orders testimonial evidence, it will be carried out in the manner indicated for summary reports. However, in cases subject to appeal, the statements of the witnesses will be recorded in writing by the clerk and signed by the witnesses; in case of refusal by the witnesses, mention of this circumstance will be made in them.
Art. 433.- In the drafting and issuance of judgments, the formalities prescribed in articles 141 and 146 for the courts of first instance shall be observed.
Art. 434.- (Modified by Law 845 of July 15, 1978).
If the plaintiff does not appear, the court will pronounce the default and discharge the defendant from the claim, by a judgment that will be considered contradictory. If the defendant does not appear, articles 149, 150, 151, 152, 153, 155, 156 and 157 will apply.
Art. 435.- Default judgments shall be notified only by the bailiff commissioned by the court; the notification shall contain, under penalty of nullity, the choice of domicile in the place where it is verified, if the plaintiff is not domiciled there. The sentence will be enforceable one day after its notification, and until the opposition is filed.
Art. 436.- The opposition will be admissible until the execution of the sentence.
Art. 437.- The opposition shall contain the opponent's means, with summons within the term of the law, and shall be notified at the chosen address.
Art. 438.- The opposition verified at the time of execution, by virtue of the personal declaration of the condemned party, which the bailiff will record in the acts, will suspend the execution of the sentence: the opponent will have the obligation to reiterate his opposition in the following three days, by means of an act, containing a summons to the opposing party; after said period, said opposition will be considered without merit.
Art. 439.- Commercial courts may order the provisional execution of their judgments, notwithstanding appeal and without bond, when there is an uncontested title or a prior conviction about which no appeal has been lodged; in other cases, provisional execution may not be ordered except on the charge of bond or by justifying sufficient solvency, in the one in whose favor it is agreed.
Art. 440.- The surety shall be designated in an act notified at the appellant's domicile, if the latter resides in the place where the court is located; if not, at the domicile chosen according to article 422, with notification to appear on a fixed day and time, at the court clerk's office to take communication, without removing them, of the titles that constitute the surety that has been ordered to be provided, and the hearing in justice to hear and decree the admission of the same, in case the surety has been answered.
Art. 441.- If the appellant does not appear or does not raise objections to the guarantor, a commitment act will be drawn up in the secretariat; if, on the contrary, he challenges the guarantor on the day indicated in the summons, the appropriate legal action will be taken. In any case, the sentence will be enforceable, notwithstanding execution or appeal.
Art. 442.- Commercial courts shall not have any jurisdiction over matters relating to the execution of their judgments.
BOOK III: ON APPEALS
SOLE TITLE: ON APPEALS AND APPEAL PROCEDURES
Art. 443.- (Modified by Law 845 of July 15, 1945). The deadline for appeal is one month in both civil and commercial matters. When the sentence is contradictory due to the application of articles 149 and following, the term will be counted from the day of notification of the sentence to the convicted person or to his representative or at the domicile of the former. When the judgment is not contradictory or is deemed to be contradictory, the term will be counted from the day on which the opposition is not admissible. The defendant may, however, file an incidental appeal at any stage of the proceedings, even if the judgment has been notified without reservation. Art. 444.- Appeals filed outside of these deadlines will not be valid: these deadlines apply to all parties, except for their appeal against the party who is legally entitled to do so. For unemancipated minors, the time limit for appeal will be counted from the day of notification of the sentence to the guardian and the pro-guardian, even if the latter has not appeared in the case. Art. 445.- (Modified by Law 845 of July 15, 1978). Persons residing abroad will have, in addition to the one-month period counted from the day of notification of the sentence, the period indicated for summonses in Article 73. Art. 446.- Persons absent from the territory of the Republic in the service of the State, as well as sailors absent because they are sailing, will have a term of two months, increasing with that of six months, to file an appeal. The terms expressed will be counted from the day of notification of the judgment. Art. 447.- The time limits for filing an appeal will be suspended upon the death of the convicted litigant. They will be counted again from the notification of the sentence made as prescribed in articles 61 and 68, at the domicile of the deceased person. If the notification of the judgment is made when the terms for the formation of inventories and for deliberating about the inheritance have not expired, the time limit for filing an appeal will then be counted from the expiration of said terms. The notification of the judgment may be made to the heirs collectively and without specifying names and qualities. Art. 448.- When a sentence is pronounced on the basis of a false document, the time limit for appeal shall then be counted from the day on which the falsity is confessed, or on which it has been judicially established. In the event that a litigant is condemned for lack of a decisive document, withheld by his adversary, the term for appeal will begin on the day on which, by means of written evidence, and not otherwise, it is justified that the withheld document was recovered. Art. 449.- (Repealed by Article 9 of Law 845 of July 15, 1978). Art. 450.- (Repealed by Article 9 of Law 845 of July 15, 1978). Art. 451.- Preparatory rulings may not be appealed except after the final judgment and together with the appeal of the latter; and the time limit for filing an appeal of the former shall begin to run from the day of notification of the final judgment; this appeal is admissible, even if the preparatory judgment has been executed without reservation. Appeals against interlocutory judgments and rulings that grant a provisional request may be filed before the final judgment is issued. Art. 452.- A preparatory sentence is considered to be one issued for the substantiation of the case, and to put the lawsuit in a state to receive a final judgment. An interlocutory sentence is one thatA court pronounces in the discourse of a lawsuit, before establishing law, ordering evidence, verification or procedural steps that prejudge the substance.
Art. 453.- The final qualification given by judges who have no power other than to resolve the case in the first instance does not preclude the appeal of a sentence; however, an appeal filed in a case that cannot run through more than one instance will not be admissible, even if the judges who issued the ruling omitted to qualify it, or even if they qualified it in the first instance.
Art. 454.- When the appeal concerns incompetence, it will be admissible, even if the judgment that motivates it is qualified in the last instance.
Art. 455.- Appeals against judgments subject to opposition shall not be admissible during the period of opposition.
Art. 456.- The act of appeal shall contain a summons in accordance with the law to the person summoned, and must be notified to said person or at their domicile, under penalty of nullity.
Art. 457.- Appeals against final or interlocutory judgments that, in authorized cases, are not declared with provisional execution have a suspensive effect. The execution of sentences improperly qualified in the final instance may not be suspended except by virtue of a ruling of the court before which the appeal is made, obtained in a hearing in justice by the appellant, with summons to the defendant within a short term. As regards the rulings not qualified in the first instance, issued by the judges who have the power to pronounce them in the final instance, the courts before which they are appealed may order the provisional execution of the same in a hearing in court and by virtue of a simple act.
Art. 459.- (Repealed and replaced by articles 137 and 139 inclusive of Law 834 of July 15, 1978).
Art. 460.- (Repealed and replaced by articles 137 and 139 both inclusive of Law 834 of July 15, 1978), whose texts are as follows: Art. 137.- When provisional execution has been ordered, it cannot be stopped, in case of appeal, except by the president ruling in summary proceedings and in the following cases: 1st. If it is prohibited by law; 2nd. If there is a risk of manifestly excessive consequences; in the latter case, the judge in charge may also take the measures provided for in articles 130 and 135.
Art. 138.- When provisional execution has been refused, it cannot be ordered, in case of appeal, except by the president ruling in summary proceedings.
Art. 139.- When provisional execution has not been requested, or if, having been requested, the judge has failed to rule, it may not be ordered in case of appeal, except by the president ruling in summary proceedings.
Art. 461.- All appeals, even from judgments rendered in cases substantiated in writing, shall be heard in court, and the appeal court may order that the proceedings be conducted in writing.
Art. 462.- The appellant, in the eighth day of the constitution of lawyer by the defendant, will notify the latter of the grievances against the appealed sentence. The person summoned will answer them in the following eight days. The court hearing will be promoted without the need for other procedures.
Art. 463.- Appeals of judgments rendered in summary matters shall be heard in court, by virtue of a simple act and without the need for further proceedings. The same procedure will be followed for appeals of judgments in which the defendant does not appear in court.
Art. 464.- A new claim may not be established in the appeal stage, unless it concerns compensation, or the new claim is made as a means of defense in the main action. Litigants in the second instance may claim interest, income, rents and other accessories, due since the judgment of the first instance, as well as the damages and losses experienced since then.
Art. 465.- The new claims authorized by the preceding article, as well as the exceptions of the defendant, shall not be presented except by simple written statement, motivated by law. The same procedure will be followed when the litigants change or modify their previous conclusions. The written document in which the means of defense or exceptions alleged in the first or second instance are produced will not cause fees in favor of the person who presents them. For the writer in whom, along with the reproduction of the above-alleged, new means of defense are used or other exceptions are proposed, the improved or augmented part of the defense will be charged.
Art. 466.- Intervention will be admissible when the one attempting it can, with right, deduce the third party claim.
Art. 467.- In the case of two or more opinions among the judges, those who support the one with the fewest votes will join the one supported by the largest number of judges.
Art. 468.- In case of a tie, in the Supreme Court, the president or one of the judges of the court of first instance will be called, if they have not intervened in the lawsuit. In the event that all the judges have heard the case, one of the lawyers with an open office will be called to intervene in the sentence; and the matter will be discussed again or related again, if it is a case substantiated in writing.
Art. 469.- The expiration, in a cause of appeal, will have the effect of giving the appealed sentence the authority of res judicata.
Art. 470.- The other rules established for the lower courts shall be observed in the Supreme Court of Justice.
(See Article 164 of the Judicial Organization Law 821 of November 21, 1927, as amended by Law 294 of 1940).
Art. 471.- (Repealed by Art. Sole Article of Law 1077 of March 17, 1936).
Art. 472.- The execution of a confirmed sentence will correspond to the court that issued it in the first instance. The execution, between the same parties, of a revoked sentence, will correspond to the court that resolved the appeal, or to another court that is designated in the revoking sentence; except in cases of claims for annulment of imprisonment, forced expropriation, or for which the law has determined jurisdiction.
Art. 473.- When there is an appeal of an interlocutory judgment, if it is revoked and the lawsuit is in a state to receive a final judgment, the Courts that hear the appeal may at the same time and by a single ruling resolve the merits. They may also do so when, due to procedural nullity or other cause, they revoke the final judgments of the lower court.
BOOK IV: ON EXTRAORDINARY REMEDIES TO CHALLENGE JUDGMENTS
TITLE I: ON THIRD-PARTY INTERVENTION
Art. 474.- A party harmed in its rights by a judgment, in which neither it nor the persons it represents have been summoned, may bring a third-party claim against said judgment. Art. 475.- The third-party claim brought as a main action shall be submitted to the court that issued the challenged judgment. The claim, brought as an incident in a pending process before a court, will be established by instance before said court, if it is equal to or higher than the one that pronounced the judgment, the reason for the third party claim. Art. 476.- If the court is not equal or higher, then the third party claim filed as an incident will be filed as a main action before the court that issued the judgment from which the third party claim arises. Art. 477.- The court before which the appealed judgment has been filed may, depending on the circumstances, continue the proceedings or suspend them to hear the incident. Art. 478.- Judgments that have acquired the character of res judicata and that order the abandonment of an estate, will be executed against the condemned litigants, notwithstanding the third party's intervention, and without causing prejudice to this action. In other cases, the judges may, taking into account the circumstances, suspend the execution of the sentence. Art. 479.- (Repealed by the sole article of Law 1077, of March 17, 1936). TITLE II: ON CIVIL REVIEW Art. 480.- (Modified by Art. 1st. of the Law of March 13, 1913). Contradictory judgments issued in last resort by the courts or tribunals of first instance and of appeal, as well as default judgments also given in last instance, and which are not subject to opposition, may be withdrawn at the request of those who have been parties in said judgments, or who have been legally summoned in the following cases: 1st. if there has been personal intent; 2nd. if the formalities prescribed under penalty of nullity have been violated before or when the sentences are given, provided that the nullities have not been covered by the parties; 3. if it has ruled on matters not requested; 4th. if more has been granted than was requested; 5th. if a decision has been omitted on one of the main points of the claim; 6th. if there is a contradiction of rulings in the final instance in the same courts or tribunals, between the same litigants and on the same grounds; 7th. if there are conflicting provisions in the same instance; 8th. if the prosecutor has not been heard; 9th. if the judgment was based on documents that were recognized or declared false after the sentence was pronounced; 10. if, after the judgment, decisive documents that were withheld due to the opposing party have been recovered. Art. 481.- The State, municipalities and public establishments and minors, will be admitted the appeal of civil review when they have not been defended, or when, because the means that favor their respective rights have not been alleged in their defenses, a sentence is declared against them that harms them. Art. 482.- When the civil review relates to a point of the judgment, the ruling will be reversed only with respect to that point, unless the other points depend on that part of the judgment. Art. 483.- The civil review will be notified with summons to the adults within two months following the day of notification of the appealed judgment, to person or address. Art. 484.- The two-month period shall not be counted for minors except from the day of notification of the sentence made, after acquiring the age of majority, to a person or address. Art. 485.- When the plaintiff is absent from the territory of the Republic in the service of the State, he shall have, in addition to the ordinary term of two months, from the notification of the judgment, a further period of six months to file the appeal in civil review. The same term will apply to sailors absent due to navigation. Art. 486.- Those residing abroad will have, in addition to the two months indicated from the notification of the sentence to file the civil review, the term that for summonses is set by article 73. Art. 487.- If the condemned party dies before the time limits indicated in the previous articles have expired, in this case, what is missing from them will not begin to be counted for the succession, but in the terms and manner prescribed in article 447. Art. 488.- When the civil review is motivated by fraud, falsity or the recovery of decisive documents, the time limits for filing said appeal will be counted from the day on which the fraud or falsity has been recognized, or the documents recovered, provided that there is proof, precisely in writing, of the day on which the documents were recovered or the fraud was recognized. Art. 489.- When it is due to a contradiction of judgments, the term will be counted from the day of notification of the last judgment. Art. 490.- The civil review will be established before the same court that issued the challenged sentence, and the same judges who issued it may hear it.Art. 491.- When a party wishes to challenge, by way of civil review, a judgment presented in a case pending before a court other than the one that issued it, the matter shall be brought before the court that issued the challenged judgment; and the court that hears the case in which the said judgment is alleged, taking into account the circumstances of the case, may continue or suspend the proceedings of the same case.
Art. 492.- The civil review shall be filed by means of a summons served at the address of the lawyer of the party that obtained the appealed judgment, when said civil review is attempted within six months of the date of the judgment; after this term, the summons shall be served at the address of the party.
Art. 493.- When the civil review is promoted incidentally before a court competent to resolve about it, it will be attempted by means of an act of lawyer to lawyer; but when it is incidental in a lawsuit conducted before a court other than the one that pronounced the judgment, it will then be established by summons before the judges who have issued the challenged judgment.
Art. 494.- (Repealed by the sole article of Law 1077 of March 17, 1936).
Art. 495.- The receipt of the deposit, as well as the consultation of three lawyers, will be notified at the head of the lawsuit. In consultations, lawyers will state that they are of the opinion that civil review is appropriate and will state the grounds on which they base it; otherwise, civil review will not be admitted.
Art. 496.- If the civil review is notified within six months of the date of the judgment, the lawyer of the party in whose favor the judgment was issued will continue to be constituted by right in the civil review, without the need for a new power of attorney.
Art. 497.- The appeal in civil review will not prevent the execution of the appealed judgment: no prohibitions may be agreed that paralyze or terminate said execution: he who has been condemned to the abandonment of an estate, will not be allowed to litigate in the civil review, if proof of having complied with the execution of the judgment issued in the main is not presented.
Art. 498.- The civil review will be reported to the prosecutor.
Art. 499.- No other means, apart from those contained in the consultation of the lawyers, may be alleged in writing or discussed at the hearing.
Art. 500.- (Repealed by the sole article of Law 1077 of March 17, 1936).
Art. 501.- When civil review is admitted, the appealed judgment shall be retracted and the parties shall be restored to the state they were in before said judgment: the sums deposited shall be returned and the objects received by the condemnations of the retracted judgment shall be restored. When it is agreed upon due to a contradiction of judgments, the ruling that admits it will order that the first judgment have all its legal effects.
Art. 502.- The court that decided the civil review will be competent to hear the merits of the case in which the retracted sentence was issued.
Art. 503.- No party may file a civil review against the judgment already challenged by this means, against the one that has rejected said appeal, as well as against the one issued in the main response after the civil review has been admitted, under penalty of nullity and damages, even against the lawyer who, having defended in the first lawsuit, becomes the lawyer in the second.
Art. 504.- (Modified by Art. 1st. of the Law of March 13, 1913). The contradiction of judgments issued in the final instance by different courts or tribunals, between the same parties and on the same grounds, is grounds for cassation, and the matter will be processed and judged in accordance with the law of cassation procedure.
TITLE III: ON CIVIL LIABILITY ACTIONS AGAINST JUDGES Art. 505.- Judges can be sued for civil liability: 1st. when it is alleged that in the handling of a lawsuit or in pronouncing a sentence there has been malice, fraud or extortion; 2nd. when the civil liability of the judge is expressly stated by law; 3. when the law declares the judges responsible, under penalty of damages; 4th. when there is a denial of justice.
Art. 506.- There will be a denial of justice when judges refuse to provide for requests in justice, or neglect to rule on matters that are in progress and are in turn to be judged.
Art. 507.- The denial of justice shall be made known by means of two petitions addressed to the judges in the person of the secretaries, and which shall be notified at the interval of three days at least, if it concerns the justices of the peace and the judges of the commercial court; and at least every eight days, if they refer to the other judges; every bailiff required shall be obliged to make the notifications of said petitions, under penalty of interdiction.
Art. 508.- After the two requests expressed, the judge may be sued for civil liability.
Art. 509.- The civil liability claim against the justices of the peace, the courts of first instance and of commerce or against some of their members, as well as against some of the magistrates of the Supreme Court, will be promoted and processed before the Supreme Court of Justice.
Art. 510.- However, no judge may be sued for civil liability without prior permission from the Supreme Court of Justice.
Art. 511.- For this purpose, an application signed by the party or by his representative, with authentic and special power of attorney, shall be submitted, which power of attorney, as well as the supporting documents, if any, shall be attached to the application, under penalty of nullity.
Art. 512.- Injurious words may not be used against judges, under penalty of a fine against the party, and of warning, and even suspension against the lawyer.
Art. 513.- (Repealed by Law 1077 of March 17, 1930).
Art. 514.- When the civil liability claim is admitted, the defendant judge will be notified within three days, who will be obliged to present his defenses in the eighth. The defendant judge shall refrain from hearing the response, and also, until a final judgment is rendered in the civil liability claim, from all cases that the same party, its relatives in the direct line or its spouse, may have established in the court to which the defendant judge belongs, under penalty of nullity of the judgments that are pronounced.
Art. 515.- The civil liability claim of a judge will be brought to the court hearing by a simple act, and will be judged by a court formed ad-hoc by the Supreme Court of Justice, composed of two of the judges who were not among those who agreed to the authorization to establish the claim, and a lawyer.
Art. 516.- The plaintiff who loses in the civil liability action brought against a judge shall be sentenced to a fine that may not be less than seventy pesos and damages in favor of the parties, if applicable.
BOOK V:
ON THE EXECUTION OF JUDGMENTS
TITLE I: ON THE CONSTITUTION OF GUARANTORS Art. 517.- The judgment ordering the constitution of a guarantor will guarantee the term in which it must be constituted, as well as the term in which it must be accepted or challenged. Art. 518.- The guarantor shall appear by means of a bailiff's act notified to the party, if he does not have a lawyer, and by means of a lawyer to a lawyer, if he has appointed one, attaching a copy of the deposit act, which shall be done in the Secretariat, and of the documents that justify the solvency of the guarantor, except in the case in which the law does not require that said solvency be justified by means of documents. Art. 519.- The party may take note of the titles at the secretariat; if the guarantor accepts, he will declare so by means of a simple act; both in this case and when the party does not challenge the guarantor within the specified period, the latter will draw up his commitment act at the secretariat, which will be enforceable without judgment and even by corporal punishment, if it is a case in which it is prescribed. Art. 520.- If the party challenges the guarantor within the period specified by the judgment, the hearing will continue by means of a simple act. Art. 521.- The constitutions of surety will be judged summarily, without instance or writings; the sentence will be executed, notwithstanding appeal. Art. 522.- If the guarantor is admitted, he will lift his commitment act, as established in article 519. TITLE II: ON THE SETTLEMENT OF DAMAGES AND LOSSES Art. 523.- When damages have not been fixed in a judgment, the assessment of them will be notified to the defendant's lawyer, if he has constituted one, and the documents will be communicated under receipt of the lawyer or through the court clerk's office. Art. 524.- The defendant shall be obliged, within the time limits indicated by Articles 97 and 98, and under penalties established therein, to return the said documents; and in the eighth day after the expiration of the said time limits indicated, to make offers to the plaintiff for the sum in which he estimates the damages; otherwise, the case shall be brought by simple act to the hearing in justice, and the debtor shall be condemned to pay the total of the evaluation if it is found to be just and based on legal evidence. Art. 525.- If the offers answered are deemed sufficient, the plaintiff will be condemned to pay the costs incurred from the day of the offers. TITLE III: ON THE LIQUIDATION OF THE FRUITS Art. 526.- The person condemned to return fruits shall render an account of them in the manner expressed below; and the procedure shall be followed with respect to said account as with the others that are given in justice. TITLE IV: ON ACCOUNTABILITY Art. 527.- The accountants commissioned by the justice system will be sued before the judges who appointed them: the guardians, before the judges of the place where the guardianship was conferred upon them; and all other accountants, before the judges of their domicile. Art. 528.- In the event of an appeal of a judgment that has rejected a claim for rendering of accounts, the reversing judgment shall refer the parties to the court in which the claim was filed, or to the court of first instance indicated by the reversing judgment. If the case has been heard and judged in the first instance, the execution of the revocation sentence will belong to the Supreme Court or the court indicated in the sentence. Art. 529.- The parties who are to receive an account and have the same interest will appoint a single lawyer; if they cannot agree on such choice, the most senior lawyer will represent them all; however, each interested party may appoint a lawyer to represent him; but the expenses, both direct and indirect, caused by this appointment of a particular lawyer, will be borne by the party appointing him. Art. 530.- Every sentence containing a condemnation to render an account shall indicate the term in which the account must be given, and shall name the judge who must receive it. Art. 531.- If the preamble of the account, including the mention of the act or ruling in which the accountant was appointed and the judgment ordering the rendering of accounts, exceeds six pages, the excess may not be included in the assessment of costs. Art. 532.- The accountant will not charge to the common expenses but the travel expenses, if applicable, the fees of the lawyer who has put the account receipts in order, the fees of testimonies and copies, and the fees of representation and ratification of the account. Art. 533.- The accounts will contain the actual income and the effective outflows, ending with the recapitulation of the balance sheet. The objects that are yet to be recovered will be listed in a separate chapter. Art. 534.- The accountant shall present and ratify his account personally or through a special agent within the term indicated, and on the day indicated by the commissioner judge, whether the parties who must receive the account are present, or have been summoned to person or domicile, when they do not have lawyers, and by act of lawyer when they have one constituted. If the accountant lets the term he has set elapse without rendering the accounts, he will be compelled to do so by the seizure and sale of his assets, up to the amount set by the court; and also when the court deems it appropriate he will be compelled by corporal punishment. Art. 535.- When the given and ratified account presents a balance in favor of the party that is to receive it, the latter may request the commissioner judge to enforce the collection of said balance, without the need for prior approval of the account. Art. 536.- After the presentation and ratification of the account, it will be notified to the lawyer of the party who is to receive it: the supporting documents will be apostilled and initialed by the lawyer of the accountant; and when they are communicated by means of a receipt, they will be returned within the period set by the commissioner judge, under the penalties of article 107. If the parties who are to receive the account, having the same interest, have appointed different lawyers, the copy will be given to the oldest one and the communication mentioned above will be offered; if they have different interests, the copy and the communication will be made to each lawyer. If there are intervening creditors, they will be given joint notification of the account and supporting documents through the most senior lawyer they have appointed. Art. 537.- Receipts from suppliers, workers, owners of boarding houses, or establishments of the same nature, presented as proof of the account, will not be subject to the formality or the right of registration. Art. 538.- On the day and at the time indicated by the commissioner judge, the parties shall appear before him to present their arguments, supports and responses to the record he has drawn up; if the parties do not appear, the matter shall be promoted in the hearing in justice by virtue of a simple act. Art. 539.- If the parties cannot agree, the commissioner judge will arrange to report himself at the hearing on the day he indicates. The parties must attend without the need for a new summons. Art. 540.- The judgment that intervenes in the trial regarding the account presented will express the calculation of charges and data, and will determine the exact balance. Art. 541.- An account may not be reviewed, without prejudice to the parties, when there are errors, omissions, faults or double use of sums, their right to file the corresponding claims before the same judges. Art. 542.- If the party who is to receive an account does not appear, the commissioner judge will give his report on the day indicated by him. Account entries will be approved when they are justified. The account holder, if affected, will keep the funds without interest; and if it is not a guardianship account, the account holder will constitute a guarantor, or will make the deposit of the sum. TITLE V: ON THE SETTLEMENT OF EXPENSES AND COSTS Art. 543.- (Repealed and replaced by articles 9 to 13 of Law 302 of June 18, 1964). Art. 544.- (Repealed and replaced by articles 9 to 13 of Law 302 of June 18, 1964), whose texts are as follows: Art. 9.- After the pronouncement of the sentence condemning in costs, the lawyers will deposit in the secretary a detailed statement of their fees and the expenses of the party they represent, which will be approved by the judge or president of the court if it is correct, within five days following its deposit in the secretary. Paragraph I.- The settlement that intervenes will be enforceable, both against the opposing party, if it loses, and against its own client, for its fees and for the expenses that it has advanced on behalf of the latter. Paragraph II.- The winning party who has paid the fees to his lawyer as well as the expenses that he has advanced, may recover it from the losing party who has been condemned to pay the expenses and fees. Paragraph III.- When there is a contingency fee agreement, the judge or the president of the court to whom the liquidation has been submitted may not deviate from what was agreed in it, except insofar as it violates the provisions of this law. The contingency fee agreement and the documents proving the attorney's rights will be exempt from all taxes, fiscal or municipal fees with respect to their registration or transition. Art. 10.- When the expenses and fees are the product of contentious administrative proceedings, advice, assistance, representation or any other action or service that cannot culminate or has not culminated in a judgment condemning costs, the lawyer will deposit in the secretary of the court of first instance of his domicile a detailed statement of his fees and the expenses that he has advanced on behalf of his client, which will be approved as indicated in the previous article. Those caused before the Land Court will be approved by the President of the Land Court. Art. 11.- When there is cause for complaint regarding a settlement of fees or expenses and fees, an appeal will be made by means of an instance to the immediately superior court requesting the reform of the same. Appeals against those caused before the Supreme Court of Justice will be made before that Court in plenary session. The clerk of the court in charge, no later than two days after the application has been filed, will summon the parties by certified mail so that the dispute may be heard in council by the president of the corresponding court or tribunal, who must hear the case within ten days following the summons. The parties will present their arguments and conclusions, and the matter will be decided without further formalities or delays within ten days of becoming aware of the matter. The decision made will not be subject to opposition, will be immediately enforceable and will have the same force and value as the statement of fees and the statement of expenses and fees duly approved in accordance with article 9. Art. 12.- All attorneys' fees and expenses advanced on behalf of their client shall enjoy a privilege that shall prevail over those of any other nature, whether movable or immovable, established by law on the date of this document, except those of the State and Municipalities. Art. 13.- In the execution of liquid credits in accordance with this law, articles 149, 150, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165 and 166 of the Agricultural Development Law 6186 of 12-2-1963 shall apply, in cases where the execution is carried out by way of real estate seizure. TITLE VI: GENERAL RULES FOR THE EXECUTION OF JUDGMENTS AND ACTS Art. 545.- (Modified by Law 679 of May 23, 1934). The first copies of judgments and other judicial decisions and those of notarial acts containing an obligation to pay sums of money, whether periodically or at a fixed time, have executory force; as well as the second or subsequent copies of the same judgments and acts that are issued in accordance with the law in substitution of the first. Paragraph.- Without prejudice to the other powers conferred upon them by law, it is a general obligation of the representatives of the public ministry, the bailiffs and the officials entrusted with the deposit of public force to provide their assistance for the execution of the sentences and acts that, in accordance with this article, are endowed with executory force, provided that they are legally required to do so. Art. 546.- (Repealed and replaced by article 122 of Law 834 of July 15, 1978), whose text is as follows: Art. 122.- Judgments rendered by foreign courts and acts received by foreign officials are enforceable in the territory of the Republic in the manner and in the cases provided for by law. Art. 547.- Judgments issued and acts performed in the Dominican Republic shall be enforceable throughout the territory, without the need for a pass or exequatur, even if the execution is carried out outside the jurisdiction of the court that issued the judgment, or the place where the acts were performed. Art. 548.- (Repealed and replaced by articles 115 to 119 inclusive of Law 834 of July 15, 1978). Art. 549.- (Repealed and replaced by articles 115 to 119 inclusive of Law 834 of July 15, 1978). Art. 550.- (Repealed and replaced by articles 115 to 119 inclusive of Law 834 of July 15, 1978), whose texts are as follows: General Conditions of Execution Art. 115.- No sentence, no act, may be put into execution except upon presentation of a certified copy, unless the law provides otherwise. Art. 116.- Judgments may not be executed against those against whom they are opposed except after they have been notified to them, unless the execution is voluntary. In the case of execution based on a draft, the presentation of this draft serves as notification. Art. 117.- Proof of the enforceable nature results from the sentence itself when it is not susceptible to any suspensive appeal or when it benefits from provisional execution. In other cases, this proof results from: – Either the acquiescence of the condemned party; – Either the notification of the decision and a certificate that allows establishing, by comparison with this notification, the absence, within the period, of an opposition, an appeal or an appeal in cassation when the appeal is suspensive. Art. 118.- Any party may obtain from the clerk of the jurisdiction before which the appeal could be filed a certificate attesting to the absence of opposition, appeal or appeal in cassation or indicating the date of the appeal if it has been attempted. Art. 119.- The surveys, security radiations, mentions, transcriptions or publications that must be made by virtue of a judgment are validly made in view of the production, by any interested party, of a certified copy of the judgment or an extract thereof and if it is not enforceable on a provisional basis, of the justification of its enforceable character. This justification can result from a certificate issued by the lawyer. Art. 551.- No seizure of movable or immovable property may be carried out except by virtue of an enforceable title and for liquid and certain things. If the debt due is not a sum of money, the proceedings will be suspended, after the seizure, until the debt has been settled. Art. 552.- The corporal punishment for an object susceptible to liquidation may not be executed until after the liquidation of the same in cash has been made. Art. 553.- Any objections arising from the execution of judgments of the commercial courts shall be submitted to the court of first instance of the place where the execution is sought. Art. 554.- If the difficulties arising from the execution of the judgments or acts require speed, the local court will resolve them provisionally, and will decline to hear the main case in favor of the court that is competent to execute the judgment. Art. 555.- The ministerial officer insulted in the exercise of his functions shall draw up a report stating the rebellion; and the proceedings shall be conducted in accordance with the rules established in the Code of Criminal Procedure. Art. 556.- (Repealed and replaced by article 120 of Law 834 of July 15, 1978), whose text is as follows: Art. 120.- The delivery of the sentence or the bailiff's act is valid for any execution for which no special power is required. TITLE VII: ON OPPOSITIONS OR RETENTIVE ATTACHMENTS Art. 557.- (Modified by Law 1471 of July 2, 1947). Any creditor may, by virtue of authentic titles or under private signature, retentively seize in the possession of a third party, the sums and effects belonging to his debtor or oppose their delivery to him. Paragraph.- In no case shall the unavailability produced by the attachment exceed twice the value of the debt that originates it. Art. 558.- If there is no title, the judge of the debtor's domicile, and also the judge of the domicile of the third attachment, may, by virtue of a request, allow the attachment or opposition. Art. 559.- Every act of attachment or opposition made by virtue of a title, shall contain the statement of the title and the sum for which it is carried out; if the act is done by permission of the judge, the order shall state the amount for which the attachment or opposition must be made, and a copy of the said order shall be given at the head of the act. If the debt for which the attachment is requested is not liquid, the judge will make a provisional assessment of it. The act will also contain the choice of domicile in the place where the third attachment resides, if the executor does not live in the same place: all under penalty of nullity. Art. 560.- The attachment or opposition made in foreign countries will not have legal force in the Republic, nor will the courts have jurisdiction to hear about its validity. Art. 561.- (Modified by Law 138 of May 21, 1971). The attachment or opposition made in the hands of the receivers, depositaries or administrators of public funds, and in this capacity, will not be valid, if the act is not made to the person designated by law to receive it, and if said person does not endorse the original act, or in case of refusal of this person, the prosecutor. The same visa formality must be fulfilled when the seizure is carried out in commercial banks or legally established credit institutions, by authorized officials. Art. 562.- The bailiff who signed the act of attachment or opposition shall be obliged to prove, if required, the existence of the executor at the time he granted the power to attach; under penalty of interdiction and damages to the parties. Art. 563.- In the eighth day of the attachment and opposition plus one day for every three leagues of distance between the domicile of the latter and that of the debtor attached, the executor will be obliged to denounce the attachment or opposition to the debtor attached and summon him in validity. Art. 564.- Within the same term, plus the one agreed upon because of the distance, counting from the day of the valid claim, this claim will be reported, at the request of the executor, to the third party attached, who will not be obliged to make any declaration before said report has been made to him. Art. 565.- If the claim is not established as valid, the attachment or opposition will be null: if this claim is not reported to the third party attached, the payments made by him, until the report will be valid. Art. 566.- (Repealed by Law 5210 of September 11, 1959). Art. 567.- The claim for validity and the claim for release of attachment shall be filed before the court of the domicile of the executed party. Art. 568.- The third attachment may not be cited in a declaration if there is no authentic title or judgment that has declared the attachment or opposition valid. Art. 569.- (Modified by Law 138 of May 21, 1971). The public officials, banks and credit institutions mentioned in article 561 will not be summoned in affirmative declaration; but they will be obliged to issue a certificate, if due, to the party attached, indicating the sum owed, if it is liquidated, when such certificate is requested by the attaching party, provided that there is an authentic title or judgment that declares the validity of the attachment. Art. 570.- The third party subject to attachment will be summoned to the court that must hear the attachment, unless if his declaration is subject to objections, he may request the declination to the court of his domicile. Art. 571.- The third party cited shall make his statement and ratify it in the secretariat, if he is in said place; if not, before the justice of the peace of his domicile, without being obliged in this case to reiterate his ratification in the said secretariat. Art. 572.- The declaration and ratification may be made through a special agent. Art. 573.- The declaration shall state the causes of the debt as well as its amount; the payments on account if they have been made; the act or causes of release, if the third party attached is no longer a debtor; and in all cases the attachments or oppositions that have been made in his hands. Art. 574.- The supporting documents for the declaration will be attached to it, and the entire file will be deposited in the court secretariat, and the act of deposit will be notified by a single act containing the constitution of a lawyer. Art. 575.- If new attachments or oppositions occur, the third party attached shall report them to the lawyer of the first plaintiff by extract containing the names and choice of domicile of the plaintiffs and the causes of the attachments or oppositions. Art. 576.- If the declaration is not answered, no further proceedings will take place either by the third party or against him. Art. 577.- The third party subject to attachment who does not make his declaration, or who does not present the verifications ordered in the previous articles, will be declared a pure and simple debtor of the causes of the attachment. Art. 578.- If the attachment or opposition is levied on movable goods, the third party subject to attachment shall be obliged to attach to his declaration a detailed statement of said goods. Art. 579.- If the attachment or opposition is declared valid, the auction and distribution of its proceeds will proceed, as will be stated in the title On Pro Rata Distribution. Art. 580.- (Modified by Law 4577 of November 2, 1956). Salaries, pensions, subsidies and retirement benefits owed by the State, its autonomous bodies or municipalities, as well as checks issued for this purpose, may not be seized. Nor may mandatory savings be seized that, as a result of legal or administrative provisions, must be made by officials or employees of these entities in banks established in the country. Art. 581.- No seizures will be made: 1st. in things that the law prohibits from being seized; 2nd. in the supplies awarded by the courts for food; 3rd. in the sums and objects available that the testator or the donor have declared cannot be seized; 4th. in the sums and pensions for food, even if the will or the act of donation does not declare them exempt from seizure. Art. 582.- Food supplies may only be seized for the same reason: the objects mentioned in numbers 3. and 4th. The assets of the previous article may be seized by creditors after the act of donation or the opening of the legacies, and this by virtue of the authorization of the judge and for the portion that he determines. TITLE VIII: RETAINING EMBARGO Art. 583.- Every executive attachment shall be preceded by a payment order made at least one day before the attachment, to the person or domicile of the debtor, and containing notification of the title if it has not already been notified to him. Art. 584.- The payment order shall contain a choice of domicile until the conclusion of the attachment proceedings in the place where the execution must be carried out, if the creditor does not reside there; and the debtor may make all his notifications in that chosen domicile, including those of real offers and appeal. Art. 585.- The bailiff shall be accompanied by two Dominican citizen witnesses, of legal age, who are not relatives or relatives of the parties or of the bailiff, up to and including the degree of first cousin, nor their servants. The bailiff will state in his report the names, professions, and addresses of the witnesses, who will sign the original and the copies. The executing party may not be present at the act of attachment. Art. 586.- The formalities required in the acts of the bailiffs will be observed in the records of the executive seizures: they will contain a reiteration of the order, if the seizure is made in the dwelling of the person being seized. Art. 587.- If the doors of the building where the seizure is to be carried out are closed or if they are refused to be opened, the bailiff may establish guards at the doors to prevent the removal of the objects; he shall appeal at once, without summons, to the justice of the peace, and in the absence of the latter, to the police commissioner, and in places where there is neither one nor the other authority, to the agricultural inspector and the local mayor, in whose presence the opening of the doors of the building, and even of the closed furniture, will take place, as the procedures for the seizure require it. The official who is transported will not draw up a report; but he will sign the one of the bailiff, who may only draw up one report for the entire matter. Art. 588.- The seizure report will contain the detailed designation of the seized items: if there are goods, they will be weighed or measured according to their nature. Art. 589.- The silver tableware will be detailed piece by piece, with its mark and weight. Art. 590.- If there is cash, the number and quality of the coins will be recorded; the bailiff will deposit them in the public treasury, unless the plaintiff and the party being seized, together with the opponents, if any, agree to choose another depositary. Art. 591.- If the person whose property is being seized is absent, and there is a refusal regarding the opening of any room or piece of furniture, the bailiff will require that it be opened; and if he finds papers, he will require the affixing of seals to the official called for the opening. Art. 592.- The following may not be seized: 1st. the objects that the law declares as real property by destination; 2nd. the everyday bed of the persons whose property is seized and of the children who live with them and the clothes for their precise use; 3rd. Books related to the profession of the person whose property is being seized, chosen by the latter and which reach a value of up to three hundred pesos; 4th. Machines and apparatus dedicated to teaching, practice or the exercise of sciences and arts, up to the value of the sum of three hundred pesos, chosen by the person whose property is seized; 5th. the equipment of the military personnel, according to their rank and according to regulations; 6th. the tools of the workers, necessary for the art or trade to which they may be dedicated; 7th. grains, flours and goods for the maintenance of the person whose property is being seized and his family for one month; 8th. In short, one cow, three sheep or two goats, at the choice of the person being foreclosed, with the straw, grass or fodder and grains necessary for the manger, or its maintenance for a month. Art. 593.- The objects expressed in the previous article may not be seized even for credits of the State, except when it is for food provided to the party seized, or for sums owed to the manufacturers or sellers of the said objects, or to the one who has lent the money to buy, manufacture or repair them; for leases and harvests of the lands in whose cultivation it has been employed; for rents of factories, mills, presses, factory apparatus on which they depend, and rents of the places intended for the dwelling of the debtor. The objects specified in the second paragraph of the preceding article may not be seized for any kind of credits. Art. 594.- In case of seizure of animals and utensils intended for the exploitation of the land, the justice of the peace may, by virtue of a demand of the executor, after summoning or hearing the owner and the seized party, establish a person manager of the exploitation. Art. 595.- The date of the sale will be indicated in the seizure report. Art. 596.- If the party being seized presents a solvent depositary who takes charge voluntarily or involuntarily, he will be appointed by the bailiff. Art. 597.- If the party being seized does not present a solvent depositary, and of the required quality, one will be established by the bailiff. Art. 598.- The following may not be established as depositaries: the plaintiff, his spouse, his relatives and in-laws up to and including the degree of first cousin and his servants; but the party seized, his spouse, his relatives, in-laws and servants may be depositaries, if they give their consent, and the plaintiff agrees. Art. 599.- The seizure record must be drawn up on the spot, and at the moment the seizure is carried out; the depositary will sign the original and the copy, and if he does not know how to sign, mention will be made of that circumstance, leaving a copy of the record. Art. 600.- Those who by force prevent the appointment of a custodian, or who remove or conceal the seized objects, will be prosecuted in accordance with the Code of Criminal Procedure. Art. 601.- (Modified by Law 3459 of December 24, 1952). If the seizure is carried out at the party's address, a copy of the record will be left immediately, signed by the persons who signed the original: if the party is absent, the copy will be delivered to the municipal trustee or the official who, because the doors were refused, intervened in opening them, and the official who receives the copy must endorse the original. Art. 602.- If the seizure is made outside the domicile and during the absence of the seized party, the copy of the record will be notified to him on the same day plus one day for every three leagues of distance: otherwise, the expenses of the deposit and the term for the sale will not run or be shortened from the day of the notification. Art. 603.- The depositary may not use the seized items, lend them or rent them, under penalty of deprivation of his fees as depositary of damages, for the payment of which he may be required even by corporal punishment. Art. 604.- If the deposited objects have produced increases or benefits, he will be obliged to render an account, even under corporal punishment. Art. 605.- The depositary may request his discharge, if the sale has not been made on the day indicated in the record, without there having been any obstacle that prevented it; and in case there are obstacles that prevent the sale, the discharge may be requested for two months after the attachment, except for the executor to appoint another depositary. Art. 606.- The discharge will be requested from the executing party and the party seized by summons in summary proceedings before the president of the court of the place of seizure; if agreed, the verification of the seized objects will be carried out beforehand after the parties have been summoned. Art. 607.- The procedure will continue, despite the claims of the party whose property has been seized, which will be judged in summary proceedings. Art. 608.- Anyone claiming to be the owner of all or part of the seized objects may oppose the sale by means of an act notified to the depositary, and the executor and the seized part having been denounced, containing a reasoned citation and statement of the proofs of ownership, under penalty of nullity: it will be brought before the court of the place of seizure, and will be raised as a summary matter. The claimant who loses will be condemned, if applicable, to damages in favor of the executor. Art. 609.- The creditors of the attached part, for any reason, even for rents, may not establish opposition except on the price of the sale; their oppositions shall express the cases that motivate it; they shall be notified to the executor and to the bailiff or other officials in charge of the sale, with choice of domicile in the place where the attachment is verified, if the opponent is not domiciled there; all under penalty of nullity of the oppositions, and of damages against the bailiff, if there is cause for it. Art. 610.- The opposing creditor may not exercise actions except against the attached party, and only against it may he obtain judgments; no action shall be exercised against him, except the right to discuss the causes of his opposition, when the distribution of the money produced from the sale is verified. Art. 611.- The bailiff who, appearing to seize, finds an existing seizure and an established depositary, may not seize again; but he may proceed to verify the furniture and effects included in the seizure record; a record that the depositary will be obliged to present to him; he will seize the omitted effects and will notify the first executor for the sale of everything in the eighth day; the verification record will produce the same effects as the opposition, in the distribution of the proceeds of the sale. Art. 612.- In the event that the plaintiff does not carry out the sale within the period indicated above, any opponent, having an enforceable title, may, by giving prior notice to the plaintiff, and without establishing a subrogation claim, proceed to verify the seized effects by means of the copy of the seizure record that the depositary must present to him and after this, to the sale of the seized objects. Art. 613.- There will be at least eight days between the notification of the seizure to the debtor and the sale. Art. 614.- If the sale is made on a day other than the one indicated in the notification, the party being seized will be summoned, with one day's interval, also counting one day for every three leagues of distance between the domicile of the seized party and the place where the sale of the goods is carried out. Art. 615.- Opponents will not be summoned. Art. 616.- The verification report that precedes the sale will not contain any statement of the seized goods, but of the surplus, if any. Art. 617.- The sale shall be conducted in the nearest public market on the ordinary market day and hours, or on a Sunday; the court may, however, allow the sale to be conducted in the place that offers the most advantage. In all cases, it will be announced one day in advance, by means of at least four edicts posted, one in the place where the goods are located, another at the door of the town hall, the third in the market of the place, and if there is none, in the nearest one, the fourth at the door of the premises of the justice of the peace; and if the sale takes place in a place other than the market or the place where the goods are located, a fifth edict will be posted where the sale is made. The sale will also be advertised in the newspapers, if any, in the towns where it takes place. Art. 618.- The edicts will indicate the place, day and time of the sale, as well as the nature of the objects without particular designation. Art. 619.- The posting of the edicts will be recorded in a document drawn up by the bailiff, to which a copy of the edicts will be attached. Art. 620.- If it concerns boats, launches or seagoing vessels, of the size of ten tons or less, boats, canoes, pontoons or other river craft, mills and other movable apparatus, placed on small vessels or otherwise, the sale will be carried out in the ports, anchorages, places of docking and mooring of boats, or docks where they are found; at least four edicts will be posted, in accordance with the previous article, and three publications will be made on three different and consecutive days in the place where the said effects are found: the first publication will not be made until at least eight days after the notification of the seizure. In towns where there are newspapers, the three publications will be replaced by the insertion of the notice of the sale; notice that will be repeated three times during the month preceding the sale. Art. 621.- Silver tableware, rings and jewels worth at least sixty pesos may not be sold without, after the edicts have been posted as stated above, three exhibitions being held, either in the market or at the point where the aforementioned objects are located; without in any case the silver tableware being sold for less than its real value, and the rings and jewels for less than the estimate made by the experts. In towns where there are newspapers, the sale will be advertised in them, with the advertisements being repeated three times consecutively. Art. 622.- When the value of the seized goods exceeds the amount of the causes of the seizure and the oppositions, only the sale of sufficient objects to produce the sum necessary for the payment of the credits and the expenses will be carried out. Art. 623.- The sale record shall state the presence or absence of the party whose property is being seized. Art. 624.- The award will be made to the highest bidder in cash payment. Failure to pay will result in further announcements, at the expense of the first awardee. Art. 625.- Public enchanters and bailiffs will be personally responsible for the value of the awards and will mention in their minutes the names and addresses of the awardees: they may not receive from them any sum higher than that of the proclamation under penalty of extortion. TITLE IX: ON THE SEIZURE OF UNHARVESTED FRUITS Art. 626.- Fruits still hanging from their branches or roots may not be seized except during the six weeks preceding the ordinary time of their maturity, and after a payment order with an interval of one day. Art. 627.- The seizure record shall indicate each piece, its contents and its location, as well as at least two of its boundaries and limits, also expressing the nature of the fruits. Art. 628.- (Modified by Law 3459 of December 24, 1959). The local mayor will be appointed as guardian, provided that he is not subject to the exclusion determined by article 598; and if he is not present, he will be notified of the seizure. If the municipalities where the assets are located are contiguous, a single guardian will be constituted, who will not, however, be the same local mayor, and the original must be endorsed by the local mayor of the main point of exploitation. Art. 629.- To proceed with the sale of the fruits, this will be announced by means of edicts posted at least eight days before, on the door of the house of the person being seized, on the door of the town hall, and if there is none, on the points where it is customary to post the publications of the authorities; in the main market of the place or in the nearest one, if there is none, as well as on the door of the premises of the justice of the peace. Art. 630.- The edicts will designate the day, the hour and the place of the sale, the names and residence of the party who was seized and of the executor, the amount of tasks and the nature of each kind of fruit, as well as the common in which they are located, without the need for another designation in this respect. Art. 631.- The posting of the edicts will be recorded in the manner prescribed by the title On executive attachments. Art. 632.- The sale will take place on a Sunday or market day. Art. 633.- It may also be done in the places or in the town square where most of the seized objects are located; as well as in the market of the place, or in the absence of it in the nearest one. Art. 634.- For the others, the formalities prescribed in the title "On executive attachments" will be observed. Art. 635.- The distribution of the sale proceeds will be carried out in the manner and form indicated in the title OF THE PRO RATA DISTRIBUTION. TITLE X: ON THE SEIZURE OF INCOME CONSTITUTED IN THE HEAD OF PRIVATE INDIVIDUALS Art. 636.- Only by virtue of an executive title, may an annuity constituted in perpetuity or for life be seized by means of a determined capital or from the price of the sale of a property, or from the assignment of real estate securities, or from any other onerous or gratuitous title. This seizure shall be preceded by a payment order, made to the person or at the domicile of the obligated or condemned party at least one day before the seizure, and containing notification of the title, if it has been previously notified to him. Art. 637.- The rent will be seized from the person who owes it by an act that contains, in addition to the ordinary formalities, the statement of the title constituting the rent, its amount, its capital, if any, and the credit title of the executor; the names, profession and residence of the party to whom it is seized; choice of domicile in the office of a lawyer and a summons in declaration to the third party seized for before the Court in which the sale is pursued. Art. 638.- The debtor of the rent shall observe the provisions contained in articles 570, 571, 572, 573, 574, 575 and 576 relating to the formalities that must be fulfilled by the third party who is being seized. If the debtor does not make his declaration, or makes it late, or does not provide the justifications ordered, he may be condemned, as the case may be, to pay the rent for failure to justify his release, or to the damages and losses that result, either from his silence, or from the delay in making his declaration, or from the procedure to which it may have given rise. Art. 639.- An embargo in the hands of persons who do not reside in the territory of the Republic will not have legal force, nor will the courts be competent to know its validity. Art. 640.- The act of seizure will always be equivalent to the retention of the interest due or to be due until distribution. Art. 641.- In the three days of the attachment, counting one or more for every three leagues of distance between the domicile of the debtor of the rent and that of the executor, and the same period in reason of the distance between the domicile of the latter and that of the attached party, the executor will be obliged to report it to the latter, and notify it on the day of the publication of the terms and conditions. Art. 642.- At least ten days, and at most fifteen, after the attached party has been notified, and counting the time limits for distances, as prescribed in article 641, the plaintiff shall deposit in the clerk's office of the court before which the sale is sought, the terms and conditions containing the names, profession and residence of the plaintiff, the attached party and the debtor of the rent, the nature of these, their amount, that of the capital, if any, the date and the statement of the title by virtue of which it is constituted, the statement of the registration, if the title contains a mortgage, and if this has been registered for security of the rent; the names and residence of the lawyer of the plaintiff, the conditions of the adjudication and the price set for these, indicating the day of publication of the terms and conditions. Art. 643.- At least ten days, and at the latest twenty, after the deposit of the terms and conditions in the secretariat, it shall be read and published at the hearing on the indicated day, and the court shall give proof of this to the plaintiff. Art. 644.- The court will rule immediately on the objections and observations that have been made and inserted in the terms and conditions, and will set the day and time when it must proceed to the award; the period between both procedures must be at least ten days, and at most twenty. The judgment will be inserted immediately after the price offer made by the plaintiff, or after the objections of the parties. Art. 645.- After the publication of the terms and conditions and at least eight days before the award, an extract of these terms and conditions, containing the indication of the day of the award, and also the formalities stated in article 642, will be posted in the following places: 1st. at the door of the home of the person whose property is being seized; 2nd. in the domicile of the rent debtor; 3rd. at the courthouse door; and 4th. in the main square of the town where the sale is being pursued. Art. 646.- The same extract will be inserted in the same term in a local newspaper, if there is one. Art. 647.- The posting of edicts and the insertion of announcements will be justified in the manner prescribed by Articles 698 and 699, and only a greater number of edicts and insertions may be included in the appraisal and in the cases provided for by Articles 697 and 700. Art. 648.- The same rules and formalities prescribed in the title of real estate seizure, by articles 701, 702, 703, 704, 705, 706, 707, 711, 712, 713, 714 and 741, will be observed for the adjudication of rents. Art. 649.- If the successful bidder does not comply with the terms of the award, the lease will be sold at auction, with the bidder responsible for paying the difference in excess of the price obtained again, and the procedure for this must be carried out in accordance with the provisions of articles 734, 735, 736, 738, 739 and 740. However, the period between the new edicts and the adjudication will be a minimum of fifteen days and a maximum of ten, with the notification prescribed by article 736 preceding the new adjudication by at least five days. Art. 650.- The party whose property is seized shall be obliged to propose their means of nullity against the procedure prior to the publication of the terms and conditions, at least one day before the date set for this; and against the subsequent procedure at least one day before the award: all under penalty of expiration. The court will rule, by virtue of a simple act of attorney; and if the means are rejected, the proceedings will immediately proceed either to the publication of the terms and conditions or to the award. Art. 651.- No default judgment in matters of attachment of rents constituted on individuals shall be subject to opposition. Appeals against judgments concerning grounds for annulment, whether substantive or procedural, or concerning other incidents and relating to the procedure prior to the publication of the terms and conditions, shall be deemed not to have been filed when filed after eight days, counted from the notification to the lawyer, if there has been one, and if not, from the notification to the person or at the actual or elected address; and the party subject to attachment may not in the appeal allege other grounds than those presented in the first instance. The appeal will be served at the lawyer's address, and if there is none, at the actual or elected address of the defendant, and will be served at the same time on the court clerk, who will endorse it. In the appeal, the grievances against the sentence must be stated. Art. 652.- The following cannot be challenged by way of appeal: 1st. 2. those that rule on the nullities subsequent to the publication of the terms and conditions. Art. 653.- In the event that the rent has been seized by the creditors, the executive procedure will correspond to the one who first denounced it; in case of concurrence, to the holder of the oldest title; and if the titles are of the same date, to the oldest lawyer. Art. 654.- The distribution of the price will be done in the manner indicated in the title of the pro rata distribution. Art. 655.- The formalities prescribed by articles 636, 637, 639, 641, 642, 643, 644, 645, 646 and 651 shall be observed under penalty of nullity. TITLE XI: ON PRO RATA DISTRIBUTION Art. 656.- In the event that the sums seized or the price of sales are not enough to pay the creditors, the debtor and the creditors will be obliged, within the term of one month, to agree on the distribution on a pro rata basis. Art. 657.- If the debtor and the creditors do not reach an agreement during the indicated term, the officer who has proceeded with the sale will be obliged to deposit in the following eighth day, already in charge of all oppositions, the amount of the sale, with deduction of his expenses, according to the appraisal made by the judge in the minutes of the act; this appraisal must be mentioned in the copies that are issued. Art. 658.- In the court secretariat, a register of the pro rata shares will be kept by a judge appointed for this purpose by the president, at the request of the executor, or, in the absence of the latter, of the most diligent party, said request being made by simple note registered in the same register. Art. 659.- Once the deadlines established by articles 656 and 657 have expired, and by virtue of the order of the commissioner judge, the creditors will be notified to produce their documents, and the party to whom the attachment is made will be notified to take note of them and make objections, if applicable. Art. 660.- Within the month following the notification, creditors who object to the one who attaches or to the officer who has proceeded with the sale, will produce their titles, under penalty of being excluded from their right, in the power of the commissioner judge, with an act containing a demand for placement of their credits and the appointment of a lawyer. Art. 661.- The same act will contain the demand to obtain privilege; however, the owner may summon the debtor and the oldest lawyer in reference before the commissioner judge, to have a preliminary ruling made about his privilege, derived from rents that are owed to him. Art. 662.- The expenses of the judicial proceedings shall be deducted first and foremost, by privilege, in preference to any other credit other than that arising from rents owed to the owner. Art. 663.- Once the above-indicated period has expired, and even before, in the case that the creditors have presented their title and documents, the commissioner judge will draw up, following his record, the pro rata statement, made by virtue of the documents produced; the executor will denounce, by act of lawyer, the closure of the file to the creditors who have appeared, and to the debtor to whom the attachment has been made, with an indictment to take note of this and to make objections about the commissioner judge's file within the term of fifteen days. Art. 664.- If the creditors and the party subject to attachment do not communicate during that term, in the hands of the commissioner judge, they will be excluded, without the need for a new notification or judgment; and no objection will be made if there is no longer a place to answer. Art. 665.- If there is no answer, the commissioner judge will close his file and stop the distribution or pro rata of the sums, ordering the secretary to issue a writ to the creditors so that they may ratify the sincerity of their credits. Art. 666.- Whenever difficulties arise, the commissioner judge will refer the answers to the hearing, where the proceedings will continue by the most diligent party, through a simple act of lawyer to lawyer, without any other procedure. Art. 667.- The creditor who initiates the litigation, the one against whom it is initiated, the party whose property is seized, or the oldest lawyer of the opponents, will only appear in the case, without the plaintiff being able to be called as such. Art. 668.- The sentence will be issued based on the report of the commissioner judge, and after the conclusions of the prosecutor. Art. 669.- Within ten days after notification to the lawyer, the appeal of this sentence shall be filed; and the act shall be notified to the lawyer's address, and must contain a summons and state the grievances, and ruling on this the same as in summary matters. Only the parties indicated in article 667 may be summoned in said appeal. Art. 670.- After the deadline set for the appeal has expired, and in the case of an appeal, after the sentence has been served at the lawyer's address, the commissioner judge will close his file in the manner prescribed by article 665. Art. 671.- Eight days after the file is closed, the secretary will issue the orders contained therein to the creditors so that, by virtue of them, they may ratify before him the sincerity of their claims. Art. 672.- Interest on the sums admitted pro rata will cease from the day the distribution file is closed if no responses are filed: if there are responses, from the day of notification of the judgment that has decided; and if there is an appeal, fifteen days after notification of the judgment that is rendered, by virtue of appeal. TITLE XII: ON REAL ESTATE SEIZURE Art. 673.- (Modified by Law 764 of December 20, 1944). The real estate seizure must be preceded by a payment order, made to the person of the debtor or at his domicile, inserting a copy of the title by virtue of which the seizure is carried out. The order shall contain the statements common to the acts of bailiff, the choice of domicile in the city where the court that must hear the attachment is established, if the creditor does not have one there, and a warning that, in the absence of payment, the debtor's real estate will be seized. Art. 674.- (Modified by Law 764 of December 20, 1944). Real estate seizure may not proceed until thirty days after the payment order; and if the creditor lets more than ninety days pass without proceeding with the seizure, he will be obliged to reiterate the order in the manner and time limits mentioned above. Art. 675.- (Modified by Law 764 of December 20, 1944). In addition to the formalities common to all bailiff acts, the act of seizure shall contain: 1st. The statement of the executive title by virtue of which the attachment is made; 2nd. The mention of the bailiff having been transported to the very point where the goods being seized are located; 3rd. The indication of said property in these terms: If it is a house, the province or district, the common, the street, the number, if there is one, if there is none, at least two of the boundaries. If they are rural properties, the designation of any buildings there may be and their nature, the approximate content of each parcel or subdivision of the property; the name of the settler or tenant, if any; the province or district and the municipality where the properties are located; 4th. The indication of the court that will hear the attachment; 5th. The appointment of a lawyer, with an expression of the same study, permanent or ad hoc, in the city where the court called to hear the attachment has its seat, study in which the pursuer will be considered to have chosen domicile; 6th. If it is a registered property, the title certificate number, the indication of the district, the cadastral number or letter; the parcel or block and lot. Art. 676.- (Modified by Law 764 of 1944). The payment order and the seizure record will be registered, without the need for any other formality. Art. 677.- (Modified by Law 764 of 1944). The seizure will be reported to the person of the person being seized or at their home, within a period of fifteen days from the date on which the only or last seizure record was closed. Art. 678.- (Modified by Law 764 of 1944). Within fifteen days of the date of the complaint, the record thereof, which must contain a copy of the seizure record, will be transcribed in the mortgage registry of the judicial district where the seized assets are located. If the attachment includes property located in more than one judicial district, each transcription must be made within ten days following the date on which the previous transcription is completed; for this purpose, the registrar of mortgages will record the indicated date in the transcription entry. When the attachment has been levied on a registered property, it must be registered in the office of the registrar of titles, in accordance with the Land Registration Law, in which case the registration of the act of attachment produces all the effects that the law attributes to the transcription thereof. Art. 679.- (Modified by Law 764 of 1944). If the mortgage registrar or the registrar of titles cannot immediately proceed to the transcription or registration of the attachment presented to him, he shall mention in the original that is to be left to him the hour, day, month and year in which it was delivered to him; and in case of others, he shall transcribe or register the first act presented. Art. 680.- (Modified by Law 764 of 1944). In the event that there has been a previous attachment, the registrar of mortgages or the registrar of titles shall not transcribe or register the new attachment and shall record the refusal in the margin of the latter, stating the date of the previous attachment, the names, residences and professions of the pursuer and the attached party, and indicating the court that will hear the matter, the name of the lawyer, of the pursuer and the date of the transcription or registration. Art. 681.- (Modified by Law 764 of 1944). If the seized properties are not under tenancy or lease, the person against whom proceedings are brought shall remain in possession of them until the sale, as a sequestrator, unless, at the request of one or more creditors, the judge of first instance orders otherwise in the form of the summary proceedings. However, creditors may, with prior authorization granted by court order issued in the same manner, have the unharvested fruits cut and sold, in part or in full. These fruits will be sold at auction or in any other way authorized by the judge of first instance within the period that has been set and the proceeds will be deposited in the corresponding internal revenue collection office. Art. 682.- (Modified by Law 764 of 1944). Natural or industrial fruits collected after the transcription or registration of the attachment, or the price derived from them, will be considered real estate to be distributed together with the price of the property in the order established by law. Art. 683.- (Modified by Law 764 of 1944). The debtor may not proceed to cut timber, nor damage the property under penalty of damages and the sanctions established by law. Art. 684.- (Modified by Law 764 of 1944). At the request of any creditor or the successful bidder, tenancy or lease agreements or antichresis agreements, or any other type of agreement that restricts the right of ownership, whether or not they have acquired a certain date, will be declared null and void if they were made, registered, or transcribed after the establishment of the mortgage without the consent of the mortgage creditors when they exceed the time of the mortgage, if it is conventional, or one year, counting from the registration, if it is legal or judicial. The consent of the creditors must be stated in the same act that contains the mention of having registered or transcribed. In the case of the privilege of the unpaid seller or of the one who has supplied the money for the acquisition of a property, the same rule established in this article for the cases of conventional mortgage will be observed, and in the other privileges the one established for the cases of legal or judicial mortgage. Art. 685.- (Modified by Law 764 of 1944). Rentals and leases will be considered as real estate, from the moment of transcription or registration of the attachment, to be distributed together with the price of the property in the legal order. A simple act of opposition made at the request of the prosecutor or any other creditor will be equivalent to a withholding attachment in the hands of the tenants and lessees, who will not be able to be released except by execution of the placement order or by depositing the amount of the leases or rents in the office of the internal revenue collector. This deposit will be made at their own request, through a simple notification from the creditors. In the absence of opposition, payments made to the debtor will be valid and the debtor will be responsible, as a judicial custodian, for the sums he has received. Art. 686.- (Modified by Law 764 of 1944). From the day of the transcription or registration of the seizure, the party being expropriated cannot alienate the seized assets, under penalty of nullity, and without the need to make it declared. Art. 687.- (Modified by Law 764 of 1944). However, the alienation that has been carried out in this way will be executed if, before the day fixed for the adjudication of the goods, the acquirer deposits a sum sufficient for the payment of the capital, the interest and costs of what is owed, both to the registered creditors and to the pursuer, and if he notifies them of the act of deposit. Art. 688.- (Modified by Law 764 of 1944). In the event that the sums thus recorded have been borrowed, the lenders may obtain a mortgage whose priority will be determined by the date of its registration or be subrogated to the rights of the creditors whom it relieves of interest. If the sums deposited exceed what is necessary to pay the plaintiff and the registered creditors, the remainder will be delivered to the debtor or will remain in favor of the purchaser, depending on whether the latter acquired the property free of charge or for consideration. Art. 689.- (Modified by Law 764 of 1944). If the deposit has not been made before the assets are awarded, no deadline may be agreed upon for making it under any pretext. Art. 690.- (Modified by Law 764 of 1944). Within twenty days following the date of transcription or registration, the prosecutor shall deposit with the secretariat of the court that is to proceed with the sale the terms and conditions that will govern the award. This document shall contain: 1st, the statement of the title by virtue of which the attachment was carried out and of the acts that preceded it, as well as the statement of the other acts or judgments that followed it; 2nd, the designation of the attached properties as it has been inserted in the attachment record; 3rd, the conditions of the sale; 4th, offer of a price by the pursuer; 5th, list of the registrations that there are on the attached properties or mention of the certification that there are no registrations. The prosecutor may also establish the terms and conditions that every bidder must deposit in advance with the court secretariat a guarantee in cash or certified checks from a banking institution domiciled in the Republic, and this guarantee may not exceed ten percent of the first bid, unless a larger sum has been agreed between the prosecutor and the debtor. Art. 691.- (Modified by Law 764 of 1944). Within eight days of the deposit of the terms and conditions, the lawyer of the plaintiff shall notify the deposit to both the party subject to attachment and the registered creditors and shall also notify them of the day set by the judge to read said terms and conditions, which, without any requirement, shall take place within the term of no less than twenty days following the deposit of the terms and conditions. The registered creditors referred to in the preceding paragraph include those who are registered due to legal mortgages. Creditors and the party whose assets are being seized may object to any of the clauses in the terms and conditions in writing submitted at least ten days before the date set for the reading of the terms and conditions. This document will be served by the opponent on the other parties in the attachment with a summons to appear within a period of no less than two days at the hearing held by the court of first instance, which will rule, without needing to hear the prosecutor, no later than the day designated for the reading of the document. This ruling will not be subject to any appeal. However, no objection can be made to the price offered by the prosecutor. The debtor under attachment or any registered creditor may request, and the court shall order, before the reading of the terms and conditions, provided that the pursuing party has not done so, that every bidder provide in advance the guarantee referred to in the previous article. Art. 692.- (Modified by Law 764 of 1944). If the seller of the seized property is among the registered creditors, the notification will be made to this creditor, in the absence of a domicile chosen by him, at his real domicile provided that he has one in the Dominican territory. This notification will contain the clause that, in the absence of formulating their claim in a resolution and notifying it in the secretariat before the award, they will definitively lose, with respect to the awardee, the right to have it pronounced. Art. 693.- (Modified by Law 764 of 1944). From the date of this notification, the seizure can no longer be cancelled except with the consent of the registered creditors or by virtue of judgments pronounced against them. Art. 694.- (Modified by Law 764 of 1944). On the day set for the reading, the secretary will do so in a public hearing, in which the date of the award will be set. Art. 695.- (Modified by Law 764 of 1944). The period between the reading of the terms and conditions and the awarding of the contract will be at least thirty days and at most forty days. Art. 696.- (Modified by Law 764 of 1944). At least twenty days before the adjudication, the prosecutor's lawyer will have an extract signed by him inserted in one of the newspapers of the judicial district where the assets are located, containing: 1st. the date of the seizure, the date of the complaint and the date of the transcription; 2nd. the names, profession, address or residence of the person being seized and of the plaintiff; 3rd. the designation of the properties, as inserted in the seizure record; 4th. the price set by the pursuer for the award; 5th. the indication of the court and the day and time when the adjudication will take effect; 6th. a mention of the guarantee that has been stipulated in order to be able to be a bidder. All court notices relating to the seizure will be inserted in the same newspaper; if there are no newspapers in the locality, the notices will be made in those of the next locality. Art. 697.- (Modified by Law 764 of 1944). The party interested in giving greater publicity to the sale will so express to the court and the court will decide whether it is necessary to make further publications. The ruling issued will not be subject to any appeal. Art. 698.- (Modified by Law 764 of 1944). The justification for having verified the insertions will be made by means of a copy of the newspaper that contains the extract that the preceding articles deal with. Art. 699.- (Modified by Law 764 of 1944). An extract identical to that prescribed by Article 696 shall be posted by a bailiff on the door of the court in which the adjudication will take place. Art. 700.- (Modified by Law 764 of 1944). The costs of the proceedings up to the sale will be approved by the judge before the award and will be added to the sale price. The amount will be announced at the start of the auction. Art. 701.- (Modified by Law 764 of 1944). On the day indicated for the award, it will be carried out at the request of the claimant or, in the absence of the claimant, of any registered creditor. Art. 702.- (Modified by Law 764 of 1944). At the request of an interested party, the award may be postponed for fifteen days only, for serious and duly justified reasons. The request will be made at that same hearing and will be resolved immediately without hearing the prosecutor. If agreed, the date will be set and the number of times the new announcement must be published will be indicated. When the summons is requested by the prosecutor, it will be granted. Art. 703.- (Modified by Law 764 of 1944). The decision to grant or deny the postponement will be briefly inserted at the foot of the terms and conditions, will not have to be reasoned, registered, notified, or subject to any appeal. It will be enforceable immediately and there will be no award of costs. Art. 704.- (Modified by Law 764 of 1944). In this case, the award will be announced at least eight days before the date set by the judge. However, it will not be necessary to state in the publication that the auction, in accordance with the notices already published, has been postponed to take effect on the date again indicated. This notice will be signed by the prosecutor's attorney. Art. 705.- (Modified by Law 764 of 1944). The bids will be made through a lawyer and in a public hearing. Every auctioneer is obliged to deposit in the secretariat before the auction begins the guarantee required by the terms and conditions, if any has been stipulated therein. No fees of any kind will be charged for the sums thus deposited. Art. 706.- (Modified by Law 764 of 1944). The award cannot be made until three minutes have elapsed since the start of the auction. In the event that there has been no bid during that time, the party pursuing the sale will be declared the successful bidder, with the price he has set in the terms and conditions serving as the basis for the award. If any bids are made before three minutes have elapsed, the award cannot be made until two minutes have passed without any new bids being made in the interval. Art. 707.- (Modified by Law 764 of 1944). The lawyer who made the last bid will be obliged to immediately declare who the successful bidder of the goods is and to present the acceptance when the successful bidder is a third party, or the power of attorney that he/she has, which will be attached to the minutes of his/her declaration. If he fails to make this declaration within the indicated time, or fails to present the power of attorney when a third party is the successful bidder, or in any case whether the successful bidder is the lawyer personally or a third party, when the conditions of the sale are not fulfilled, the lawyer acting in the adjudication may be subject by the plaintiff or one of the registered creditors or the party whose property is seized to disciplinary action by the Supreme Court of Justice, and when it is proven that he knew that he was not in a position to satisfy the obligations established in the terms and conditions of the auction, or that he knew of his client's insolvency to fulfill these same obligations, he will be held responsible for a disciplinary penalty of suspension from the professional practice for a period not exceeding five years nor less than one, without prejudice to any other action and proceedings that may be appropriate, in accordance with the law. Art. 708.- (Modified by Law 764 of 1944). Within eight days of the award, any person may offer, through a lawyer, no less than twenty percent of the price of the first award, and the auction will proceed on this new price. Art. 709.- (Modified by Law 764 of 1944). In order for this new bid to be accepted, it is necessary to deposit in the court secretariat, along with the request, the total sum offered as the new price, in cash or in a certified check from a banking institution domiciled in the Republic and notify both the successful bidder and the registered creditors and the one subject to attachment on this same day. No fees of any kind will be charged for the sums thus deposited. In the event that the last bidder in this new auction is declared to be a fraudulent auctioneer, the bond that he or she has provided in accordance with Art. 690, will be applied firstly to cover the costs of the enforcement proceedings and secondly to pay the interest owed to the mortgage creditor. Art. 710.- (Modified by Law 764 of 1944). Once these formalities have been completed, the judge will issue an order within three days from the date of the request, indicating the day on which the new award will take place. The court clerk will make known, by notice published in the press, that new date, which may not be more than fifteen days from the date on which the order was issued. This auction will proceed as in the previous one, and under the same conditions and requirements established. In the absence of auctioneers, the highest bidder will be declared the winner. Under no circumstances will there be another new bidding process. Art. 711.- (Modified by Law 764 of 1944). Bids may not be made by members of the court before which the seizure is sought, nor by the person whose property is seized, under penalty of nullity of the award and of the subsequent bid and of damages. The prosecutor's lawyer may not be personally awarded the contract, nor make a further bid, under penalty of nullity of the award or the new bid and payment of damages in favor of all parties. Art. 712.- (Modified by Law 764 of 1944). The adjudication judgment will be a copy of the terms and conditions drafted in the manner established by Article 690, and will order the debtor to abandon possession of the property as soon as the judgment is served upon him, which will be enforceable against any person who is occupying the adjudicated property under any title whatsoever. Art. 713.- (Modified by Law 764 of 1944). The award decision will not be delivered to the successful bidder until they present to the secretary proof of having paid the balance of the ordinary costs of the procedure and proof that they have complied with the conditions of the tender that served as the basis for the award and that must be executed before delivery. The proof of payment and supporting documents will be attached to the original judgment and copied directly onto the following line. If the successful bidder fails to provide these justifications within ten days of the award, they will be compelled through the process of a false auction, as will be discussed later, without prejudice to other legal avenues. Art. 714.- (Modified by Law 764 of 1944). The expenses of the procedure will be paid by privilege of the amount of the sale, when they are extraordinary, and so ordered by the adjudication judgment. Art. 715.- (Modified by Law 764 of 1944). The provisions of articles 673, 674, 675, 676, 677, 678, 690, 691, 692, 693, 694, 696, 698, 699, 704, 705, 706 and 709, must be observed under penalty of nullity; but no nullity may be pronounced in cases in which, in the opinion of the court, the right of defense is not violated. Failure to notify of the seizure, failure to transcribe it, omission or lack of notification of an act, in the terms and within the time limits determined by law, will be considered detrimental to the right of defense. When the fault or omission is remedied in a timely manner or is considered not to distort or interrupt the procedure, it may continue by simple court order, issued on the same day that it is submitted to the question. Art. 716.- The adjudication judgment will only be notified to the person or at the address of the party whose property has been seized, and it must be mentioned in the margin of the transcription of the seizure, at the request of the assignee. Art. 717.- (Modified by Law 764 of 1944). The award does not transfer to the awardee more rights to the property than those that the foreclosed party had. However, no one may disturb the successful bidder in the enjoyment of the property by a lawsuit in resolution, the basis of which is the non-payment of the amount of the former sales, unless it has been notified, before the award, in the secretariat of the court before which the sale has been carried out. If the claim has been served in a timely manner, the adjudication must be suspended, and the court, at the request of the plaintiff or any registered creditor, will set the deadline by which the seller is obliged to terminate the proceedings in resolution. The plaintiff may intervene at this stage. If the deadline expires without the claim in resolution having been definitively judged, the adjudication will proceed unless, for serious and duly justified reasons, the court has agreed a new deadline for the judgment of the action in resolution. In the event that, due to the seller's failure to comply with the court's requirements, the award has taken place before the judgment of the claim in resolution, the awardee will not be pursued for the rights corresponding to the former sellers, and the latter's rights will remain unaffected to enforce their credit titles, if applicable, in the order and distribution of the award amount. The judgment of adjudication, duly transcribed or registered when it concerns registered land, will extinguish all mortgages, and the creditors will no longer have any action other than on the amount of the sale. TITLE XIII:OF THE INCIDENTS OF THE REAL ESTATE FORECLOSURE
Art. 718.- (Modified by Law 764 of 1944). Any claim that is established incidentally, in the course of a real estate foreclosure proceeding, shall be made by means of a simple act from lawyer to lawyer containing the means, the conclusions, notification of the deposit of documents in the secretariat, if any, and a summons to a hearing no more than eight clear days nor less than three, all under penalty of nullity. This lawsuit will be brought against any party who lacks a lawyer in the case by act of summons, without increasing the term due to distance. In addition to all the formalities common to summonses, the summons will indicate the day and time of the appearance and will contain an order to take communication of documents in the secretariat, if there are any; all under penalty of nullity. These claims will be investigated and judged as summary matters, without hearing the prosecutor. If the defendant has documents that he intends to use, he shall deposit them in the clerk's office at least forty-eight hours before the time set for the hearing and shall also notify the plaintiff of this deposit before said forty-eight hours with a warning to take note of them; in the event that these documents are not presented, the proceedings will continue. No additional time will be granted by the court for the examination of the documents thus deposited. Art. 719.- In the event that two creditors have registered two attachments of different assets, whose sale is promoted before the same court, both attached assets will be combined, at the request of the most diligent party, and will be continued by the first executor. The accumulation of actions will be ordered, even if one of the attachments is of greater consideration than the other; but in no case may it be requested after the deposit of the terms and conditions; the procedure, if both occur, will correspond to the lawyer holding the oldest title; and if the titles are of the same date, to the older lawyer. Art. 720.- If the second attachment presented for transcription is of greater importance than the first, it shall be transcribed for the objects not included in the first, and the second executor shall be obliged to report the attachment to the first; who shall continue the executive procedure between both, if they are in the same state; otherwise, he shall suspend it with respect to the first, and it shall continue with respect to the second, until it reaches the same degree; then both attachments shall be accumulated and submitted to the same procedure before the court that hears the first one. Art. 721.- If the first plaintiff who promotes the sale has not continued the second attachment that was reported to him in accordance with the previous article, the second plaintiff may demand the subrogation by means of a simple act. Art. 722.- Subrogation may also be requested in the event of collusion, fraud or negligence, subject to the reservation, in cases of collusion or fraud, of the payment of damages to whomever it may concern. There is negligence when the person executing the seizure has not fulfilled some formality, or has not carried out some procedural act within the prescribed time limits. Art. 723.- The party that loses the subrogation claim will be personally condemned to pay the costs. The plaintiff against whom the subrogation is pronounced will have to deliver the proceedings to the subrogated party, either after the adjudication, whether they are taken from the proceeds of the sale, or by the successful bidder. Art. 724.- When an attachment of real estate has been cancelled, the most diligent of the subsequent executors may continue the procedure on his attachment, even if it was not the first one presented for transcription. Art. 725.- (Modified by Law 764 of 1944). The claim for the release of all or part of the seized assets will be brought against the claimant and the debtor and will also be made against the first creditor registered at the address chosen in the registration invoice. If the party whose property is seized has not appointed a lawyer during the proceedings, the deadline for appearance will be increased by one day for every twenty kilometers of distance between their domicile and the place where the court is established, without this term being able to be extended with regard to the party that is domiciled outside the territory of the Republic. Art. 726.- (Modified by Law 764 of 1944). The claim for distraction must state the titles that justify it, which will be deposited in the secretariat, and will also contain a copy of the record of this deposit. When it comes to real estate seizure carried out by virtue of the execution of a conventional mortgage or the execution of a privilege, the plaintiff in the case must also deposit in the secretariat a sum in cash or in a certified check from a banking institution domiciled in the Republic, which is at least equal to two-fifths of the amount for which the seizure is carried out. However, the court may waive the requirement to provide this bond in cases where it deems the claim to be serious. No claims will be admitted in distraction when the attachment has been levied on registered land or its improvements. Art. 727.- Whenever the requested diversion is only of a part of the seized objects, the procedure for the adjudication of the excess of the seized objects shall continue, notwithstanding this claim; however, the judges may order that it be suspended in the whole, at the request of the interested parties. And if partial diversion is ordered, the executor may vary in the terms and conditions the price set by himself for the award. Art. 728.- (Modified by Law 764 of 1944). Any objections, whether formal or substantive, against the procedure preceding the reading of the terms and conditions, must be raised, under penalty of expiry, at least ten days before the date set for the reading of the terms and conditions. The claim shall state the documents, if any, that the claimant must have previously deposited with the court clerk and that may not be detached before the hearing; it shall contain a summons to a hearing within a clear period of no less than three days, nor more than five; the communication of the documents of the party pursuing the attachment shall take effect at the same hearing, all under penalty of nullity. These grounds for annulment will be decided, without hearing the prosecutor, no later than the day designated for the reading of the indictment. When, due to extraordinary circumstances, which the court is obliged to justify, a judgment has not been issued regarding the means of annulment, the procedure will continue in any case, without the prosecutor incurring liability. This provision is common to article 691. If the means are admitted, the procedure may continue starting from the last valid act and the time limits for fulfilling the subsequent acts will run from the date of the judgment that definitively decided on the nullity. If they are rejected, it will be stated in the same judgment that the reading of the terms and conditions will be carried out. Art. 729.- (Modified by Law 764 of 1944). The means of nullity against the procedure after the reading of the terms and conditions must be proposed, under penalty of expiry, eight days at the latest after the extract referred to in Art. is published for the first time in a newspaper. 696. The complaint shall state the documents, if any, that the plaintiff must have previously deposited with the court clerk and that may not be detached before the hearing; it shall contain a summons to a hearing within a clear period of no less than three days nor more than five; the communication of the documents of the plaintiff shall take effect at the same hearing; all under penalty of nullity. These means of annulment will be decided, without hearing the prosecutor, no later than the day designated for the adjudication. When, due to extraordinary circumstances, which the court is obliged to justify, a judgment has not been issued regarding the means of annulment, the court may order the postponement of the adjudication hearing for up to fifteen days, in order to issue said judgment. The new hearing will be announced by a notice from the Court Clerk published in a newspaper. If the grounds for annulment are admitted, the court will set the new date for the award. If the grounds for annulment are rejected, the auction and award will proceed. Art. 730.- (Modified by Law 764 of 1944). Judgments concerning procedural nullities, prior to or subsequent to the publication of the terms and conditions, shall not be subject to any appeal, nor shall those that decide on the claim for subrogation against the party executing the attachment, provided that it has not been attempted due to collusion or fraud, nor those that, without deciding on the incidents, record the publication of the terms and conditions. No judgment issued in an incident of real estate foreclosure shall order the diversion of costs. Art. 731.- (Modified by Law 764 of 1944). An appeal against any other judgment will be considered as not filed if it was made after ten days from the notification to a lawyer, or, if there is no lawyer, from the notification to the person or at the actual or chosen address. This period will be increased by one day for every twenty kilometers of distance, in accordance with article 725, in the event that the judgment was issued on a claim in distraction. If there is grounds for appeal, the court will rule within fifteen days. Judgments issued in default shall not be subject to opposition. Art. 732.- The appeal will be served at the lawyer's address, and if there is none, at the actual or elected address of the defendant, notifying the court clerk at the same time, who must endorse the act. The party against whom the attachment is sought may not propose in the appeal any means other than those already presented in the first instance. The appeal document will contain the grievances: all of this under penalty of nullity. Art. 733.- If the successful bidder does not execute the clauses of the award, the property will be sold by false auction at his expense. Art. 734.- If the false auction is required before the delivery of the adjudication judgment, the one who promotes it will have a certificate delivered by the secretary stating that the successful bidder has not justified compliance with the required conditions of the adjudication. In the event that there has been opposition to the delivery of the certification, the matter will be decided in a referendum by the president of the court and at the request of the most diligent party. Art. 735.- (Modified by Law 764 of 1944). By virtue of this certification and without further procedure, or in the event that the fraudulent auction is promoted after the delivery of the adjudication judgment, the court will order the resale, to take place within a period of no more than thirty days. The lawyer for the prosecutor of the fraudulent auction will publish an announcement in a newspaper indicating the date set by the court, the names and residence of the fraudulent auctioneer, the amount of the award, and the indication that the new auction will be conducted in accordance with the old terms and conditions. The period between the new announcements and the award will be at least ten days and at most twenty days. Art. 736.- (Modified by Law 764 of 1944). At least ten days before the award, the day and time when it will take place will be notified to the lawyer of the awardee and to the party against whom the attachment was made at the address of his lawyer, and, if he does not have a lawyer, at his own address. Art. 737.- (Modified by Law 764 of 1944). Only at the request of the plaintiff may the award be postponed, in accordance with the provisions of article 702. Art. 738.- (Modified by Law 764 of 1944). If the fake auctioneer proves that he has complied with the conditions of the award, the award will not proceed. Art. 739.- (Modified by Law 764 of 1944). The formalities and time limits prescribed by articles 734, 735, 736 and 737 shall be observed under penalty of nullity. The grounds for annulment will be proposed and judged as provided in article 729. No opposition will be admitted against the judgment that is effectively issued in matters of false auction and those that rule on nullities that are not of form may be challenged only by way of appeal, within the time limits and according to the forms prescribed by articles 731 and 732. For adjudication due to a false auction, articles 705, 706, 707 and 711 will be observed. Art. 740.- (Modified by Law 764 of 1944). The fraudulent bidder will be obliged to pay the difference between his price and the resale price at auction, without being able to claim the surplus if there is one. This surplus will be paid to the creditors and if they have no interest in it, to the party whose property has been seized. The deposit required by Article 690 will be applied firstly to cover the costs of the enforcement proceedings and secondly to pay the interest on the mortgage loan. Art. 741.- When, due to an incident or for any other legal reason, the award has been delayed, new edicts will be posted and new announcements will be inserted within the time limits set by article 704. Art. 742.- Any agreement stating that, in the absence of performance of the commitments made with the creditor, the latter has the right to sell the real estate of his debtor without fulfilling the formalities prescribed for the seizure of real estate shall be null and void and considered as not existing. Art. 743.- It will not be possible, under penalty of nullity, to put into judicial public sale the properties belonging to adults who have the free disposal of their rights, when it is a matter of voluntary sales. However, when a real attachment has been levied on a property, and when the act of attachment has been transcribed, it will be optional for the interested parties, if all are of legal age and owners of their rights, to request that the adjudication be made by auction, before a notary or judicially, without other formalities and conditions than those prescribed in articles 957, 958, 959, 960, 961, 962, 964 and 965, for the sale of real estate belonging to minors. The only interested parties, before the notification to the creditors, prescribed by article 692, will be the executor and the one whose property is seized; and, after this notification, the latter and all registered creditors. If only part of the assets belonging to the same business have been seized, the debtor may request that the remainder be included in the same allocation. Art. 744.- The following may file the same claims, or join them: the guardian of the minor or person under interdiction and specially authorized by a deliberation of the family council; the emancipated minor, assisted by his curator; and generally, all the legal administrators of the property of another. Art. 745.- The claims authorized by articles 743, para. 2nd, and 744, will be formed by simple request, presented to the court that hears the proceedings: this request will be signed by the lawyers of all parties. It must also contain a price position that serves as a benchmark for evaluation. Art. 746.- The sentence will be pronounced based on the report of a judge, and through the conclusions of the prosecutor. If the claim is admitted, the court will set the day for the sale, and will appoint a notary or a judge of the place, or of any other court, to proceed with the adjudication. The sentence will not be notified, and will not be subject to opposition or appeal. Art. 747.- If, after the judgment, a change occurs in the status of the parties, whether due to death or bankruptcy, or in any other way, or if the parties are represented by minors, beneficiary heirs or other incapacitated persons, the judgment will continue to receive full and complete execution. Art. 748.- Within eight days following this judgment, a summary mention of it will be made, at the request of the plaintiff, in the margin of the transcription of the attachment. The fruits that have been given the status of real estate, in compliance with the provisions of article 682, will retain this character, without prejudice to the right of the executor to comply with what is prescribed in article 685, with respect to rents and leases. The prohibition on alienation, established by Art., will also remain in place. 686. TITLE XIV: ON THE ORDER IN WHICH CREDITORS MUST BE PAID Art. 749.- In all courts of first instance, when the case requires it, by order of the president, registered in a special register that will be kept for that purpose, a judge will be appointed to arrange the order in which the creditors must be paid. Art. 750.- The successful bidder is obliged to have the adjudication sentence transcribed within forty-five days following the date of its pronouncement; and in case of appeal, within the same term, counting from its confirmation under penalty of resale for false auction. The executor, within eight days of the transcription, or in the absence of the latter, after that term, the most diligent creditor, the attached party or the assignee, shall deposit in the secretariat the state of the registrations, require that the file of the order be opened, and that the commissioner judge be appointed. Art. 751.- The commissioner judge, within eight days of his appointment, will summon the registered creditors, so that they may settle amicably on the distribution of the proceeds of the sale. This summons will be made by certified letters sent by the post office, issued by the secretary and addressed to both the addresses chosen by the creditors in the registrations, as well as to their actual addresses in the Republic, with the applicant having to advance the expenses. The party whose property has been seized and the successful bidder will also be summoned. The deadline for appearing is at least ten days, counted between the date of the summons and the day of the meeting. The judge will draw up a record of the distribution of the product, by virtue of an amicable arrangement; he will order the delivery of the invoices to the most recently placed creditors and the cancellation of the registrations of the creditors not admitted in useful rank. Registrations will be cancelled upon presentation of an extract of the judge's order, delivered by the clerk. Creditors who fail to appear will be fined five pesos. Art. 752.- In the absence of an amicable settlement within one month, the judge shall record in the file that the creditors have not been able to settle among themselves, and shall pronounce the imposition of the fine against those who have not appeared. He will then declare the order of payments open, and will commission one or more bailiffs to summon the creditors to present their documents. This part of the file cannot be copied or served. Art. 753.- For eight days after the order of payments has been opened, the creditors will be notified to produce their titles by notified act at the addresses chosen in the registrations, or at that of their lawyers, if they have constituted them; and the seller at his real domicile in the Republic, in the absence of a domicile chosen by him, or of the constitution of a lawyer. The notification will contain a warning that, if the creditor fails to present their documents within forty days, they will lose their right. The opening of the payment order will be reported at the same time to the successful bidder's lawyer. Only one complaint will be filed against the lawyer who represents many awardees. Within eight days of the notification made by him to the registered creditors, the executor will deliver the original of it to the judge, who will mention it in the file. Art. 754.- Within forty days of this notification, every creditor will be obliged to present his titles, with an act of doing so signed by his lawyer and containing a demand for placement. The judge will mention its delivery in the file. Art. 755.- The expiration of the forty-day term set above will automatically imply expiration against creditors who have not presented their titles. The judge will immediately and officially record this in the file, and will draw up the placement status in view of the documents produced. This statement will be drafted no later than twenty days after the expiration of the above-mentioned period. Within ten days of the preparation of the placement statement, the executor shall notify, by lawyer to lawyer, the creditors who have submitted titles to the attached party, with a warning to take note of it within said period, and to contradict, if appropriate, regarding the file, within thirty days. Art. 756.- If the creditors who have presented their titles and the attached part do not take note of the placement status, and do not object within said term, they will be excluded without further notice or judgments. No objection will be raised if there is no reply. Art. 757.- When there is a case for the fair price of many properties sold collectively, the judge, at the request of the parties or ex officio, by order registered in the file, will appoint one or three experts, set the day on which they must take the oath and the deadline in which they must deposit their report. This order will be reported to the experts by the plaintiff; and mention will be made of the oath in the order file, to which the expert report will be attached, of which no copy may be made nor notification made. Upon establishing the provisional placement status, the judge will rule on the fair price. Art. 758.- Every opponent must justify their claims, and present the documents in their support; the judge will refer the opponents to the hearing that he designates, and at the same time will commission the lawyer who will be in charge of promoting it. However, the same judge will determine the order and arrange for the delivery of the placement invoices for the credits prior to the disputed ones, and may even determine the order for the subsequent credits, reserving sufficient sums from them to pay the disputed creditors. Art. 759.- If no response is filed, the judge shall, within fifteen days following the expiration of the period for receiving communication and making objections, proceed to close the order of payments; he shall settle the cancellation and procedural expenses of the order, which shall be placed in preference to any other credits; he shall also settle the expenses of each creditor placed in useful rank, and order the delivery of the placement invoices to the creditors usefully placed, and the cancellation of the registrations of those not usefully placed. The costs of cancelling the registration will be deducted from the amount of each invoice in favor of the successful bidder. Art. 760.- Creditors who are in the mortgage order after the contested placements will be obliged to agree on the choice of a lawyer within eight days following the thirty agreed to make objections; and if they do not do so, they will be represented by the lawyer of the last creditor placed. The executing attorney cannot, in this capacity, be called upon in the response. Art. 761.- The hearing will continue, at the request of the lawyer who has been commissioned, by means of a simple reminder to attend the hearing set in accordance with article 758. The matter will be judged summarily without any other procedure than the reasoned conclusions of the parties involved, and the judgment will contain a settlement of costs. In the event that new documents are presented, any party that challenges or is challenged will be obliged to present them to the secretariat, at least three days before this hearing: this will be mentioned in the minutes. The court will rule based on the documents submitted. However, it may, but only for serious and duly justified reasons, agree to a deadline for submitting others, and the judgment that intervenes in this respect must set a date for the hearing, and without it being necessary to notify this decision. The provision of the judgment that grants or refuses a deadline is not subject to any appeal. Art. 762.- Sentences will be issued based on the report of the commissioner judge, and after the conclusions of the prosecutor. The judgment on the merits will be notified to the lawyer only within thirty days of its date, and will not be subject to objection. Notifying the lawyer will start the appeal period against all parties, with respect to each other. The appeal shall be lodged within ten days of the notification of the sentence to the lawyer, counting one more day for every three leagues of distance, between the place where the court is established and the actual domicile of the appellant. The appeal will be served at the lawyer's address and at the actual address of the debtor, if he does not have a lawyer, and will contain the summons and the statement of grievances, under penalty of nullity. Appeals will not be admissible except if the sum in dispute exceeds three hundred pesos, regardless of the amount of the credits of those who are litigating and the sums to be distributed. Art. 763.- The lawyer of the last creditor placed may be summoned if there is cause for it. The hearing will continue and the matter will be investigated in accordance with the terms of article 761, without further proceedings than the reasoned conclusions of the accused. Art. 764.- The court will decide, after hearing the conclusions of the prosecutor. The judgment will contain a statement of costs, will be notified within fifteen days after its date only to the lawyer, and will not be subject to opposition. Art. 765.- Within eight days following the expiration of the appeal period, and in the case of an appeal, within eight days from the notification of the Supreme Court's judgment, the judge will definitively determine the order of the contested and subsequent claims, in accordance with the provisions of Article 759. The accrued interest and interest of the most recently placed creditors will cease with respect to the debtor under attachment. Art. 766.- The costs of the responses cannot be taken from the sums that come from the adjudication. However, a creditor whose placement was rejected ex officio, despite presenting sufficient documents and titles, was admitted by the court, without any creditor having contested their right, may charge their costs against the proceeds of the sale in the ranking of their credit. The costs of the lawyers who represented the subsequent creditors in the order of mortgages, in the disputed placements, may be taken beforehand from what remains of the sums intended for distribution, deducting those that have been used to pay the previous creditors. The judgment authorizing the allocation of costs will pronounce the subrogation in favor of the creditor who does not receive the funds or the part that has been seized. The operative part of the judgment will state this circumstance and indicate the party who should benefit from it. Even if a favorable decision is obtained in the trial, the plaintiff or the defendant may be ordered to pay the costs, provided that they were negligent in the presentation of their titles. When a creditor condemned to pay the costs of the response has obtained to be placed in useful rank, the costs against him will be deducted with priority, according to a special provision of the order of the order, from the amount of his placement, for the benefit of the party that obtained the condemnation. Art. 767.- Within three days of the closing order, the plaintiff's lawyer will denounce it by means of a simple act of lawyer to lawyer. In case of opposition to this order, by a creditor, the awardee or the attachment, this opposition shall be formed, under penalty of nullity, within eight days of the complaint and shall be carried out within eight days following the court hearing, even if it is on vacation, by means of a simple act of lawyer that contains the means and conclusions; and with respect to the attached party who does not have a lawyer in the case, by act of summons within eight days term. The case will be investigated and judged in accordance with the provisions of Articles. 761, 762 and 764, even concerning the appeal of the sentence. Art. 768.- The creditor for whom funds are lacking and the part seized, will have their recourse open against those who have succumbed, for the interest and income accrued during the time of the responses. Art. 769.- Within ten days, counted from the day on which the closing order can no longer be challenged, the secretary will issue an extract of the judge's order, to be deposited by the plaintiff's lawyer in the mortgage office. Upon presentation of this extract, the registrar will cancel the registrations of the unplaced credits. Art. 770.- Within the same term, the secretary will deliver to each creditor placed an executive placement account against the awardee, or against the cash box in which the funds have been deposited. The lawyer's bill for costs may only be delivered on the condition that the lawyer presents the certificates of cancellation of the registrations of the unplaced creditors. These certifications will be attached to the file. Art. 771.- The creditor placed, upon giving a letter of payment for the amount of his placement, consents to the cancellation of his registration. As payments are made, the mortgage registrar, upon presentation of the invoice and the creditor's payment letter, will automatically remove the registration up to the amount settled. The registration will be definitively cancelled by the justification made by the successful bidder that he has paid the full amount to the creditors placed, or to the part seized. Art. 772.- When the alienation takes place by forced expropriation, the order will be promoted by the most diligent creditor or by the acquirer. It can also be promoted by the seller, but only when the amount is due. In all cases, the order will not be opened until after compliance with all the formalities prescribed for the extinction of mortgages. Order will be introduced and regulated in the ways established by this title. Creditors with legal mortgages who have not registered them within the period set by article 2195 of the Civil Code, may not exercise a right of preference over the proceeds of the sale, except when the order of payment has been opened in the three months following the expiration of said period, and under the conditions determined by the last provision of article 717. Art. 773.- Order cannot be promoted if there are fewer than four registered creditors, regardless of the method of alienation. Once the terms established by Articles 750 and 772 have expired, the party wishing to promote order will submit a request to the president of the court, so that the preliminary amicable settlement can be carried out, in the forms and with the time limits established by Article 751. In the absence of an amicable agreement, the distribution of the price will be arranged by the court, judging as in summary matters, by summons notified to a person or at the domicile, at the request of the most diligent party, without any other procedure than reasoned conclusions. The sentence will be notified only to the lawyer, if one has been appointed. In case of appeal, the procedure will be as provided for in articles 763 and 764. Art. 774.- The acquirer is paid especially in preference for the cost of the extract of the registrations and the complaints of the registered creditors. Art. 775.- Every creditor may register to preserve the rights of his debtor; but the amount of the collation of the latter shall be distributed among all the creditors who have registered, or made opposition before the closure of the order. Art. 776.- In cases of non-observance of the formalities and deadlines set by articles 753 and 755, paragraph 2, and 769, the promoting lawyer will lapse in the instance, without the need for notification or judgment. The judge will provide for his replacement, either on his own initiative or at the request of a party, by order recorded in the file, which order will not be subject to any appeal. The same procedure will be followed with respect to the lawyer who is commissioned, and who does not fulfill the obligations imposed on him by articles 758 and 761. The lawyer whose term expires in the proceedings will be obliged to immediately hand over the documents under receipt to the one who replaces him, and his costs will not be paid to him until after the closure of the order. Art. 777.- The successful bidder by forced expropriation who wishes to have the cancellation of registrations pronounced before the closure of the order, must deposit its amount and the accrued interest, without real offers made previously. If the order has not been opened, it must be requested that it be opened after the period set in article 750 has expired. In support of his request, he will deposit the receipt from the public treasury, and declare that he intends to have the validity of the deposit and the cancellation of the registrations pronounced. Within eight days following the expiration of the term for the presentation of titles, set by article 754, he will notify by lawyer to lawyer, and after prior notification to the party attached, if he does not have a lawyer appointed, that he take communication of his declaration, and that he answer it within fifteen days, if there is a place for it. In the absence of a response within this term, the judge, by order issued in the file, will declare the deposit valid and will order the cancellation of all existing registrations, maintaining its effect on the proceeds of the sale. In case of a dispute, the court will decide, without delaying the proceedings. If this has already been opened, the successful bidder, after the deposit, will make his statement in the file, under the signature of his lawyer, accompanied by the receipt of the deposit in the public treasury. The procedure will be followed, as previously stated, after the deadline for submitting titles and documents has passed. In the event of alienation, which is not due to a forced expropriation procedure, the acquirer who wishes to obtain the definitive release of all privileges and mortgages, by way of consignment, after having fulfilled all the formalities required for this purpose, will make this consignment without making prior real offers. To this end, it will formally request the seller to present, within fifteen days, the cancellation of the existing registrations, and will inform him of the amount of the capital and interest sums that he proposes to deposit. After this period, the deposit will be made, and within the following three days, the purchaser or awardee will request the opening of the order, depositing the receipt of the deposit made in the public treasury. The procedure will then be followed, upon request, in accordance with the provisions indicated above. Art. 778.- Any objection relating to the deposit of the sale amount shall be made in the file by a reasoned objection, under penalty of nullity; and the judge shall refer the contenders to the court. The hearing will be promoted by a simple act of lawyer to lawyer, without any procedure other than reasoned conclusions, proceeding afterwards as indicated in articles 761, 763 and 764. The court may rule in favor of the successful bidder or purchaser regarding priority in the payment of costs taken from the sale amount. Art. 779.- The award in a false auction that intervenes in the course of the order and even after the final settlement and the delivery of the invoices, will not give rise to a new procedure. The judge will modify the placement status, according to the results of the award, and will enforce the invoices against the new awardee. TITLE XV: ON PRISON Art. 780.- No corporal punishment may be carried out except one day after the sentence that pronounced it has been notified, with an indictment to comply with what is ordered therein. This notification will be made by a bailiff commissioned for this purpose, either by said sentence, or by the president of the court of first instance of the place where the pursued person is located. The notification will also contain the choice of address in the district where the court that issued the judgment is located if the plaintiff does not reside there. Art. 781.- The person under pressure may not be imprisoned: 1st. before sunrise and after sunset; 2nd. legal holidays; 3rd. in buildings consecrated to worship, but only during religious exercises; 4th. in the place and during the holding of the sessions of the constituted authorities; 5th. in any house, even in their home, unless so ordered by the local justice of the peace, who must, in this case, travel to the house with the ministerial officer, or commission a police commissioner for that purpose. Art. 782.- The person under pressure may not be arrested either, when, summoned as a witness before an investigating judge or a court of first instance or Supreme Court, he is carrying a safe-conduct pass. This may be agreed upon by the investigating judge, the president of the court or tribunal where the witnesses are to be heard. For this, the prosecutor's conclusions are necessary. The safe-conduct will regulate the duration of its effect, under penalty of nullity. Under this provision, the person being prosecuted cannot be arrested either on the day set for their appearance, or during the time necessary to go and return. Art. 783.- In addition to the ordinary formalities of all acts, the act of imprisonment shall contain: 1st. order reiterating the intimation referred to in article 780; 2nd. choice of domicile in the common in which the accused is detained, if the plaintiff does not reside there; the bailiff will be accompanied by two police officers. Art. 784.- After a full year has passed since the aforementioned notification, another one will be made to him by a bailiff commissioned for that purpose. Art. 785.- In case of rebellion, the bailiff may establish a guard at the gates to prevent escape, and immediately request armed force; then pursuing the person under arrest in accordance with the provisions of the Code of Criminal Procedure. Art. 786.- If the person under arrest wants the case to be referred, he will be brought immediately before the president of the court of first instance of the district to which the place where the arrest was made corresponds; who will rule as prescribed for these cases; if the arrest is made outside of the hours of the hearing, the person under arrest will be brought to the house of the president. Art. 787.- The order relating to the referral shall be inserted in the record drawn up by the bailiff, and shall be executed immediately. Art. 788.- Whenever the person under pressure does not request that the case be submitted to summary proceedings or when, once submitted, the president orders that the proceedings continue, the person under pressure shall be taken to the prison of the place; and if there is none, to that of the nearest place: the bailiff and all others who take, receive or detain the person under pressure in a place of detention not legally designated, shall be prosecuted as guilty of the crime of arbitrary detention. Art. 789.- The prison record of the person arrested in the jail book or register will state: 1st. the sentence; 2nd. the names and documents of the plaintiff; 3rd. the choice of their domicile if they do not live in the common; 4th. the names, residence and profession of the person being pressured; 5th. the deposit of at least one month's worth of food, when the enforcement is at the request of a party; and 6th. mention of the copy that was left with the person being pressured, speaking with him personally, both of the prison record and of the entry or admission to the jail. This will be signed by the bailiff. Art. 790.- The warden or jailer will transcribe in his register the sentence authorizing the arrest, and if the bailiff does not present this sentence, the jailer will refuse to receive the person being arrested, and make the entry in his book of admission. Art. 791.- The creditor shall be obliged to deposit the food in advance, if applicable; these may not be withdrawn when there is a withholding, except with the consent of the one withholding. Art. 792.- A warrant for the detention of the imprisoned person may be issued by others who have the right to exercise corporal restraint against him. A person accused of a crime may also be subject to a detention order, and will remain detained as a result of this procedure, even if their release has been ordered and they have been acquitted of the crime. Art. 793.- For the writ of retention, the formalities prescribed above regarding imprisonment shall be observed; however, the bailiff shall not have to be accompanied by police officers, and the plaintiff shall be free to deposit the food, if it already was. The actor who has caused the person to be imprisoned may take action against the person by whom the accused continues to be detained before the court of the place where the latter is detained, in order to make him contribute to the payment of food in equal parts. Art. 794.- If the formalities previously prescribed are not observed, the imprisoned person may request the annulment of the imprisonment, and the claim shall be brought before the court of the place where he is detained; in the event that the claim for annulment is based on means pertinent to the substance or main, it shall be brought before the court that is competent to execute the sentence. Art. 795.- In any case, the lawsuit may be filed in a short time by virtue of the judge's permission, and the summons may be made by the bailiff commissioned for that purpose, at the address chosen in the prison registration record; the case will be summarily judged, after the conclusions of the prosecutor. Art. 796.- The nullity of the imprisonment, for whatever reason it is pronounced, does not imply the nullity of the detention order. Art. 797.- A debtor whose imprisonment is declared null and void may not be detained for the same cause until at least one day after having been released from prison. Art. 798.- The prisoner will be released if he gives to the warden, jailer or prison guard what is the cause of his imprisonment and the costs of his capture. Art. 799.- If the imprisonment is declared null, the petitioner may be ordered to pay damages to the prosecutor. Art. 800.- The legally imprisoned person will obtain his freedom: 1st. by the consent of the one who has had him imprisoned, and of those who have requested his retention in prison, if there are any; 2nd. for the fulfillment of whatever is the cause of imprisonment, both with respect to him, as well as to the one who requested his detention, with the liquid costs of the imprisonment and the restitution of the food consigned; 3rd. because the petitioner failed to deposit the food in advance in the cases where it is appropriate; 4th. if the person under pressure has reached the age of seventy; and if, in the latter case, he is not a swindler; 5th. due to the expiration of the term set in the judgment that pronounces the enforcement. Art. 801.- Consent for the release of the prisoner may be given before a notary or in the prison registry. Art. 802.- The consignment of whatever is the cause of imprisonment shall be made into the hands of the warden or jailer, without the need for a prior order; and if they refuse to admit it, they shall be summoned within a short time and by virtue of the permit before the court of the place by a bailiff commissioned for that purpose. Art. 803.- Freedom, due to the failure to provide food, will be ordered in view of the certification of this circumstance, issued by the warden or jailer, which will be attached to the application submitted to the president of the court, without prior notification being necessary for all of this. If, despite this, the petitioner who has been slow to deposit the food, makes the deposit before the prisoner has claimed his freedom, this claim will no longer be admitted. Art. 804.- He may not imprison again for the same cause a person who has obtained his freedom for lack of deposit of food. Art. 805.- Petitions for release shall be filed in the district court where the detainee is located. These demands will be made in a short time, at the address chosen in the prison register, by virtue of the judge's permission, after a request has been submitted for that purpose; they will be communicated to the prosecutor, and will be judged without instruction at the first hearing with priority to any other case and without transfer or entry into turn.TITLE XVI: ON REFERRAL
Art. 806.- (Repealed and replaced by articles 101 to 112 and 140 and 141 of Law 834 of July 15, 1978). Art. 807.- (Repealed and replaced by articles 101 to 112 and 140 and 141 of Law 834 of July 15, 1978). Art. 808.- (Repealed and replaced by articles 101 to 112 and 140 and 141 of Law 834 of July 15, 1978). Art. 809.- (Repealed and replaced by articles 101 to 112 and 140 and 141 of Law 834 of July 15, 1978). Art. 810.- (Repealed and replaced by articles 101 to 112 and 140 and 141 of Law 834 of July 15, 1978). Art. 811.- (Repealed and replaced by articles 101 to 112 and 140 and 141 of Law 834 of July 15, 1978), whose texts are as follows: Referral Ordinances Art. 101.- The order of referral is a provisional decision rendered at the request of one party, the other being present or summoned, in cases where the law confers upon a judge who is not in charge of the main matter the power to immediately order the necessary measures. Art. 102.- The demand is brought by way of summons to a hearing that will be held for this purpose on the usual day and time of the referrals. If, however, the case requires speed, the judge of the referrals may allow summons, at a fixed time even on holidays or days of rest, either at the hearing, or at his home with the doors open. Art. 103.- The judge shall ensure that sufficient time has elapsed between the summons and the hearing to allow the summoned party to prepare their defense. Art. 104.- The summary order does not have, as to the main issue, the authority of res judicata. It cannot be modified or renewed in reference except in the case of new circumstances. Art. 105.- The order of referral is provisionally enforceable without bond, unless the judge has ordered that one be provided. If necessary, the judge may order that the execution take place in view of the minutes. Art. 106.- The referral order is not subject to opposition. It may be challenged on appeal unless it emanates from the first president of the appeals court. The appeal period is fifteen days. Art. 107.- The judge ruling in summary proceedings may pronounce sentences to astreintes. You can settle them on a provisional basis. It establishes regulations regarding costs. Art. 108.- The minutes of the referral ordinances are kept in the secretariat of the jurisdiction. The Powers of the President Art. 109.- In all urgent cases, the president of the court of first instance may order in summary proceedings all measures that do not conflict with any serious answer or that justify the existence of a dispute. Art. 110.- The president may always prescribe in reference the protective measures that are imposed, either to prevent imminent damage, or to put an end to a manifestly unlawful disturbance. In cases where the existence of the obligation is not seriously questionable, a guarantee may be agreed upon for the creditor. Art. 111.- The powers of the president of the court of first instance provided for in the two preceding articles extend to all matters when there is no particular summary procedure. Art. 112.- The president of the court may also rule in summary proceedings on the difficulties of executing a judgment or other enforceable title.The Powers of the President of the Court of Appeal
Article 140. In all urgent cases, the president may order, in summary proceedings during the appeal process, all measures that do not conflict with any serious objection or justify the existence of a dispute. Article 141. The president may also, during the appeal process, suspend the execution of judgments improperly deemed final, or exercise the powers conferred upon him regarding provisional execution.
PART TWO: VARIOUS PROCEDURES BOOK ONE
TITLE I: ON OFFERS OF PAYMENT AND CONSIGNMENT
Art. 812.- Every act of offer of payment shall designate the object offered, so that it cannot be substituted with another; and if it is made in kind, it shall contain the enumeration and the quality of these. Art. 813.- The minutes will mention the response, non-admission or acceptance of the creditor, and whether signed, refused or declared unable to do so. Art. 814.- In case the creditor refuses what was offered, the debtor may, in order to be released, deposit the sum or thing offered, observing the formalities prescribed by article 1259 of the Civil Code. Art. 815.- Any claim that may be made regarding the validity or nullity of the offers or the consignment shall be formulated according to the rules established for the main claims; and if it is incidental, it shall be in writing. Art. 816.- The judgment declaring the validity of the offers will order, in the case that these have taken place without the consignment, that in the absence of the creditor receiving the sum or the thing offered, these be consigned; and will pronounce the cessation of interest, from the day of the making of the deposit in the public treasury. Art. 817.- The voluntary or ordered deposit will always be made at the expense of those who oppose it, if there are any, informing the creditor. Art. 818.- The rest is governed by the provisions of the Civil Code, relating to offers of payment and consignment. TITLE II: ON THE RIGHT OF OWNERS OVER THE FURNITURE, EFFECTS AND FRUITS OF THEIR TENANTS AND LESSEES, AND ON THE RETENTIVE ATTACHMENT AGAINST TRANSIENT DEBTORS Art. 819.- (Modified by Article 4 of Law 571 of October 4, 1941). Owners and principal tenants of houses or rural properties, whether or not there is a written contract, may, after one day from the payment order and without prior permission of the justice of the peace, have seized for debt of overdue rents and leases, the effects and fruits that are found in said houses or rural establishments and in the lands that correspond to them. They can also have it seized instantly, by virtue of permission obtained from the justice of the peace, upon prior request for that purpose. They are also empowered to seize the furnishings of the house or property, when they have been removed from their place without their consent, and to retain their privilege over them provided that they have made their claim in accordance with the provisions of article 2102 of the Civil Code. Art. 820.- The effects of subtenants or sublessors that are in the places occupied by them, and the fruits of the lands that they sublet, may be seized because of the rents or leases owed, by the tenant or lessee from whom they obtained them; but they will obtain the suspension of the procedure, justifying that they have paid without fraud, and they cannot oppose payments made in advance or in advance. Art. 821.- This type of seizure will be carried out in the same way as the executive one, and the person being seized may be appointed as depositary; and if there are fruits, the procedure will be as prescribed in title IX of the previous book. Art. 822.- Every creditor, even if he lacks title, may, without prior payment order, but with permission of the president of the court of first instance, and even of the justice of the peace, have seized the effects that he finds in the common in which he resides and that belong to his transient debtor. Art. 823.- The one who seizes will be the depositary of the effects, if they are in his possession; and if not, one will be established. Art. 824.- In the case of the attachments referred to in this title, the sale may not proceed until after the validity of those attachments has been declared; and in the case of article 821, the person attached, and the one who attaches in the case of article 823, or the depositary if there is one, will be condemned to the presentation of the effects by enforcement. Art. 825.- In addition to this, the rules previously prescribed for the execution attachment and for the sale and distribution of the sums derived from it shall be observed. TITLE III: ON THE SEIZURE IN RECOVERY Art. 826.- Seizure in recovery of property may not be carried out except by order of the president of the court of first instance, at the request of a party; and this, under penalty of damages, both against the party and against the bailiff who carried out the seizure. Art. 827.- Every request to obtain an attachment in recovery, will summarily designate the effects on which the attachment falls. Art. 828.- The judge may, even on legal holidays, allow the seizure to be carried out in recovery. Art. 829.- If the person in whose house the objects to be claimed are found refuses entry or opposes the seizure, the judge will be called upon to decide in summary proceedings, the seizure being suspended, however; without prejudice to the power of the applicant to establish a guard at the doors of the house. Art. 830.- The attachment in recovery shall be carried out in the same way as the executive attachment, unless the same person against whom it is levied can be constituted as depositary. Art. 831.- The claim for the validity of the attachment shall be filed before the court of the domicile of the person against whom the proceedings are brought; and if it is in connection with an already pending instance, it shall be filed before the court that hears this instance. TITLE IV: ON SUBSEQUENT BIDDING IN CASE OF VOLUNTARY ALIENATION Art. 832.- The notifications and requirements prescribed by articles 2183 and 2185 of the Civil Code shall be carried out by a bailiff commissioned for that purpose by the president of the court of first instance of the district in which it takes place, by virtue of a simple request, and in both of them the constitution of lawyer near the court where the new auction and the order of payments will take place shall be indicated. The act of request for the auction will express, together with the offer and indication of the bond, a summons to the court within three days to receive it, in which it will be acted upon as in summary matters. This summons will be served at the address of the appointed lawyer, and at the same time a copy of the bond commitment act, and of the deposit, will be left in the court clerk's office of the titles that prove his solvency. And if the case should occur in which the new bidder gives a pledge in money or in rents on the State, in the absence of a guarantee, in accordance with article 2041 of the Civil Code, he shall notify together with the summons the copy of the act that proves the deposit of the pledge. If the bond is rejected, the new auction will be declared void, and the purchaser will be upheld in their rights, unless there are no further bids made by different creditors. Art. 833.- When a subsequent bid has been notified with summons in the terms indicated in the preceding article, each of the registered creditors shall have the right to be subrogated in the judicial proceedings, if the new bidder or the new owner does not continue the action for one month after the subsequent bid. The subrogation will be requested by simple intervention request, and will be notified by act of lawyer to lawyer. The same right of subrogation will be open to the benefit of registered creditors, when in the course of the proceedings there has been collusion, fraud or negligence on the part of the plaintiff. In all the above cases, the subrogation will take place at the expense and risk of the new bidder, for which the guarantee remains mandatory. Art. 834.- After the transcription, privileged or mortgage creditors under the terms of articles 2123, 2127 and 2128 of the Civil Code may not take valid registration against the previous owner. Art. 835.- However, the seller or the co-participant may skillfully register the privileges conferred upon them by Articles 2108 and 2109 of the Civil Code, within forty-five days of the act of sale or partition, notwithstanding any other transcription of acts made in said term. Art. 836.- In order to reach the resale at auction indicated by article 2187 of the Civil Code, the plaintiff will have several edicts printed that contain: 1st. the date and nature of the act of alienation on which the subsequent bid has been made, the name of the notary who extended it, or that of any authority who was called upon to do so; 2. the price stated in the act, if it is a sale, or the valuation made of the real estate in the notification to the registered creditors if it is an exchange or a donation; 3rd. the assembly of the subsequent bid; 4th. the names, professions and addresses of the previous owner, the acquirer or donee, the new bidder and the one who was subrogated to the latter, in the case of article 833; 5th. the summary indication of the nature, and the situation of the alienated goods; 6th. the name and residence of the attorney appointed by the plaintiff; 7th. the indication of the court where the subsequent auction will take place, as well as the day, place and time of the award. These notices shall be posted, at least fifteen days, and at most thirty days, before the adjudication, on the door of the former owner's residence, and in the places designated in article 699 of this Code. A copy of the same edict will be inserted in one of the local newspapers, within the same period and in compliance with article 696; and everything will be recorded as stated in articles 698 and 699. Art. 837.- At least fifteen days and at most thirty days before the award, both the old and the new owner will be notified to attend it at the place and on the day and time indicated. The same notification will be made to the creditor who made the subsequent bid, if the promoter is the new owner, or another subrogated creditor. Within the same timeframe, the deed of alienation will be deposited in the court secretariat, which will serve for the auction. The price indicated in said act, or the declared value and the amount of the subsequent bid will take place as the first bid. Art. 838.- The one who makes the subsequent bid, even if he is subrogated in the act of the proceedings of the new auction, will be declared the successful bidder, if on the day set for the award no other bidder appears. Articles 701, 702, 705, 706, 707, 711, 712, 713, 717, 731, 732, and 733 of this Code shall apply to cases of subsequent bidding, as well as Articles 734 and following relating to false auction. The formalities prescribed by articles 705, 706, 832, 836 and 837 shall be observed under penalty of nullity, and the nullities must be proposed under that of expiration, in the following way: those that correspond to the declaration of subsequent bid and the summons, before the judgment that must rule on the receipt of the guarantee; those that are related to the formalities of the auction, at least three days before the adjudication. As regards the first nullities, they will be established by the judgment on receipt of the guarantee; and for the others, before the adjudication. No default judgment on matters of subsequent bidding shall be subject to opposition in the case of voluntary alienation. Appeals may only be filed against judgments that rule on nullities prior to the receipt of the bond or on the receipt of the bond itself, and against judgments issued on the claim for subrogation attempted due to collusion or fraud. The award due to a subsequent bid, in the case of voluntary alienation, may not be subject to a new subsequent bid. The effects of the award resulting from a subsequent auction in the case of voluntary alienation shall be governed, with respect to the seller and the awardee, by the provisions of Article 717 of this Code. However, after the adjudication judgment due to subsequent bidding, the extinction of legal mortgages, if it has not taken place before, is done as in cases of voluntary alienation, and the rights of creditors with legal mortgages will be arranged by the last paragraph of article 772.TITLE V: ON THE PROCEDURE TO BE FOLLOWED TO OBTAIN A COPY OF AN ACT, OR TO HAVE IT AMENDED
Art. 839.- Any notary or any other depositary who refuses to issue a copy of an act to the interested parties in it in their direct name, to the heirs or successors, shall be compelled to do so even by corporal punishment, by means of a short term summons made by virtue of the permission of the president of the court of first instance. Art. 840.- The matter will be judged summarily, and the sentence executed notwithstanding opposition or appeal. Art. 841.- The party that wants to obtain a copy of an act that has not been registered or that is incomplete shall petition the president of the court of first instance to obtain it, except for the execution of the laws and regulations relating to registration. Art. 842.- The copy will be issued, if applicable, in execution of the order placed at the foot of the application, which will be mentioned at the end of the copy issued. Art. 843.- In the event of refusal by the notary or depositary, the point will be submitted, in summary proceedings, to the president of the court of first instance. Art. 844.- The party wishing to obtain a second copy, whether of the minutes of an act, or by way of enlargement, of a deposited copy, shall submit for this purpose an application to the president of the court of first instance; by the order that is issued, the notary shall be required to give the requested testimonies on the day and time that will be indicated to him, and the interested parties shall be required to be present at the act; such order shall be mentioned at the foot of the second copy, as well as the amount for which an execution may be carried out, or if the credit has been canceled or assigned in part. Art. 845.- In case of disagreement, the parties will appear in reference. Art. 846.- Anyone who, in the course of an instance, wishes to obtain a copy or an extract of an act in which he or she was not a party, shall proceed in accordance with the following rules. Art. 847.- The demand to obtain a compulsory order shall be made in writing from lawyer to lawyer; it shall be brought to the hearing by a simple act and judged summarily, without any other procedure. Art. 848.- The sentence will be enforceable notwithstanding appeal or opposition. Art. 849.- Records of verification or confrontation shall be drawn up, together with the copy issued by the notary or depositary, unless the court that ordered it entrusts the task to one of its members, or to any other judge of the court of first instance or to any other notary. Art. 850.- In all cases, the parties may attend the proceedings, and have inserted in the minutes that are to be drawn up the observations or objections that they deem appropriate. Art. 851.- When the advances that have been made for the minutes of the act and the emoluments or costs, are owed to the depositary, the latter may refuse to deliver the copy until all the expenses have been paid, including those of the copy itself. Art. 852.- The parties may compare the copy with the minutes, which will be read by the depositary; if they believe that there is no agreement, they will appeal to the president of the court, who will make the comparison, for which purpose the depositary will be obliged to present the minutes. The applicant must advance the costs, both of the record and of the transport of the depositary. Art. 853.- The secretaries and custodians of public records shall issue, without judicial order, copies or extracts to all who require them, paying their emoluments, under penalty of costs, damages and losses. Art. 854.- A second copy of the judgment shall not be issued to the same party except by order of the president of the court that issued it. In this case, the prescribed formalities for obtaining a second copy of the acts performed between the notaries, containing the executive formula, will be observed. Art. 855.- Anyone who wants to order the rectification of a civil status act, will make their request to the president of the court of first instance. Art. 856.- The matter will be decided by means of a report from a commissioner judge, and after the conclusions of the prosecutor have been heard. The judges will order, if they deem it appropriate, that the interested parties be summoned and that the family council be convened beforehand. When there is a need to summon the interested parties, they will be summoned, and if they are in litigation, the summons will be made by lawyer to lawyer. Art. 857.- No rectification, no change may be made to the tenor of the act; but the judgments that order the rectification, will be registered in the registers by the civil status official, as soon as they have been sent to them, and mention of them will be made in the margin of the reformed act. Afterwards, no copy of it may be issued except with the ordered corrections, under penalty of damages against the official who issued it. Art. 858.- In the event that there is no other interested party than the applicant for rectification, and when the latter believes he has grounds to complain about the sentence, he may, within three months of the date of said sentence, appeal to the Supreme Court of Justice, presenting to the president of the Court a petition, at the foot of which will be indicated the day on which the matter will be ruled on in a hearing, after hearing the conclusions of the public prosecutor.TITLE VI: CERTAIN PROVISIONS RELATING TO THE TAKING POSSESSION OF THE PROPERTY OF AN ABSENT PERSON
Art. 859.- In the case provided for in article 112 of the Civil Code, and in order that a ruling may be made on it, the request of the president of the court shall be presented, accompanied by the documents mentioned therein and which serve as support. In view of it, the president will commission a judge to submit a report on the day indicated; and the sentence will be pronounced after the opinion of the prosecutor has been heard. Art. 860.- The same procedure will be followed in cases involving provisional possession authorized by Article 120 of the Civil Code. TITLE VII: ON THE AUTHORIZATION OF MARRIED WOMEN Art. 861.- When a married woman wants to obtain authorization to assert her rights in court, and having notified her husband, obtains a refusal; based on this refusal, she will request authorization by means of a formal written document addressed to the president of the court of first instance of her domicile, who will issue an order allowing her to summon the husband to a specified day, before the council chamber, so that he may state there the reasons for his refusal. Art. 862.- After hearing the husband, or if he has not appeared, and after the conclusions of the prosecutor, a sentence will be given that will rule on the wife's claim. Art. 863.- In the case of presumed absence of the husband, or when this has been declared, the woman who wants to be authorized to claim her rights in justice will likewise submit a petition to the president of the court, who will order the communication to the prosecutor, and will commission a judge to submit a report on the day indicated. Art. 864.- The wife of the person subject to interdiction shall be authorized in the manner prescribed by the previous article, attaching the interdiction sentence to the application. TITLE VIII: ON THE SEPARATION OF PROPERTY Art. 865.- No claim for separation of property may be introduced without prior authorization which the president of the court must give, in view of the request that will be presented to him for that purpose: before agreeing to the authorization, the president may make the observations that he deems appropriate. Art. 866.- The court clerk shall, without delay, record in a table placed for that purpose in the courtroom, an extract of the separate claim which shall contain: 1st. the date of the lawsuit; 2nd. the names, professions and residence of the spouses; 3rd. the names and residence of the appointed lawyer, who will be obliged to send, for this purpose, said extract to the secretary, within three days of the demand. Art. 867.- The same extract will be inserted in the tables placed for this purpose, in the courtroom of the commercial court, and in the notaries, in the places where there is one and others. These insertions will be certified by the secretaries to whom it corresponds. Art. 868.- The same extract will be inserted, at the request of the wife, in one of the newspapers printed in the place where the court is located, and if there is none there, in one of those established in the nearest province or district, if there is one. This insertion will be verified as established in the title of Real Estate Seizure, article 698. Art. 869.- No judgment may be issued, except for acts of preservation, on a claim for separation, until one month after the formalities prescribed in the preceding articles have been fulfilled, which must be observed under penalty of nullity, which may be opposed by the husband or by his creditors. Art. 870.- The confession of the husband will not constitute proof, even in the case that there are no creditors. Art. 871.- The husband's creditors may, until a final judgment is rendered, demand from the wife's lawyer, by lawyer to lawyer, the communication, and the documents that justify it, and even intervene for the preservation of their rights. Art. 872.- The judgment of separation shall be read in public hearing of the commercial court of the place, if there is one therein; and an extract of said judgment containing the date, the designation of the court that pronounced it, the names, professions and residence of the spouses, shall be inserted in a table intended for this purpose, and displayed for one year, in the courtroom of the courts of first instance and of commerce of the husband's domicile, even if he is not a merchant; and if there is no commercial court, in the main hall of the town hall to which the husband's domicile corresponds. A similar extract will be inserted in the table displayed in the notaries' offices, if any. The woman may not begin the execution of the sentence before the indicated formalities have been fulfilled, without, however, it being necessary to wait for the expiration of the said term of one year. The provisions of this article do not contradict in any way those of article 1445 of the Civil Code. Art. 873.- If the formalities prescribed in this title have been observed, the husband's creditors may not, after the expiration of the term indicated in the previous article, be admitted to bring a third-party claim against the judgment of separation of property. Art. 874.- The woman's resignation from the community will be carried out in the secretariat of the court where the lawsuit for separation of property is in instance.TITLE IX: ON PERSONAL SEPARATION
Article 875. The spouse who believes they have sufficient grounds to initiate legal separation proceedings shall be obligated to file a petition with the presiding judge of the court of their domicile, summarizing the facts and attaching any supporting documents. Article 876. The petition shall be answered by an order stating that the parties shall appear before the presiding judge on the date indicated therein. Article 877. The parties shall appear in person, without the assistance of a lawyer or legal counsel. Article 878. The presiding judge shall offer the spouses such suggestions as they deem appropriate to reconcile them; if this is unsuccessful, they shall issue a second order following the first, stating that, given the inability to reconcile the parties, they are to continue their legal action without a preliminary conciliation hearing; the same order shall authorize the wife to proceed with the lawsuit and to temporarily leave the house agreed upon by the parties, or the house designated by the presiding judge ex officio. The court shall also order that the necessary items for the woman's daily use be sent to her. Demands for supplies shall be brought before the court. Art. 879. The case shall be conducted in the same manner as other civil cases and judged after the conclusions of the public prosecutor have been heard. Art. 880. An extract of the judgment pronouncing the separation shall be posted in the bulletin boards displayed in the courtrooms and notary offices, as stated in Article 872. Art. 881. The provisional administration of the children shall be the responsibility of the husband, whether plaintiff or defendant in a legal separation, unless, by virtue of a justified request from the mother, the family, or at the request of the public prosecutor, the court orders otherwise for the best interests of the children.TITLE X: ON THE DELIBERATIONS OF THE FAMILY COUNCIL
Article 882. When the appointment of a guardian is not made in their presence, they shall be notified by the member of the council designated by the guardian. This notification shall be made within three days of the deliberation, and one additional day for every three leagues of distance between the place where the council met and the guardian's domicile. Article 883. Whenever there is no unanimity in the deliberations of the family council, the opinion of each of its members shall be recorded in the minutes. The guardian, the deputy guardian or curator, and even the members of the council, shall have recourse against the deliberation by filing a lawsuit against the members who voted in favor of it, without the need for conciliation. Article 884. The case shall be judged summarily. Article 885. In all cases involving a deliberation subject to ratification, a copy of the deliberation shall be submitted to the president, who, by order attached thereto, shall direct notification to the prosecutor. Article 886. The prosecutor shall submit their conclusions at the end of said order, and the draft of the ratification judgment shall be attached to said conclusions in the same file. Article 887. If the guardian or the person responsible for requesting ratification fails to do so within the term established by the deliberation, or within fifteen days if no term has been established, any member of the council may request ratification, with the guardian being responsible for the costs incurred, without recourse. Article 888. Members of the council who believe they have a duty to oppose ratification shall declare this by extrajudicial order to the member responsible for requesting it, and if they are not summoned, they may oppose the judgment. Art. 889.- Judgments given on deliberations of a family council shall be subject to appeal.TITLE XI: ON INTERDICTION
Art. 890.- In all interdiction proceedings, the facts of imbecility, dementia or fury shall be stated in the petition submitted to the president of the court, accompanying the supporting documents, indicating the witnesses. Art. 891.- The president of the court will order the communication of the request to the prosecutor, and will commission a judge to submit a report on the day indicated. Art. 892.- In view of the judge's report and the prosecutor's conclusions, the court shall order that a family council, formed in the manner determined by the Civil Code, section IV of chapter II, title On Minority, Guardianship and Emancipation, shall issue an opinion on the status of the person whose interdiction is requested. Art. 893.- The proceedings and the deliberation of the family council will be notified to the defendant, before proceeding to his interrogation. If the questioning and the documents presented are insufficient, and when the facts can be justified by witnesses, the court will order, if appropriate, that a testimonial investigation be carried out, which will be done in the ordinary manner. The same court may order, when circumstances require, that the information be made without the presence of the defendant; but in this case his consultant may represent him. Art. 894.- The appeal filed by the one whose interdiction has been pronounced will be directed against the one who promoted it; and the one filed by the one who promoted it, or by one of the members of the family council, will be against the one whose interdiction has been promoted. In the event that a consultant has been appointed, the appeal of the person on whom the interdiction has been imposed will be directed against the one who caused the interdiction. Art. 895.- When there has been no appeal against the interdiction sentence, or if it is confirmed on appeal, a guardian and a pro-guardian will be appointed to the person whose interdiction has been pronounced, following the rules established in Title X of the Deliberations of the Family Council. The provisional administrator appointed in compliance with article 497 of the Civil Code will cease to perform his duties, and will report to the guardian if it is not the same person. Art. 896.- The application to lift the interdiction will be processed and judged in the same manner as the interdiction. Art. 897.- The judgment that pronounces a prohibition against litigating, settling, lending, receiving movable capital, giving discharge of it, alienating or mortgaging without the assistance of a consultant, shall be publicized in the manner prescribed by article 501 of the Civil Code. TITLE XII: ON THE BENEFIT OF ASSIGNMENT Art. 898.- Debtors who find themselves in the case of claiming the judicial assignment, agreed by article 1268 of the Civil Code, will be obliged, for this purpose, to deposit in the secretariat of the court where the claim will be presented, their balance sheet, their books, if they have them, and their active titles. Art. 899.- The debtor shall appear before the court of his domicile. Art. 900.- The demand will be communicated to the prosecutor; but it will not have a suspensive effect for any procedure, unless the judges, after summoning the parties, order that it be provisionally dismissed. Art. 901.- The debtor admitted to enjoy the benefit of the assignment will be obliged to reiterate it personally, and not by proxy, in the hearing of the commercial court of his domicile where his creditors have been summoned. Art. 902.- If there is no commercial court, the aforementioned reiteration will be made in the town hall on a session day; the debtor's declaration will be recorded, in this last case, by a bailiff's report, which will be signed by the president of the town council. Art. 903.- The names, profession and residence of the debtor shall be inserted in a public notice board designated for this purpose, placed in the courtroom of the commercial court of his domicile, of the court of first instance that exercises its functions, and in the place of the sessions of the city council. Art. 904.- The judgment that admits the benefit of the assignment will serve as power to the creditors for the purpose of selling the movable and immovable property of the debtor; in these sales, the procedures prescribed for heirs with the benefit of inventory will be followed. Art. 905.- The following may not be admitted to the benefit of the transfer: those who have been fraudulently bankrupted, persons convicted of theft or fraud, nor accountants, nor guardians, administrators and depositaries. Art. 906.- Furthermore, the provisions of this title do not prejudice the commerce, which will always be governed by its own code.BOOK II: PROCEDURES RELATING TO THE OPENING OF A SUCCESSION TITLE I: ON THE AFFIXING OF SEALS DUE TO DEATH Art. 907.- When it is appropriate to affix seals, due to death, it will be done by the justices of the peace; in the absence of these, by their substitutes in office.
Art. 908.- Both will use the seal of the justice of the peace.
Art. 909.- They may require the affixing of seals: 1st. all those who believe they have a right in the succession or in the community; 2nd. all creditors by executive title, or authorized by the president of the court of first instance, or by the justice of the peace of the Common in which the seals must be affixed; 3rd. and in the absence of the spouse, the heirs or one of them, the individuals who lived with the deceased person, and even their dinner guests and employees.
Art. 910.- Those who believe they have rights and emancipated minor creditors may request the affixing of seals without the assistance of their guardian. If they are unemancipated minors, if they lack a guardian, or in the case of absence of the latter, one of their relatives may request it.
Art. 911.- Seals will be affixed, either at the request of the prosecutor, or by virtue of a declaration from the local mayor, and the justice of the peace will do so ex officio: 1st. if the minor lacks a guardian, and no relative has requested the formality of the seal; 2nd. if the spouse, the heirs, or one of them are absent; 3rd. If the deceased was a public custodian, in which case the seals will only be placed on the objects that constitute that custodian.
Art. 912.- The power to affix the seals belongs exclusively to the local justice of the peace, or to his substitutes in office.
Art. 913.- If the seals have not been affixed before the burial of the corpse, the justice of the peace shall record in his minutes the moment when he was required to place them, and the reasons that delayed the request or the affixing of them.
Art. 914.- The record of affixing seals will contain: 1st. the date of the year, month, day and time of the operation; 2nd. the reasons that cause the fixation; 3rd. the names, profession and residence of the applicant, if any, and the choice of domicile that he/she has made in the common in which the seals are fixed, in the case of not being a resident of it; 4th. If there is no requesting party, the record shall state that the sealing was carried out ex officio or at the request or declaration of one of the officials mentioned in article 911; 5. the order that mandated that formality, if one was issued; 6th. the appearance and presentation of the parties; 7th. the designation of the places, desks, trunks and cabinets in which the seals have been placed; 8th. a brief description of the effects that have not been placed under seals; 9th. the oath, upon completion of the sealing, which the inhabitants must take, stating that they have not transgressed anything, nor seen or known that any person has distracted it directly or indirectly; 10th. the establishment of the guardian presented, if he has the required qualities; and otherwise, the appointment of a suitable subject, made ex officio by the justice of the peace.
Art. 915.- The keys to the locks that are under seals will remain, until these are removed, in the possession of the secretary of the justice of the peace, who will record in the minutes the delivery that is made to them, the justice of the peace nor the secretary may return to the house until the moment of removing the seals under penalty of disqualification: unless required to do so or preceded by a reasoned order.
Art. 916.- If, at the time of affixing the seals, a will or other closed or sealed papers are found, the justice of the peace shall record its external form, the seal and the envelope, if it has one, and shall initial the cover together with the parties present, if they know or are able to do so, setting the day and time when the package or file is to be opened before him, expressing everything in the record that the parties will sign or mention will be made of their refusal.
Art. 917.- The justice of the peace, at the request of any interested party and before proceeding to affix seals, will investigate the whereabouts of the will, the existence of which has been reported to him; and if he finds it, he will proceed as already indicated.
Art. 918.- On the predetermined day and time, without the need for summons, the sealed packages or files found by the justice of the peace will be opened by this magistrate in the presence of the parties, if they attend, to check their condition and order their deposit whenever their content concerns the succession.
Art. 919.- If the sealed packages or sheets indicate by their label or other written proof that they belong to a third person, the justice of the peace will order that the person be called within the period he sets, so that he may be present at the opening, which he will carry out on the predetermined day with or without his presence; and if the documents are not pertaining to the succession, he will return them without making known their contents, or he will reseal them so that they may be delivered to the owner at his first request.
Art. 920.- If an open will is found, the justice of the peace shall record its status, observing the provisions of article 916.
Art. 921.- If the doors are closed, or there are obstacles to the affixing of the seals, if difficulties arise before or during this formality, the justice of the peace will then issue, on a provisional basis, what is appropriate, and will immediately report his decision to the president of the court of first instance of his district, so that he may resolve it according to law.
Art. 922.- In all those cases in which the justice of the peace has to resort to the authority of the president of the court, whether in matters of seals or any other, whatever is done and ordered will be recorded in the minutes authorized by the justice of the peace.
Art. 923.- Once the inventory has been prepared, the seals may not be affixed unless the inventory is challenged as being too small. When the affixing of seals is required during the preparation of the inventory, seals will only be affixed to objects that have not yet been inventoried.
Art. 924.- When no movable property appears, the justice of the peace will draw up a certificate of lack. If there is only furniture intended for the use of the inhabitants of the house, or furniture exempted by law from such formality, the justice of the peace will draw up a record, briefly designating said furniture.
Art. 925.- There shall be in the secretariat of each court of first instance a register in which the operations of fixing seals shall be recorded in order, according to the declaration that the justices of the peace of the judicial district have the duty to make within twenty-four hours, expressing in it the names and address of the persons whose objects have been sealed; the names and address of the justice of the peace who carried out the operation and the day and time in which it was carried out.
TITLE II:
ON OBJECTIONS TO BREAKING SEALS
Article 926. Objections to the breaking of seals may be made by declaration in the record of the operation, or by means of a document notified to the clerk of the justice of the peace court. Article 927. All such objections shall contain, under penalty of nullity, and in addition to the usual formalities for all acts: 1. The choice of domicile within the municipality or district of the justice of the peace court where the seals were placed, provided that the objector does not reside there; 2. A detailed statement of the grounds for the objection.TITLE III: ON THE BREAKING OF SEALS
Art. 928.- The seals may not be removed nor the inventory prepared until three days after the burial of the corpse, if they were placed previously; and three days after the fixing, if it was carried out after the burial, under penalty of nullity of the acts of breaking the seals and preparing the inventory, and of the damages and losses on the part of those who have promoted and carried out said acts; unless for urgent reasons, which must be expressed in the order, the justice of the peace orders it otherwise. In this case, if the interested parties with the right to attend the breaking of the seals do not appear, the justice of the peace will officially call a notary on their behalf, and if there is none, the town council's trustee, both to remove the seals and to prepare the inventory. Art. 929.- If the heirs or some of them are unemancipated minors, the seals shall not be broken until a guardian has been appointed or their emancipation has been declared. Art. 930.- All those who have the right to require the affixing of seals may request their breaking, except those who only had them affixed in compliance with the provisions of article 909. Art. 931.- The formalities required to obtain the breaking of the seals are: 1st. a special requirement, recorded in the minutes of the justice of the peace; 2nd. a court order from the justice of the peace stating the day and time when the breaking will take place; 3rd. notification to the surviving spouse, presumptive heirs, executor or testamentary executor, universal legatees or universal title, if known, and the opponents, to attend the act of breaking the seals. It will not be necessary to call interested parties residing at a distance of more than three leagues; but the justice of the peace will appoint ex officio a notary, and if there is none, the syndic of the town council, to represent them in the act of lifting the seals and formulating the inventory. The opponents will be summoned to the address they have chosen. Art. 932.- The spouse, the executor of the will, the heirs, the universal legatees and those who are by universal title, may attend personally or by representation all the proceedings that are necessary for the breaking of seals and the preparation of the inventory. The opponents will not have the right to attend personally or by representation except to the first hearing; but they will be obliged to be represented in the others by a single representative that they agree upon by common consent, or that, if not, will be appointed by the justice of the peace ex officio. If there are lawyers among these representatives, they will prove their powers by presenting the title of their principal; and the oldest lawyer, of those representing creditors based on an authentic title, will assist the oldest lawyer of the opponents based on a title even under private signature. The age will be definitively fixed from the first action. Art. 933.- If one of the opponents has interests different from or contrary to the others, he may attend personally or through a representative, at his own expense. Art. 934.- Opponents for the preservation of the rights of their debtor may not attend the first performance, nor participate in the election of the common agent, for the other attendances. Art. 935.- The common spouse in property, the heirs, the testamentary executor and universal or universal title legatees may agree on the choice of one or two notaries, and one or two expert appraisers; and if they do not do so, according to the nature of the objects, the appraisal will be carried out by one or two notaries or expert appraisers appointed ex officio by the justice of the peace, before whom the appointed experts will take an oath. Art. 936.- The record of breaking the seals must contain: 1st. the date; 2nd. the names, profession, neighborhood and choice of domicile of the requesting party; 3rd. indication of the order to break the seals; 4th. indication of the notification prescribed by article 931; 5th. the appearance and objections of the parties; 6th. the appointment of the notaries, experts and appraisers who must make the appraisal; 7th. the recognition of the seals, verifying their integrity; otherwise, their alterations will be recorded, except for what may be appropriate to provide on this matter in their cases; 8th. the requirements regarding investigations or inquiries, their results, and all other demands that may need to be resolved. Art. 937.- The seals must be broken successively as the inventory is formalized, and must be affixed again at the end of each action. Art. 938.- Objects of the same kind may be grouped together in order to be inventoried successively in their order, placing them back under seals. Art. 939.- If objects and papers unrelated to the estate are found, claimed by a third party, they will be delivered to the appropriate person; and if they cannot be delivered instantly, but it is necessary to describe them, this description will be recorded in the seal record, and not in the inventory. Art. 940.- If the cause that motivated the fixing of seals ceases before their breaking, or during the course of that formality, they will be broken without making a description.TITLE IV: ON INVENTORY FORMATION
Art. 941.- Those who have the right to request the breaking of the seals may request the formation of the inventory. Art. 942.- The inventory must be done in the presence; 1st. of the surviving spouse; 2nd. of the presumed heirs; 3rd. of the executor of the will, if the will is known; 4th. of the donees and legatees, universal or by universal title, whether in ownership or in usufruct, after proper citation, provided that they reside at a distance of three leagues. When they reside at greater distances, the justice of the peace will appoint a notary, and if he does not do so, the attorney-in-fact, to represent all those who have not attended. Art. 943.- In addition to the formalities common to all notarial acts, the inventory must contain: 1st. the names, profession and residence of the applicants, the appearing parties and the absent parties, if known; of the notary or attorney-in-fact called to represent them; of the appraisers; and mention of the order appointing the notary or attorney-in-fact to represent the absent and non-appearing parties; 2nd. the indication of the places where the inventory is carried out; 3. the description and estimation of the effects, which must be carried out at their fair value and without any increase; 4th. the indication of the quality, weight and brand of the tableware; 5th. the designation of the species in numerals; 6th. The papers will be classified by noting them at the beginning and end; they will be initialed by the notary; if there are books and commercial records, their condition will be checked; the pages will be initialed and numbered as well, if they are not already; and if blank spaces appear on said pages, they will be crossed out; 7th. the declaration of active and passive titles; 8th. mention of the oath that must be taken by those who were in possession of the objects before the inventory, or who lived in the house where those objects were found, expressing that they neither misappropriated nor have seen or known that anything had been misappropriated; 9th. The delivery of the effects and papers, if applicable, into the hands of the person agreed upon, or who, in the absence of agreement, is appointed by the justice of the peace. Art. 944.- If difficulties arise at the time of making the inventory, or if requirements are formed for the administration of the community or the succession or for other objects, and the other parties do not agree, the notary will allow the parties to appear in summary proceedings before the president of the court of first instance of the district. TITLE V: ON THE SALE OF FURNITURE Art. 945.- When any sale of furniture dependent on an inheritance is to be carried out, in compliance with article 826 of the Civil Code, said sale will be made in the manner determined in the article On the executive attachment. Art. 946.- The sale will proceed at the request of one of the interested parties, by virtue of the order of the constitutional justice of the peace, by an auctioneer, and in the absence of this, by a bailiff. Art. 947.- The parties who have the right to attend the inventory, and who have their actual or elected domicile at a distance of three leagues, will be called. The act will be notified at the elected address. Art. 948.- If difficulties arise, they will be decided provisionally by the justice of the peace. Art. 949.- The sale will be carried out at the place where the goods are located, unless it is arranged to do so in another more advantageous place. Art. 950.- The sale will be carried out, both in the presence and in the absence of the parties, and without it being necessary to appoint a representative for those not appearing; and the presence or absence of the applicant will be recorded in the minutes. Art. 951.- For all those cases in which the attendance of the justice of the peace and the notary is necessary, in the formation of inventory and sale of the furniture, if the latter is missing, the former will act in his place, and the substitute will perform the functions of justice of the peace. Art. 952.- If the parties are of legal age, and are present and in agreement, without the concurrence of an interested third party, they will be exempt from compliance with the formalities prescribed in the previous titles.TITLE VI: ON THE SALE OF REAL ESTATE BELONGING TO MINORS
Art. 953.- The sale of real estate belonging to minors may not be ordered except after deliberation by the family council, stating the nature of the property and its approximate value. This deliberation will not be necessary if the assets belong at the same time to adults who promote the sale, in which case the procedure will be in accordance with the title "On partitions and tenders". Art. 954.- When the court approves the deliberation of the family council, it shall declare, by the same judgment, that the sale shall take place either before one of the judges of the court in a public hearing, or before a notary commissioned for that purpose. If the properties are located in several provinces or districts, the court may commission a notary in each of them, and also by letter rogatory to each of the courts where the properties are located. Art. 955.- The judgment ordering the sale will determine the estimated price of each of the properties to be sold, and the conditions of the sale. The estimated price will be regulated by the deliberation of the family council, based on the property titles or lease agreements, authentic or under private signature, that have a certain date. However, the court may, depending on the circumstances, order a full or partial valuation of the properties. This valuation will take place, depending on the importance and nature of the assets, by one or three experts whom the court will commission for this purpose. Art. 956.- If the valuation has been ordered, the expert or experts, after having taken an oath, either before the president of the court or before a justice of the peace appointed by the former, will write their report, which will briefly indicate the basis of the valuation, without going into descriptive details of the goods to be sold. The minutes of the report will be deposited in the court's secretariat, and no copy of it will be given out. Art. 957.- The auction will be opened by means of a set of conditions, deposited by the lawyer in the court secretariat, or prepared by the commissioned notary and deposited in his office, if the sale must take place before a Notary. The specifications will contain: 1st. the enunciation of the sentence authorizing the sale; 2nd. that of the titles that establish ownership; 3rd. the indication of the nature, as well as the situation of the goods to be sold, the indication of each estate with its approximate content, and that of its boundaries and limits; 4th. the statement of the price on which the bids are to be made; and the conditions of the sale. Art. 958.- After the deposit of the terms and conditions, several edicts will be drafted and printed containing; 1st. the statement of the sentence that authorized the sale; 2nd. the names, professions and addresses of the minor, his guardian and the co-guardian; 3. the designation of the goods, as inserted in the specifications; 4th. the price at which the bids will be opened for each of the goods to be sold; 5th. the day, place and time of the award, as well as the indication, either of the notary and his residence, or of the court before which the award will take place; and in either case, of the seller's lawyer. Art. 959.- (Modified by Law 3080 of September 18, 1951). The edicts will be posted at least eight days and at most fifteen days before the adjudication in the places designated in article 699, and also on the door of the notary who proceeds with the sale; all of which will be verified as stated in the same cited article. Art. 960.- A copy of the edicts will be inserted within the same term in the newspaper indicated by article 696, which will be verified as established by article 698. Art. 961.- Depending on the nature and importance of the goods, greater publicity may be given to the sale, in accordance with articles 697 and 700. Art. 962.- (Modified by Law 3080 of September 18, 1951). The guardian of the minor will be summoned to the sale, as prescribed by article 459 of the Civil Code; for this purpose, he will be notified of the day, time and place of the adjudication five days in advance, with the warning that it will proceed both in his absence and in his presence. Art. 963.- (Modified by Law 3080 of September 18, 1951). If on the day set for the award, the bids do not rise above the fixed price, the court may order, by simple request, and in chamber of council, that the goods be awarded for less than the appraisal; and the award will be transferred to a term which will be indicated by the judgment, and which may not be less than eight days. This award will be announced again by edicts and insertions of them in newspapers, as prescribed, at least five days before the award. Art. 964.- The following articles shall be declared common to this title: 701, 705, 706, 707, 711, 712, 713, 733, 734, 735, 736, 737, 738, 739, 740 and 741. However, if the bids are made before a notary, they can be made by any person without the assistance of a lawyer. In cases of sale before a notary, if there is cause for a false auction, the procedure will take place before the court. The certificate, stating that the successful bidder has not fulfilled the required conditions, will be issued by the notary. The award document will be deposited in the court's secretariat to serve as the basis for the auction. Art. 965.- Within eight days after the award, any person may make a further bid of one-sixth more of the price thereof, adhering to the formalities and terms regulated by articles 708, 709 and 710 of this Code. When a second award takes place, after the aforementioned subsequent auction, no further bids may be received on the same goods. TITLE VII: ON PARTITIONS AND BIDS Art. 966.- In the cases indicated by articles 823 and 838 of the Civil Code, when the partition must be done judicially, it will be carried out at the request of the most diligent party. Art. 967.- Between two plaintiffs, the continuation will belong to the one who first had the original of his act of request endorsed by the secretary of the court, with expression of the day and time in which it was endorsed. Art. 968.- The special and particular guardian that must be given to each minor who has opposing interests will be appointed in accordance with the rules established in the title On the Deliberations of the Family Council. Art. 969.- For the judgment rendered on a partition claim, a judge will be commissioned, if applicable, in accordance with article 823 of the Civil Code and at the same time a notary. If during the course of the partition the judge or the notary has any impediment, the president of the court, upon request, will provide for his replacement, by means of an order that will not be subject to opposition or appeal. Art. 970.- When the court decides on a partition claim, the judgment issued will order the partition, if applicable, or the sale by auction before a judge of the same court, or before a notary in accordance with article 954. Whether the partition or the bidding is ordered, the court may declare that one or the other should proceed immediately, without the need for prior expert appraisal, even if there are minors involved. Whenever it is a bidding process, the court will set the price on which the auction is to be carried out, in accordance with article 955. Art. 971.- When the court orders the appraisal, it may commission the effect to one or three experts who will take an oath, as stated in article 956. The appointments and reports of the experts will be made by fulfilling the formalities prescribed in the title of Expert Reports. The expert reports will briefly indicate the basis of the estimate, without going into descriptive details of the goods to be divided or auctioned. The one who promotes the partition or the bidding will request the ratification of the report, by simple conclusions notified from lawyer to lawyer. Art. 972.- The formalities prescribed in the title of Sale of real estate belonging to minors must be observed for the sale, adding to the terms and conditions: the names, residences and profession of the promoter; the names, and residence of his lawyer; and the names, residences and professions of the collaborators and their respective lawyers. Art. 973.- Within eight days of the deposit of the terms and conditions, in the court secretariat or in the notary's office, the bidders will be notified, by a simple act, in the study of their respective lawyers to take note of the said terms and conditions. Should any difficulties arise concerning him, they will be resolved at the hearing, with no further writing than a simple act of the lawyer. The invalidation of the judgment rendered may not be sought except by way of appeal within the time limits and with the formalities prescribed by articles 731 and 732 of this Code. No other judgment on difficulties related to formalities that must be completed after the notification to take note of the terms and conditions may be challenged, either by opposition or by appeal. If on the day indicated for the award the bids do not reach the price set for the auction, the procedure will be as stated in article 963. Within eight days of the award, any person may make a further bid for one-sixth more of the principal price, in accordance with the conditions and formalities prescribed by Articles 708, 709 and 710. This subsequent auction will produce the same effects as in the sale of the minor goods. Art. 974.- When the situation of the properties has required several different expert appraisals, and each property has been declared indivisible, there will nevertheless be no place for the auction of them, if it results from the meeting of all the reports, that the entirety of the properties can be conveniently divided. Art. 975.- When the partition claim has as its object only the division of one or more properties, over which the rights of the interested parties have already been settled, the experts called to make the estimate will arrange the lots in the manner prescribed by article 466 of the Civil Code and after their report has been ratified, the lots will be drawn by lot, either before the commissioned judge, or before the notary commissioned beforehand by the court in the terms of article 969. Art. 976.- In all other cases, and especially when the court has ordered the partition, without the need for an expert report, the promoter will summon the co-participants to appear on the indicated day before the notary who is commissioned, in order to proceed with the settlement of accounts, collation, formation of the mass, deductions of values, arrangement of lots and supplies: all as mandated in the Civil Code, article 828. The same procedure will be followed, after the bidding has taken place, if the award price is to be combined with other items in a common partition pool, in order to form the balance between the various lots. Art. 977.- The commissioned notary will proceed on his own, without the need for the assistance of a second notary, or of witnesses: if the parties are assisted by a consultant near him, the fees of the latter will be borne by the one who brings him, without including the expenses of the partition. In the case of article 837 of the Civil Code, the notary will draw up a separate document, stating the difficulties and objections of the parties, which he will deliver to the court secretariat, where it will be retained. If the commissioner judge refers the parties to the hearing, the indication of the day on which they must appear will serve as a summons. There will be no need for any notification to appear, either before the judge or at the hearing. Art. 978.- When the mass to be divided, the collations and deductions have been established by the notary, according to articles 829, 830 and 831 of the Civil Code, the lots will be made by one of the co-heirs, if all of them are of age, if they agree in the choice, and if the one who has been chosen accepts the commission; otherwise, the notary, without the need for any other procedure, will send the parties before the commissioner judge, who will appoint an expert. Art. 979.- The co-heir chosen by the parties, or the expert appointed for the formation of the lots, will establish their composition by means of a report that the notary will write in the form, following the preceding operations. Art. 980.- When the lots have been designated, and a decision has been made on the responses relating to their formation, if there have been any, the promoter will notify the co-participants to attend the notary's office on a certain day, in order to witness the closing of their deed, hear the reading of it, and sign it with him, if they can and want to do so. Art. 981.- The Notary will deliver the copy of the partition deed to the most diligent party, so that they may promote its approval by the court; after hearing the report of the commissioner judge, the court will approve the partition, if there is cause for it, the parties must be present, or summoned, if all have not appeared at the closing of the deed, and after the prosecutor has given his conclusions. Art. 982.- The homologation sentence will order the drawing of lots, either before the commissioner judge, or before the notary, who will deliver them immediately after the drawing. Art. 983.- Both the court clerk and the notary are obliged to issue as many total or partial extracts of the partition deed as the interested parties require. Art. 984.- The aforementioned formalities shall be observed in the bidding and partitions that have as their purpose to end the indivision, when there are minors or other persons who, not enjoying their civil rights, have an interest in them. Art. 985.- Finally, when all the co-owners or co-heirs are of age, in the enjoyment of their civil rights and are present or duly represented, they may abstain from judicial proceedings, or abandon them at any stage of the case, and agree to proceed in the manner they deem most convenient.TITLE VIII: ON THE BENEFIT OF INVENTORY
Art. 986.- If the heir, before taking the status of such, wishes, in accordance with the provisions of the Civil Code, to be authorized to proceed with the sale of movable property belonging to the succession, he shall submit his application for the purpose to the president of the court of first instance of the district where the succession is open. The sale that is authorized will be made by a public official, after the edicts and publications required by this Code for the sale of furniture. Art. 987.- When there are reasons to proceed with the sale of one or more properties belonging to an estate in which there is an heir with the benefit of inventory, the latter shall present to the president of the court where that estate is open, an application for the case, in which the properties will be summarily designated. This request will be communicated to the prosecutor; and after hearing his conclusions and in view of the report of the judge commissioned for this purpose, a sentence will be issued authorizing the sale with a fixed price on which bids will be admitted, or ordering beforehand that the properties be seen and valued by an expert appointed ex officio. In the latter case, the expert report will be ratified by the court, after a request; and after the prosecutor's conclusions, the court will order the sale. Art. 988.- When the sale is carried out, in each of the cases provided for in the two previous articles, the formalities prescribed in the title On the Sale of Goods belonging to minors shall be observed. Articles 701, 702, 705, 706, 707, 711, 712, 713, 733, 734, 735, 736, 737, 738, 739, 740, 741 and 742, the last two paragraphs of article 964 and article 965 of this Code are declared common to this title. The beneficiary heir will be considered a pure and simple heir, if he has sold real estate without adhering to the rules prescribed in this title. Art. 989.- The sale of furniture and income belonging to the estate, when there is a place to proceed with it, will be done observing the formalities prescribed for the sale of that kind of property, under penalty against the beneficiary heir of being considered a pure and simple heir. Art. 990.- The price of the sale of the furniture will be distributed pro rata among the opposing creditors, observing the formalities indicated in the title On the Pro Rata Distribution. Art. 991.- The sale price of the properties will be distributed observing the order of the privileges and mortgages. Art. 992.- The creditor, or any interested party who wants to force the beneficiary heir to give security, will make the notification for this purpose, by an extrajudicial act notified personally or at his domicile. Art. 993.- Within three days of this notification, and one more day for every three leagues of distance, between the domicile of the heir and the common where the seat of the court is located, said heir shall be obliged to present a surety in the secretary of the court where the succession is open, with the formalities prescribed for the reception of surety. Art. 994.- When difficulties arise relating to the admission of the guarantor, the promoting creditors will be represented by the most senior lawyer. Art. 995.- For the rendering of accounts on the benefit of inventory, the formalities prescribed in the title On the Rendering of Accounts will be observed. Art. 996.- The actions that the beneficiary heir has to attempt against the succession, will be proposed against the other heirs; if there are none or if such actions are attempted by all, they will be against a curator for the benefit of inventory, appointed with the same formalities as the curator for a vacant succession.TITLE IX: ON THE WAIVER OF COMMUNITY PROPERTY, INHERITANCE, AND THE SALE OF DOWRY PROPERTY
Article 997.—The renunciation of a community property or inheritance shall be made at the clerk's office of the court of first instance of the district in which the dissolution of the community property or the opening of the inheritance took place, and shall be recorded in the register prescribed by Article 784 of the Civil Code, in accordance with Article 1457 of the same Code, without the need for any other formality. When the sale of dowry property is to be carried out, in the cases provided for in Article 1558 of the Civil Code, the sale shall be by written means, previously authorized by a judgment rendered in open court. Articles 954, 955, and following of the title on the Sale of Real Property Belonging to Minors shall also be applicable to these cases.TITLE X: OF THE CURATOR OF A VACANT ESTATE
Article 998. When, after the expiration of the time limits set for making an inventory and for deliberation, no person appears claiming an inheritance in which there is no known heir, or in which those who exist have renounced it, such inheritance shall be deemed vacant; and a curator shall be appointed, in accordance with Article 812 of the Civil Code. Article 999. In cases of competition between two or more curators, the one who was appointed first shall have preference, without the need for a court judgment. Article 1000. The curator shall be obligated, first and foremost, to record the state of the inheritance by means of an inventory, if one has not already been made, and to have the movable property sold, observing the formalities prescribed in the titles "On the Inventory" and "On the Sale of Movable Property." Article 1001. The sale of real estate and income may not proceed except in accordance with the formalities prescribed in the title "On the Benefit of Inventory." Article 1002. The formalities required of the beneficiary heir regarding the manner of administering and rendering accounts of their administration shall apply in the same manner to the curator of a vacant estate.BOOK III
SOLE TITLE: ON ARBITRATION
Art. 1003.- (Amended by Law 845 of July 15, 1978). Every person may establish commitments regarding the rights that they may freely dispose of.
When difficulties arise, if no agreement is reached regarding the appointment of arbitrators, the more diligent party shall notify the other parties, by means of a bailiff, to appoint arbitrators within eight clear days. This notification shall contain the name and address of the arbitrator chosen by the claimant. If, within the given time, the defendants fail to provide the names of their chosen arbitrators, the presiding judge of the competent commercial court, pursuant to Article 420 of the Code of Civil Procedure, shall, at the request of the claimant, proceed to their appointment. The order shall not be subject to appeal. A copy of the request and the order shall be served, within eight clear days, on the defendants, as well as on the arbitrators, with a requirement to proceed with the arbitration.
Articles 1003 to 1028 of the Code of Civil Procedure are applicable insofar as they are not contrary to this Law.
Art. 1004.- No commitments may be established regarding gifts and legacies of food, lodging and clothing; regarding separations between husband and wife, nor in matters of personal status; regarding cases concerning public order, the State, national property, municipalities, public establishments, gifts and legacies for the benefit of the poor; regarding those concerning guardianships, minors and those under interdiction; regarding those concerning or of interest to persons presumed to be absent; and generally regarding all those entrusted to the defense of a curator.
Art. 1005.- The commitment may be made by means of a deed before the chosen arbitrators or by instrument before a notary or under private signature.
Art. 1006.- The agreement shall state the cause of the dispute, and the names of the arbitrators, under penalty of nullity.
Art. 1007.- The commitment will be valid even if the term is not set in it, in which case the task of the arbitrators will not last more than three months from the day of the commitment.
Art. 1008.- During the term of the arbitration, the arbitrators may not be revoked except by the unanimous consent of the parties.
Art. 1009.- The parties and the arbitrators shall observe in the procedure the time limits and formalities established, and which must be followed before the courts, unless the parties have agreed otherwise.
Art. 1010.- The parties may, at the time and after the agreement, waive the right to appeal. When the arbitration concerns a matter that is under appeal or civil review, the arbitral award shall be final and without appeal.
Art. 1011.- The procedural acts and the minutes of the Ministry of the arbitrators shall be done by all the arbitrators, unless the commitment does not authorize them to commission one of them.
Art. 1012.- The commitment concludes; 1st. by the death, non-acceptance, resignation or impediment of one of the arbitrators, when there is no clause that allows to continue, or that says that the replacement will be made by choice of the parties, or of the remaining arbitrator or arbitrators; 2nd. by the expiration of the stipulated term, or of three months, if it was not fixed in said commitment; 3rd. by the tie, when the arbitrators do not have the power to appoint a third.
Art. 1013.- Death, when all the heirs are of age, will not extinguish the commitment; the term to proceed and judge will be suspended during the time needed to make the inventory and deliberate.
Art. 1014.- The arbitrators may not resign, once they have begun their operations; nor may they be challenged, except for a cause arising after the commitment.
Art. 1015.- When a false registration occurs, even if it is purely civil, or when a criminal incident arises, the arbitrators will allow the parties to bring the incident before the appropriate authority; and the time for arbitration will be suspended and will not continue to run until the day of the judgment on the incident.
Article 1016. Each party is obligated to produce its defenses and documents at least fifteen days before the expiration of the term of the agreement; and the arbitrators shall be obligated to rule on those presented to them. The award shall be signed by all the arbitrators, and if there are more than two, and the minority refuses to sign, the remaining arbitrators shall make mention of this, and the award shall have the same effect as if it had been signed by all. Arbitral awards are not subject to appeal in any case.
Article 1017. In the event of a tie, the arbitrators authorized to appoint a third shall be bound to do so by the same decision declaring the tie. If they cannot agree on the appointment, they shall state this in the minutes drawn up for that purpose. The third arbitrator shall be appointed by the president of the tribunal responsible for ordering the execution of the arbitral decision, for which purpose a request shall be submitted by the most diligent party. In both cases, the divided arbitrators shall be bound to draft their respective opinions, stating the reasons for them, either in the same minutes or in separate minutes.
Article 1018. The arbitrator appointed as a third party shall be obliged to decide within one month, counted from the day of their acceptance, unless this period is extended by the minutes of their appointment; and they may not rule until after having conferred with the arbitrators who are divided in opinion, who shall be summoned to meet for that purpose. If all the arbitrators do not meet, the third party shall rule alone, but must, however, conform to one of the opinions of the other arbitrators.
Art. 1019.- The arbitrators and the third party in disagreement will decide according to the rules of law, unless the commitment does not grant them the power to decide as amicable compositors.
Article 1020. The arbitral award shall be made enforceable by order of the presiding judge of the court of first instance of the district in which it was rendered. For this purpose, the draft of the award shall be deposited by one of the arbitrators within three days of the date of its pronouncement with the clerk of the court. If the arbitration agreement concerns an appeal of a judgment, the arbitral decision shall be deposited with the clerk of the court hearing the appeal, and the enforcement order shall be issued by its presiding judge. Proceedings for the deposit expenses and registration fees may only be carried out against the parties.
Article 1021. Arbitral awards, even if preliminary, may not be enforced until the order issued for this purpose by the president of the tax court has been obtained; and a copy of said order shall be attached to the decision. Jurisdiction over the enforcement of the award lies with the court whose president granted the exequatur.
Art. 1022.- Arbitral awards may not in any case be opposed to third parties.
Art. 1023.- Appeals of arbitral judgments shall be brought before the courts of first instance, when dealing with matters that without arbitration would have been, either in the first instance or in the last instance, within the competence of the justices of the peace; and before the Supreme Court of Justice, for matters that would have been, either in the first instance or in the last instance, within the competence of the courts of first instance.
Art. 1024.- The rules that have been established for the provisional execution of court judgments shall be applicable to arbitral awards.
Art. 1025.- (Repealed by Law 1077 of March 17, 1936).
Art. 1026.- Civil review may be attempted against arbitral awards in the time limits, forms and cases previously indicated for the judgments of the ordinary courts, and will be brought before the court that would have been competent to hear the appeal.
Art. 1027.- However, the following may not be proposed as means of civil review: 1st. the non-observance of ordinary formalities, if the parties have agreed otherwise, as stated in article 1009; 2nd. the means resulting from a decision having been made on something not requested, except the right to challenge the ruling for nullity, in accordance with the following article.
Article 1028. – It shall not be necessary to file an appeal or civil review in the following cases: 1. when the award was given without arbitration or outside the terms of the arbitration agreement; 2. when it was based on a void arbitration agreement or one whose terms had expired; 3. when it was given by arbitrators who were not authorized to do so in the absence of others; 4. if the award was given by a third party without having first conferred with the arbitrators who were divided in their opinions; 5. and lastly, when the ruling concerns a matter not yet lost. In all these cases, the parties shall appeal the execution order to the court that issued it and request the annulment of the act classified as the arbitral award.
GENERAL DISPOSITION
Art. 1029.- None of the nullities, fines and expirations pronounced in this Code shall be coercive.
Article 1030. No act of a bailiff or procedural act may be declared null unless the nullity is formally pronounced by law. In cases where the law has not pronounced the nullity, the court official may be condemned, whether for omission or contravention, to a fine that shall not be less than one peso nor exceed twenty.
Art. 1031.- The null or frustrating procedures or acts, and the acts that give rise to a sentence of fine, will be in charge of the court officials who have done them; who, according to the circumstances, will also be responsible for the damages and losses of the party, and will be subject even to suspension of their functions.
Art. 1032.- Municipalities and public establishments are obliged, in order to attempt a lawsuit, to comply with administrative laws.
Article 1033. (Amended by Law 296 of May 30, 1940). The day of notification and the day of expiration shall not be counted in the general term established for summonses, citations, notices, and other acts served on a person or domicile. This term shall be increased by one day for every thirty kilometers of distance; and the same rule shall be followed in all cases provided for in civil or commercial matters when, by virtue of laws, decrees, or regulations, it is appropriate to increase a term due to distance. Fractions greater than fifteen kilometers shall increase the term by one day, and those less than fifteen kilometers shall not be counted for the increase, except in the case where the only existing distance, although less than fifteen kilometers, is greater than eight, in which case said distance shall increase the term by one full day. If the last day of the term falls on a holiday, it shall be extended to the next day.
Art. 1034.- Notifications to be present at expert reports, as well as summonses made by virtue of a judgment of accumulation, will only indicate the place, day and time of the first action or the first hearing, and there will be no need to repeat them, even if the action or the hearing continues on another day.
Article 1035. Whenever it is necessary to administer an oath, receive bail, conduct a testimonial inquiry, an interrogation concerning facts and articles, appoint experts, or generally perform any operation pursuant to a judgment, and the parties or the places of dispute are very far apart, the judges may commission a neighboring court, a judge, or even a justice of the peace, as the nature of the matter requires. Likewise, and for the same reasons, the courts may mutually authorize each other to appoint either one of their members or a justice of the peace from their jurisdiction to carry out the ordered operations.
Art. 1036.- The courts, according to the seriousness of the circumstances, may, in the cases that are before them, pronounce even ex officio, by express order, the suppression of writings, declare them slanderous, and order the printing and publication of their sentences by means of the press.
Art. 1037.- (Repealed and replaced by Art. 121 of the Law
834 of July 15, 1978), the text of which is as follows:
Art. 121.- No execution may be carried out before six in the morning or after six in the evening, nor on holidays or days declared non-working, unless by permission of the judge in case of necessity.
Art. 1038.- Lawyers who have defended the parties in cases on which final judgments have been issued, shall be obliged to continue in the execution of these judgments, without the need for new powers, provided that the execution takes place within one year of having been pronounced.
Article 1039. All notifications made to public persons with the authority to receive them must be countersigned by them in the original, without costs. In the event of refusal, the original shall be countersigned by the prosecutor at the court of first instance of the same domicile as those who have refused to sign; these persons may be sentenced, after hearing the conclusions of the prosecutor, to a fine that may not be less than two pesos.
Art. 1040.- All acts that are the responsibility of a Judge, will be carried out in the premises where the court operates; the judge will always be assisted by the secretary, who will keep the minutes and issue the copies: in case of urgency, the judge may resolve from his residence the instances that are presented to him; all without prejudice to the execution of the provisions contained in the title On Summary Proceedings.